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        United States Court of Appeals
             for the Fifth Circuit                                      United States Court of Appeals
                             ____________                                        Fifth Circuit

                                                                               FILED
                               No. 23-30231                                 April 4, 2024
                             ____________                                 Lyle W. Cayce
                                                                               Clerk
United States of America,

                                                         Plaintiff—Appellee,

                                   versus

Courtney D. Clayton,

                                        Defendant—Appellant.
               ______________________________

               Appeal from the United States District Court
                   for the Middle District of Louisiana
                         USDC No. 3:21-CR-91-1
               ______________________________

Before King, Ho, and Engelhardt, Circuit Judges.
Per Curiam:
       On December 16, 2021, a grand jury indicted Courtney D. Clayton on
one count of possession with intent to distribute heroin, fentanyl, and
cocaine, in violation of 

(a)(1). During pretrial proceedings,
Clayton filed a motion to suppress evidence. After holding a hearing and
considering the parties’ post-argument briefs, the district court denied
Clayton’s motion. Clayton entered a conditional guilty plea but preserved his
right to appeal the denial of his motion to suppress. He does so now.
       We AFFIRM.
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                                     No. 23-30231


                                           I.
        As part of a three-month drug trafficking investigation, officers in the
East Baton Rouge Sheriff’s Office began conducting recorded video
surveillance of Courtney D. Clayton’s home, which he shared with his
mother. In addition, officers placed GPS tracking devices on a black
Mercedes Benz and a silver Land Rover associated with the Claytons.
Officers began to observe activities often associated with drug trafficking,
including Clayton’s mother visiting multiple different pharmacies in Texas
and repeatedly driving between Texas and Louisiana in a single day.
Moreover, a reliable confidential informant claimed that he bought heroin
from Clayton at his home, and that Clayton had a courier who would pick up
two kilograms of heroin “somewhere west of Baton Rouge” twice a month.
        Based on this information, officers applied for, and received, search
warrants for both Clayton’s home and his Mercedes. However, as officers
prepared to execute the warrants, they observed burglars break into and
remove items from Clayton’s home. Believing that evidence of drug
trafficking may have been stolen, officers continued their investigation for
another two weeks before seeking a new warrant for Clayton’s residence. The
officers did not renew their search warrant for the Mercedes. Rather, their
new search warrant specified that officers could search Clayton’s residence,
as well as “all other structures, vehicles, and places on the premises where
[evidence] may be found.” 1
       On the morning of the execution of the search warrant, officers
observed Clayton exit his home and drive away from the residence.

       _____________________
       1
         When asked why officers did not renew the specific warrant for the Mercedes,
former Narcotics Agent Joshua Clark indicated that it was because they felt that the old
warrant “fell within the scope of the [new] warrant [they] had received.”




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                                     No. 23-30231


According to the post-execution Incident Report, officers “immediately
conducted” a stop of Clayton’s car, detained Clayton, and proceeded to
search his residence and vehicle. Officers discovered a large amount of cash,
three cell phones, and controlled substances—specifically heroin, fentanyl,
oxycodone, and cocaine—in the Mercedes. Clayton was arrested and
transported to the East Baton Rouge Narcotics Office for processing and
further investigation. After arriving at the Narcotics Office, Clayton denied
selling drugs, but stated that all the items in the car—including the narcotics
and cash—belonged to him.
       Clayton was subsequently charged with possession with intent to
distribute one kilogram or more of a mixture or substance containing heroin,
forty grams or more of a mixture or substance containing fentanyl, and a
mixture or substance containing cocaine, in violation of 

(a)(1). Clayton filed a motion to suppress the evidence discovered in the
Mercedes, as well as Clayton’s incriminating statement to law enforcement.
Clayton contended that the search warrant of the Mercedes had become
stale, and that officers did not have probable cause to arrest him. Clayton also
contended that the Government failed to meet its burden to show that
officers advised him of his constitutional rights pursuant to Miranda v.
Arizona, 

 (1966). 2
       The district court held a hearing on Clayton’s motion to suppress. At
the hearing, the Government introduced the testimony of Sergeant Eric
David and former Narcotics Agent Joshua Clark, two officers who conducted
the vehicle stop on the Mercedes. In relevant part, former Agent Clark
testified that the two had intended to stop Clayton “immediately”—i.e., as

       _____________________
       2
          Clayton now concedes that he was properly given a Miranda warning, but argues
that officers did not honor his invocation of his right to remain silent.




