United States v. Mohamed Belakhdhar
Opinion
After observing Mohamed Belakhdhar driving in tandem with a car suspected of *926 transporting heroin from Chicago to Detroit, Drug Enforcement Administration agents directed local police to stop his car. That stop ultimately led investigators to discover two kilograms of heroin hidden in Belakhdhar's trunk. Before trial, Belakhdhar asked the district court to suppress the drug evidence, asserting that the police violated his Fourth Amendment rights in stopping his vehicle. Although the district court agreed, we see things differently.
I.
On a cold, windy, and drizzly morning in January 2018, Drug Enforcement Administration (DEA) agents laid in wait along a stretch of Interstate 94, looking for a black Toyota Camry. The previous evening, agents had arranged for a known confidential informant to purchase heroin from a supplier named Henry Soto. Soto agreed to drive the shipment from Chicago to Detroit the following day and meet the informant at a casino downtown. The informant alerted DEA agents that Soto would probably drive his Camry, stashing the drugs in a large bucket in his car. That same evening, federal agents obtained a "ping" warrant permitting them to track the location of Soto's cell phone.
Morning arrived. Agents spotted Soto's Camry on the busy highway, matching it to the location of Soto's cell phone. Their confidential informant called Soto, confirming that Soto had already hit the road. As agents watched Soto's vehicle, they also noticed a grey Toyota RAV4 behind it, driving at approximately the same speed as the Camry and changing lanes at the same time. Like the Camry, the RAV4 bore Illinois plates, though the RAV4's were temporary. After observing all this, the agents concluded that the cars were traveling "in tandem"-a common practice of large-scale drug traffickers gathering counter-surveillance or looking to thwart law enforcement during the trip-and asked Michigan State Police to pull over both cars.
While one Michigan trooper stopped the Camry, another identified the RAV4, driving up alongside it for a few minutes to "make sure it was the correct vehicle." R. 29, PageID 123. As the second trooper pulled up next to the RAV4, the car slowed to fifty-three miles per hour, two miles under the freeway's minimum speed limit. Satisfied that he had the right car, the trooper positioned himself behind the RAV4, turned on his lights, and effectuated a stop.
The RAV4's driver, Mohamed Belakhdhar, and his passenger provided the police with their identification, explaining that they were driving to visit someone in the hospital. Belakhdhar consented to a search of the car, and, after failing to find any contraband, the trooper let them go.
But the DEA agents didn't stop surveilling the vehicle. They investigated Belakhdhar's identification information, determined that Belakhdhar lacked legal immigration status, and requested that a Border Patrol agent stop the car again. During that second stop, another agent walked a drug dog around the vehicle. The dog alerted to the back bumper. Opening the trunk, the agents discovered two kilograms of heroin hidden inside of a microwave, and arrested Belakhdhar.
Charged with conspiracy for possession and intent to distribute heroin under
II.
When a district court grants a motion to suppress, we review its legal conclusions de novo and its factual findings for clear error, viewing the evidence in the light most likely to support the district court's decision-that is, in the defendant's favor.
United States v. Bailey
,
Establishing reasonable suspicion under
Terry v. Ohio
,
As an initial matter, this court must determine whether it is reviewing a factual or legal conclusion. What ground did the district court's opinion cover? Did it determine that the government's testimony did not establish that the Camry and RAV4 were driving in tandem, or did it conclude that even if the two cars were driving in tandem, that alone could not establish reasonable suspicion of drug activity?
The answer is not clear. In support of the first interpretation, the district court specifically noted that DEA agents observed Belakhdhar's vehicle changing lanes with the Camry "for an unspecified period of time," and that the government's assertion that the vehicles were traveling in tandem for twenty minutes had no support in the record. R. 28, PageID 87. It also stated that "Belakhdhar's 'mere propinquity' to Henry Soto on I-94 'does not, without more, give rise to probable cause' or reasonable suspicion."
The parties have presented the issue purely as a legal one. We therefore confine our opinion to addressing only whether driving in tandem with a vehicle suspected of drug trafficking satisfies reasonable suspicion. We leave for another day the question of what quantum of evidence supports finding that two cars are driving in tandem.
Reviewing courts "must look at the 'totality of the circumstances' of each case to see whether the detaining officer has a 'particularized and objective basis' for suspecting legal wrongdoing."
United States v. Arvizu
,
Belakhdhar and the district court rely on one of our unpublished cases,
United States v. Carrillo-Alvardo
,
Assuming sufficient evidence of tandem driving, this case would fundamentally present the same narrative: DEA agents identify one vehicle likely carrying drugs and suspect that a second vehicle is working in concert with the first.
See also
United States v. Zamudio-Carrillo
,
III.
We VACATE the district court's decision and REMAND for proceedings consistent with this opinion.
Reference
- Full Case Name
- UNITED STATES of America, Plaintiff-Appellant, v. Mohamed BELAKHDHAR, Defendant-Appellee.
- Cited By
- 8 cases
- Status
- Published