States v. Garrett

106 F. App'x 423
CourtCourt of Appeals for the Sixth Circuit
DecidedAugust 11, 2004
DocketNo. 03-5939
StatusPublished
Cited by2 cases

This text of 106 F. App'x 423 (States v. Garrett) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
States v. Garrett, 106 F. App'x 423 (6th Cir. 2004).

Opinion

OPINION

MAYS, District Judge.

Daniel Lee Garrett pled guilty to violating 18 U.S.C. §§ 922(g)(1) and 924. His plea followed a suppression hearing at which the district court suppressed evidence found in a search of Garrett’s apartment but declined to suppress evidence found in Garrett’s car. Garrett’s guilty plea was conditional, Garrett having reserved the right to seek review of the decision not to suppress evidence found in his car. Garrett now appeals, claiming that the police officer who stopped him lacked reasonable suspicion to make the stop. For the reasons set forth below, we AFFIRM the judgment of the district court.

I. BACKGROUND

On September 17, 2001, two officers from the Gallatin, Tennessee Police Department accompanied the mother and grandfather of a thirteen-year-old girl to Garrett’s apartment. The grandfather was a Sumner County Sheriffs Deputy and had called for backup before going to the apartment to retrieve his granddaughter. Garrett invited the girl’s family members and the police officers inside, and a conversation ensued. The conversation concluded with the police officers telling Garrett that he was a victim of circumstance. The girl then left with her family, sometime in the afternoon, and was taken to a hospital. Around 7:00 p.m., the girl alleged that she and Garrett had sex while at his apartment. If true, Garrett had committed statutory rape.

Officer Hesson began investigating the alleged rape the night of September 17th. Hesson suspected that there might be evidence connected to the rape in Garrett’s apartment. Based on the testimony of the defendant and the actions of the police officers, the court concluded that the girl had also informed Officer Hesson that the defendant had drugs and/or guns in his car. Hesson continued his investigation into the early morning hours of September 18, 2001, but he did not seek a warrant that night. The next morning, Hesson requested that another officer observe Garrett’s apartment and monitor his activities until Hesson could arrive to conduct the surveillance himself. The district court concluded that Hesson’s decision could be explained only by his desire to follow Garrett once Garrett had entered his car and then conduct a traffic stop so that the officer could search for drugs and guns in Garrett’s car.

Officer Ballard began his surveillance of Garrett’s apartment at 8:00 a.m. on September 18th. At approximately 9:30 a.m., Garrett left his apartment building carrying at least one trash bag. Garrett went around the corner of the apartment build[425]*425ing to a dumpster and, when Ballard saw him next, Garrett’s hands were empty. Garrett went to a white Cadillac, which Ballard knew to be Garrett’s, and left the apartment building. Ballard informed Hesson of Garrett’s activities and Hesson instructed Ballard to follow Garrett. Hes-son testified that he believed Garrett might have disposed of evidence. Hesson became concerned that Garrett was attempting to flee when Ballard relayed that Garrett was on Hollow Pike Road, a route out of Gallatin. At that point, Garrett had traveled less than a mile. Hesson discussed the issue with his supervisor, who suggested a traffic stop of Garrett, although Garrett had apparently broken no traffic regulations.

Before Ballard could conduct a traffic stop, however, Garrett reached his destination on a dead-end street. Garrett was following his regular morning routine of visiting his one-year-old daughter and her mother, Tonya Law, before going to work. When Garrett pulled into Law’s driveway, Ballard pulled in behind him at an angle, preventing Garrett from leaving. Ballard was in an unmarked car, but turned on flashing blue-and-white lights for the dual purposes of indicating to Garrett that Ballard was a police officer and to warn other motorists that his car was still partially in the road. Garrett did not notice Ballard until both men had left their cars. Ballard showed Garrett his badge and indicated that Hesson wanted to speak with Garrett. Ballard indicated that Hesson would arrive shortly and asked Garrett to wait, which Garrett agreed to do. Hesson arrived approximately a minute later.

Garrett testified that Hesson told him the police stopped him because they had reason to believe that Garrett had guns or drugs in his car. Hesson then requested permission to search Garrett’s Cadillac and Garrett consented. During that search, Hesson found a box of ammunition in the glove compartment. Hesson knew at that point that Garrett was a convicted felon and that it was illegal for him to possess ammunition. When asked about the ammunition, Garrett stated that he had only recently purchased the Cadillac, had discovered the ammunition in the trunk while cleaning it, and had subsequently moved the ammunition to the glove box.

Having found only ammunition in the Cadillac, Hesson asked Garrett if Garrett owned another car. Garrett responded that he owned a Oldsmobile Cutlass and, upon request, granted Hesson permission to search that car. Hesson then told Garrett that they needed to go back to Garrett’s apartment. Garrett was not given the option of driving his own car back, but was placed in the back of a marked police cruiser. Nothing incriminating was found during the search of the Oldsmobile. The police also searched the dumpster Garrett had gone to earlier in the day. They found a bag that contained, in addition to normal waste items, a necklace that spelled out the name of the alleged rape victim and letters from the alleged victim to Garrett. After finding these items, Hesson asked the officer who had driven Garrett back to his apartment to get out of the cruiser.

Hesson told Garrett that he needed to search Garrett’s apartment and needed Garrett’s consent to do so. When Garrett did not respond, Hesson repeated the request. Garrett, who had been arrested numerous times before and was familiar with the criminal justice system, asked whether he was under arrest or free to leave. Hesson responded that Garrett was not under arrest but that he was not free to leave because he was “under investigation.” Hesson testified that, given his years of experience, he could tell that Gar[426]*426rett was uncomfortable with the potential search of the apartment. At that point, Hesson indicated that he was not interested in anything he might find in the apartment except evidence related to the alleged statutory rape. Although Garrett did not immediately respond, he eventually indicated that he had a gun under his mattress and some marijuana on his dresser. Hesson then had Garrett sign a consent to search the apartment. Hesson spent fifteen minutes alone with Garrett to obtain his consent. During that time, Garrett was locked in the back of a police cruiser and had been told he was not free to leave.

Upon entering the apartment, Hesson located the marijuana and the gun. He bagged those items and later testified that they were of interest in the rape investigation because he was interested in having charges placed against Garrett. Later that day, Garrett was charged as a felon in possession.

Garrett moved to suppress the evidence found in his apartment and his Cadillac, and the district court held hearings on December 12, 2002 and January 9, 2003.

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Bluebook (online)
106 F. App'x 423, Counsel Stack Legal Research, https://law.counselstack.com/opinion/states-v-garrett-ca6-2004.