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                                  No. 23-30231


Clayton was “leaving his house” in his car—“for [the] overall safety of the
operation,” but Sergeant David testified that they were unable to do so
because an elderly woman “froze in the middle of the intersection,” causing
a delay. Still, former Agent Clark testified that they were able to stop Taylor
approximately one block—250 yards—away from his home. After the stop,
Clayton was handcuffed, placed in the back of a marked police car, and driven
back to his residence. Former Agent Clark testified that after returning to
Clayton’s home, he provided Clayton with a Miranda warning. Clark stated
that, as far as he could recall, Clayton did not make any statement verbally
responding to the Miranda warning, but that he indicated through “body
language”—the exact nature of which is not apparent from the record—that
he did not wish to talk to the officers.
       As to the sufficiency of the probable cause supporting the warrant,
former Agent Clark testified that he had viewed surveillance video of
Clayton’s home and had observed activities he believed were consistent with
drug transactions. He also testified that he interviewed the confidential
informant who had implicated Clayton in drug trafficking and had seized 1.2
pounds of heroin from the informant.
       The Government also called Lieutenant James Cooper, who testified
that, after being detained, Clayton was brought to the Narcotics Office for
booking. Lieutenant Cooper explained that he had presented Clayton with a
notice of pending forfeiture detailing the items seized from the Mercedes and
had asked Clayton to verify the list. As part of that procedure, Lieutenant
Cooper asked Clayton whether the money and narcotics belonged to him.
Clayton responded by taking responsibility for all the property in the vehicle,
but he denied that he had trafficked drugs. Lieutenant Cooper testified that
he did not read Clayton his Miranda rights prior to this confession and stated
that he did not threaten or coerce Clayton into making the statement.




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                                 No. 23-30231


       Following the hearing, both parties filed briefs restating their
arguments. The district court issued a written order denying Clayton’s
motion to suppress. First, the district court determined that the search
warrant was supported by sufficient probable cause. Next, citing Bailey v.
United States, 

 (2013), the district court held that the Mercedes
was stopped within the “immediate vicinity” of Clayton’s residence, and
thus the warrant for Taylor’s home encompassed the search of the Mercedes.
Finally, the district court concluded that Taylor was properly provided a
Miranda warning.
       Following the denial of his motion to suppress, Clayton pleaded guilty
pursuant to a written agreement that would allow him to challenge the denial
of his motion to suppress on appeal. See Fed. R. Crim. P. 11(a)(2). He was
sentenced to 175 months of imprisonment, followed by five years of
supervised release. Clayton timely appealed.
                                      II.
       On appeal, Clayton challenges the denial of his motion to suppress on
two grounds. First, Clayton contends that officers conducted an
unconstitutional warrantless search of his Mercedes. Second, Clayton argues
that, after former Agent Clark read him his Miranda rights, he validly
asserted his right to remain silent by refusing to speak to former Agent Clark.
Thus, Clayton contends that Lieutenant Cooper, by questioning him at the
Narcotics Office, failed to “scrupulously” honor his invocation of his right
to remain silent, and that the district court erred by failing to suppress his
confession.
       Generally, “[w]hen reviewing a denial of a motion to suppress
evidence, we review factual findings for clear error and the ultimate
constitutionality of law enforcement action de novo.” United States v.
Scroggins, 

 (5th Cir. 2010). “Where, as here, the district




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                                     No. 23-30231


court heard live testimony, our review is particularly deferential.” United
States v. Mendez, 

 (5th Cir. 2018). And, in addition to
deferring to the district court’s factual findings, “the court must view the
evidence ‘most favorably to the party prevailing below, except where such a
view is inconsistent with the trial court’s findings or is clearly erroneous
considering the evidence as a whole.’” Scroggins, 

 (quoting
United States v. Shabazz, 

 (5th Cir. 1993)). “A finding is
clearly erroneous only if the court is left with a definite and firm conviction
that a mistake has been committed.” 

 Thus, we will uphold a district
court’s ruling “if there is any reasonable view of the evidence to support it.”
Mendez, 

 (internal quotation omitted).
        The Government concedes that this standard applies to Clayton’s
first argument that officers conducted an unconstitutional warrantless search
of his Mercedes. However, the Government argues that plain-error review
applies to Clayton’s second argument regarding his confession to Lieutenant
Cooper because “the basis for [Clayton’s] objection during trial [was]
different from the theory he now raises on appeal.” See United States v.
Green, 

 (5th Cir. 2003). As we discuss infra, Clayton’s
arguments fail under either standard. 3 See United States v. Pursley, 

 (5th Cir. 2022); United States v. Holguin-Hernandez, 

,
520 n.1 (5th Cir. 2020).




