United States v. Favreau
Opinion
The defendant, Derrick Favreau, pleaded guilty to a serious drug offense, violation of
Police stopped Favreau's car for a highway offense. After police officers had completed the license check that is usual when a car is stopped for a driving offense, the
drugs were found hidden in the car during a search prompted by a drug detection dog's indication of their presence. The issues on appeal are whether, after checking the license and related matters, the police had reasonable suspicion that a drug offense was being committed, so as to justify a further period of detention while the dog repeatedly circled the car, and whether the added time so consumed (of about three minutes) exceeded the permissible duration for the dog's reconnaissance.
See
Rodriguez
v.
United States
, --- U.S. ----,
We review these legal issues de novo.
See
United States
v.
Dickerson
,
State Trooper Pappas was aware of Favreau's reputation as a drug dealer, and about a year before the confrontation in question he had received an informant's tip that Favreau possessed a vehicle that contained a "trap," a secret compartment in which drugs could be hidden and transported. 1 More pressing assignments kept Pappas from following up on the tip, but when his schedule allowed it, he decided to conduct surveillance on Favreau, with the help of Trooper Gagnon, as well as Trooper Rooney (who worked with a drug detection dog). Rooney drove a marked cruiser, but both Pappas and his unmarked car were well known in the vicinity where the relevant events took place.
On the day in question Pappas and Gagnon drove to where Favreau's house could be seen. They saw him get in the car the tipster had mentioned, pull away, signal a turn into a cross street, nevertheless drive straight through the intersection and, at a point where Pappas and Gagnon's police car was visible, reverse direction and then turn into the cross street in the direction opposite to his original directional signal. Rooney testified that reversing direction as Favreau had done was known as a tactic by suspects trying to elude police following them. Soon after, the troopers located the car parked in the lot of a store, which Favreau entered and left multiple times. Before driving out of the lot he looked intently up and down each of the streets at the nearby intersection.
After the suspect had left the store lot and made another turn, this time without signaling, Rooney (following him) put on the blue lights and siren. In violation of Maine law, Favreau did not stop promptly, but turned down another street before pulling over. In the ensuing conversation about Favreau's driving violations, the status of his operating license and any current court involvement, Favreau accused the officers of mounting the very surveillance they had engaged in, thus indicating that his driving maneuvers had been made with the police consciously in mind. He was manifestly nervous and had difficulty following directions for a pat-down, which disclosed a wad of cash that Favreau said was $400. When asked where he was going his answer was that he was going home, a patent lie in light of his observed itinerary.
At this point the facts warranted reasonable suspicion that Favreau's behavior before and after the stop showed a degree of concern so far beyond anything normal as to suggest that he was in fear of revealing evidence of wrongdoing. The license check having been completed, Rooney circled the car with the dog, and although the animal was initially distracted by unrelated activity nearby, the several circuits of the car took less than three minutes before the dog alerted and thus raised suspicion to the level of probable cause to justify the search that led to discovery of the trap and a commercial quantity of cocaine within it.
On our de novo review, we agree with the district court's mixed fact-law conclusion entirely. Although the officers' initial and primary interest in observing Favreau was his possible activity in the illegal drug trade, not the bizarre driving for which they stopped him, or his unlawful failure to respond readily to the lights and siren, their ulterior motive is of no consequence under the Fourth Amendment.
See
Whren
v.
United States
,
Because the interview during this initial period of detention was clearly lawful on the basis of traffic regulation and incidentally disclosed further reason to suspect drug crime, the reasonably justifiable time for further detention to test the growing suspicion should be measured from the end of that initial period. While there is no exact metric to measure it, the times that have passed muster in prior cases of justifiable detention on reasonable suspicion of criminal activity have generally
been relatively brief.
See
Terry
,
Affirmed .
The parties dispute the reliability of the information the tipster had provided prior to this tip, and consequently the reasonableness of crediting the tip itself. But, owing to the synergy of the content of the tip and the facts that unfolded prior to and during the stop of Favreau's car, reliability ex ante is not a significant question here. The content of the tip was significant in making sense of the other facts recited below, which themselves suggested that the tip might well be true; all, together, had a degree of coherence that raised a reasonable suspicion of wrongdoing, which in turn justified the dog sniff that provided the further fact sufficient for probable cause to search the car.
Reference
- Full Case Name
- UNITED STATES of America, Appellee, v. Derrick FAVREAU, Defendant, Appellant.
- Cited By
- 4 cases
- Status
- Published