        _____________________
       3
           The Government also argues that Clayton’s appellate waiver bars this court’s
review of his Miranda claim. For the same reason, we do not reach this issue. See United
States v. Thompson, 

 (5th Cir. 2022).




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                                  No. 23-30231


                                      III.
                                       A.
        We begin with the search of Clayton’s Mercedes. The Fourth
Amendment guarantees individuals the right “to be secure in their persons,
houses, papers, and effects, against unreasonable searches and seizures.”
U.S. Const. amend. IV. “[O]fficial intrusion into that private sphere
generally qualifies as a search and requires a warrant supported by probable
cause.” United States v. Johnlouis, 

, 334–35 (5th Cir. 2022)
(quoting Carpenter v. United States, 

 (2018)). Therefore, a
warrantless search is presumptively unreasonable unless the circumstances
fall under an exception to the Fourth Amendment’s warrant requirement.
United States v. Guzman, 

, 245–46 (5th Cir. 2014). Evidence
seized in violation of the Constitution—such as evidence unlawfully obtained
without a warrant—is subject to suppression. See Hudson v. Michigan, 

 (2006). Here, Clayton argues that the search of the Mercedes
was improper because the vehicle was not “on the premises” to be searched,
and he was not stopped and detained within the “immediate vicinity” of his
home.
        In Michigan v. Summers, 

 (1981), the Supreme Court
held that a search warrant supported by probable cause “implicitly carries
with it the limited authority to detain the occupants of the premises while a
proper search is conducted.” The Court reasoned that three important law
enforcement interests, taken together, justify the detention of an occupant
who is on the premises during the execution of a search warrant: (1) officer
safety, (2) facilitating the completion of the search, and (3) preventing flight.

 at 702–03. In cases following Summers, this court extended Summers’s
logic to vehicle stops of suspects made during the execution of search
warrants. See, e.g., United States v. Cavazos, 

 (5th Cir.




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                                  No. 23-30231


2002) (finding that Summers extended to vehicle stop two blocks from
suspect’s home where suspect’s behavior justified detention).
       However, in Bailey v. United States, 

, 193–201 (2013), the
Supreme Court limited its holding in Summers, confining it only to the
“immediate vicinity of the premises to be searched.” 

. The Court
reasoned that “[o]nce an occupant is beyond the immediate vicinity of the
premises to be searched, the search-related law enforcement interests are
diminished and the intrusiveness of the detention is more severe.” 

.
       The Court specifically addressed each of the three important law
enforcement interests articulated in Summers. First, as to officer safety, the
Court reasoned that when a defendant leaves the premises without apparent
knowledge of the search, that defendant “pose[s] little risk to the officers at
the scene.” 

. While it is true that the suspect could return during
the execution of the warrant, or be alerted to the search by a third party,
“[u]nexpected arrivals by occupants or other persons accustomed to visiting
the premises might occur in many instances,” and “[o]fficers can and do
mitigate that risk . . . by taking routine precautions, for instance by erecting
barricades or posting someone on the perimeter or at the door.” 

 at 195–
96. And, even if a geographical constraint forces law enforcement officers to
“choose between detaining an individual immediately (and risk alerting
occupants still inside) or allowing the individual to leave (and risk not being
able to arrest him later if incriminating evidence were discovered),” that
“safety rationale rests on the false premise that a detention must take place.”

. “If the officers find that it would be dangerous to detain a departing
individual in front of a residence, they are not required to stop him. And,
where there are grounds to believe the departing occupant is dangerous, or
involved in criminal activity, police will generally not need Summers to detain
him,” as they can rely on other Fourth Amendment exceptions. 

 at 196–
97.



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                                  No. 23-30231


       Second, as to facilitating the completion of the search, the Court
reasoned that this rationale is based on assisting the actual effectuation of the
search on the premises. 

 197–98. Specifically, “[i]f occupants are
permitted to wander around the premises, there is the potential for
interference with the execution of the search warrant. They can hide or
destroy evidence, seek to distract the officers, or simply get in the way.” 

. However, “[t]hose risks are not presented by an occupant who departs
beforehand.” 

 And, to the idea that detention of occupants can assist
officers in, for example, opening locked doors or locked containers, the Court
held that “[t]his justification must be confined to those persons who are on
site and so in a position, when detained, to at once observe the progression of
the search.” 

. Otherwise, “it would have no limiting principle were
it to be applied to persons beyond the premises of the search.” 

       Third, as to flight prevention, the Court specifically explained that
“[t]he concern over flight is not because of the danger of flight itself but
because of the damage that potential flight can cause to the integrity of the
search.” 

. Were the flight prevention justification unbounded, “the
rationale . . . would justify, for instance, detaining a suspect who is 10 miles
away, ready to board a plane.” 

 Instead, the concern here is about
“preserv[ing] the integrity of the search by controlling those persons who are
on the scene” and preventing them from “leaving with the evidence being
sought [at the premises].” 

. Therefore, “[t]his interest does not
independently justify detention of an occupant beyond the immediate
vicinity of the premises to be searched.” 

.
       Finally, the Court was also concerned with the “additional level of
intrusiveness” that a public detention away from the home carries. 

.
“A public detention, even if merely incident to a search, will resemble a full-
fledged arrest,” and when the detention occurs beyond the “immediate
vicinity” of the home, it can involve “an initial detention away from the scene



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                                  No. 23-30231


and a second detention at the residence.” 

 “In between, the individual will
suffer the additional indignity of a compelled transfer back to the premises,
giving all the appearances of an arrest.” 

 As such, the Court confined the
Summers holding to “the immediate vicinity of a premises to be searched,”
and specifically overturned a Court of Appeals interpretation of Summers that
allowed detention of departed occupants “as soon as reasonably
practicable,” without consideration of spatial limits. 

 at 201–02.
       Since the Supreme Court decided Bailey in 2013, this court has not yet
had the opportunity to provide a more specific definition of “immediate
vicinity.” The Government contends that their stop of Clayton 250 yards
away from his home, and their subsequent transfer of Clayton back to the
premises to be searched, comported with Summers/Bailey, especially in light
of the fact that the officers would have stopped Clayton sooner had another
car not blocked the officers from effectuating the stop. Clayton, by contrast,
argues that 250 yards was too remote from his home as contemplated by
Bailey, and that none of the important law enforcement interests discussed in
Summers/Bailey were implicated in his stop.
       Be that as it may, we do not, and need not, decide this question today.
We may affirm a suppression ruling on any basis supported by the record. See
United States v. McSween, 

, 687 n.3 (5th Cir. 1995). Pursuant to
the automobile exception to the Fourth Amendment, a warrantless search of
a readily mobile vehicle is permitted when law enforcement has probable
cause to believe the vehicle contains contraband or evidence of a crime. See
Rountree v. Lopinto, 

 (5th Cir. 2020); United States v. Fields,

 (5th Cir. 2006); California v. Acevedo, 

(1991). A law enforcement officer has “probable cause to conduct a search
when the facts available to [him] would warrant a [person] of reasonable
caution in the belief that contraband or evidence of a crime is present.”
Florida v. Harris, 

 (2013) (internal quotations omitted).



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                                  No. 23-30231


“The test for probable cause is not reducible to ‘precise definition or
quantification.’” 

 (quoting Maryland v. Pringle, 

 (2003)).
Rather, a showing of probable cause requires only “the kind of ‘fair
probability’ on which ‘reasonable and prudent [people,] not legal
technicians, act.’” 

 at 244 (quoting Illinois v. Gates, 

(1983)). Probable cause is determined by examining the totality of the
circumstances. Fields, 

.
       The district court found that the search warrant for the home
contained sufficient probable cause, a conclusion that Clayton does not
challenge on appeal. Many of the same uncontroverted facts that established
probable cause to search the home for evidence of drug trafficking also apply
to the search of the Mercedes. Those facts include the confidential
informant’s specific, detailed statements about Clayton’s drug trafficking
activities; the seizure of heroin from the informant; the officers’ surveillance
of Clayton’s home and observation of activity suggestive of drug trafficking;
a video-recorded incident in which a known drug trafficker visited Clayton at
this home; and GPS tracking data on the Land Rover—a car that Clayton
also used—that showed Clayton’s mother repeatedly visiting multiple
pharmacies in Texas.
       In addition, the record indicates that Clayton frequently used his
driveway and carport—places where the Mercedes was often parked—to set
up narcotics transactions, including one transaction involving a person
wearing a Buffalo Wild Wings t-shirt, the same place that Clayton worked
and traveled to via both the Land Rover and Mercedes, and the same place
that Clayton was headed when he was stopped by law enforcement. While
Clayton argues that no officer actually watched him put drugs, money, or cell
phones into the Mercedes, and that some of the evidence in the record is
arguably somewhat speculative, under the totality of the circumstances—and
viewing the evidence in the light most favorable to the Government—we



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                                  No. 23-30231


hold that a reasonable person would have believed that evidence of drug
trafficking would be present in Clayton’s Mercedes at the time the stop was
effectuated. See Scroggins, 

. As a result, the police had
probable cause, the automobile exception applies, and officer’s search of
Clayton’s vehicle was not a violation of the Fourth Amendment. See Harris,
568 U.S. at 243–44. The district court did not err by denying Clayton’s
motion to suppress on these grounds.
                                      B.
       Having decided that the search of Clayton’s Mercedes was proper, we
move to the constitutionality of denying Clayton’s request to suppress his
confession to Lieutenant Cooper. Under the Fifth Amendment, no person
shall be “compelled in any criminal case to be a witness against himself.”
U.S. Const. amend. V. Accordingly, a suspect in custody “must be
warned prior to any questioning that he has the right to remain silent.”
Berghuis v. Thompkins, 

 (2010) (quoting Miranda, 

). If a suspect makes an incriminating statement during a custodial
interrogation prior to receiving his or her Miranda warnings, that statement
is generally inadmissible. Missouri v. Seibert, 

, 608–09
(2004). And, if a suspect invokes his Fifth Amendment right to silence, that
invocation must be “scrupulously honored.” Miranda, 

.
Here, the parties do not dispute that Clayton was in custody and was
subjected to an interrogation when he was questioned by former Agent Clark
and, later, Lieutenant Cooper.
       Clayton’s principal argument is that by asking questions that were
likely to elicit an incriminating response, Lieutenant Cooper did not
“scrupulously” honor Clayton’s invocation of his Fifth Amendment right to
silence. However, this argument presupposes that Clayton validly invoked
his right to remain silent by failing to verbally respond to Clark’s warning and




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                                      No. 23-30231


by indicating through body language that he did not wish to speak to officers.
In Berghuis v. Thompkins, the Supreme Court explained that a suspect’s
invocation of his right to remain silent must be unambiguous and
unequivocal. 560 U.S. at 380–82. If a suspect “makes no statement, the
police are not required to end the interrogation.” Id. at 381. Thus, in order to
properly exercise his right to remain silent and “cut off questioning,” a
suspect must either “say that he want[s] to remain silent or that he [does]
not want to talk with the police,” or make a similar “simple, unambiguous
statement[].” Id. at 382.
        Here, the record does not show that Clayton made a “simple,
unambiguous statement” invoking his right to remain silent. Rather, former
Agent Clark testified that Clayton indicated that he did not want to talk
“through body language,” and that he did not remember Clayton saying
“any words.” And, to the extent that Clayton did say anything to former
Agent Clark, the record does not support the contention that whatever was
said qualifies as an “unambiguous” and unequivocal invocation of the right
to silence. See Berghuis, 560 U.S. at 380–82. Therefore, Clayton failed to
properly invoke his Fifth Amendment right to silence, and we need not
consider Clayton’s argument that the officers failed to “scrupulously” honor
his assertion of that right. 4 The district court’s decision to deny Clayton’s
motion to suppress was proper.

        _____________________
        4
          To the extent that Clayton argues that Lieutenant Cooper was required to reissue
a Miranda warning to Clayton before questioning him at the station, his argument lacks
merit. Clayton does not cite any precedent in which this court required officers to reissue
Miranda warnings to an arrestee who did not properly invoke his or her rights, was
continually detained, and was questioned within a few hours of arrest. Moreover, this court
has “never held that a new recitation of rights is required with every break in
interrogation,” as it is “‘incomprehensible’ that over a three hour span[,] [a] defendant
[can go] from knowing and understanding the nature of his rights to forgetting them and
therefore making an unintelligent decision to speak to police,” absent coercion,




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                                     No. 23-30231


                                         IV.
        Finding no error in the district court’s denial of Clayton’s motion to
suppress, we AFFIRM.




       _____________________
intimidation, or deception. United States v. Cardenas, 

 (5th Cir. 2005)
(quoting Evans v. McCotter, 

 (5th Cir. 1986)).




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