United States v. Antonio Rodriguez

485 F. App'x 16
CourtCourt of Appeals for the Sixth Circuit
DecidedJune 12, 2012
Docket10-1874
StatusUnpublished
Cited by3 cases

This text of 485 F. App'x 16 (United States v. Antonio Rodriguez) 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
United States v. Antonio Rodriguez, 485 F. App'x 16 (6th Cir. 2012).

Opinions

OPINION

PER CURIAM.

Antonio Rodriguez entered a conditional guilty plea to possession with intent to distribute five kilograms or more of cocaine and one kilogram or more of heroin, in violation of 21 U.S.C. § 841(a). He now appeals the denial of his motion to suppress. We affirm.

Michigan State Police Trooper Dennis Diggs, the sole witness at the suppression hearing, testified that on the morning of December 1, 2009, he was sitting in a marked police car on the median of 1-94, monitoring eastbound traffic. Rodriguez drove by in a Kia Sedona van, and Diggs noticed that when Rodriguez passed by the police car, he leaned back in his seat in an apparent attempt to hide behind the door post. Diggs pulled onto the interstate and began following Rodriguez, and eventually stopped him for driving too closely behind a semi-truck.

Rodriguez informed Diggs that he was traveling to his cousin’s bachelor party, which was on a Thursday night. Rodriguez did not know the date of his cousin’s wedding. Diggs directed Rodriguez to stand in front of the police car while Diggs sat in the police car and checked his license, registration, and insurance papers. After completing the record check, Diggs motioned Rodriguez to get into the back seat of the police car, at which point he returned his papers, told him that he would not be ticketed, and briefly advised him of the need to drive at a safe distance behind other vehicles. At the end of the discussion, Diggs told Rodriguez that he was “good to go.” Immediately after making that statement, however, Diggs said, “Let me ask you something,” and proceeded to ask Rodriguez additional questions about his travel plans, as well as questions about his arrest history and whether there was anything illegal in his van. After approximately four minutes of questioning, Diggs asked Rodriguez for permission to search his van, and Rodriguez consented. Ultimately, law enforcement officers recovered two kilograms of heroin and ten kilograms of cocaine from a hidden compartment in the van.

Rodriguez filed a motion to suppress, arguing that he was stopped without probable cause and that even if the initial stop was valid, he was illegally detained after the purpose of the stop was completed. After the district court denied the motion, Rodriguez entered a conditional guilty plea, reserving the right to appeal the denial of his suppression motion. The district court sentenced him to 120 months in prison, to be followed by five years of supervised release.

In an appeal of the denial of a motion to suppress, we review the district court’s factual findings for clear error and its legal conclusions de novo. United States v. Bell, 555 F.3d 535, 539 (6th Cir.2009). “When a district court has denied the motion to suppress, we must consider the evidence in the light most favorable to the government.” Id. (internal quotation marks omitted).

Rodriguez first argues that Diggs did not have probable cause to initiate the traffic stop. “A police officer may legally stop a car when he has probable cause to believe that a civil traffic violation has occurred.” United States v. Torres-Ramos, 536 F.3d 542, 550 (6th Cir.2008). [18]*18Diggs, whose testimony the district court found “highly credible,” testified that Rodriguez was driving too close to the semi-truck in front of him, a violation of Michigan Compiled Laws § 257.643(1). Rodriguez has not provided any “contradictory testimony” to show that he was not driving too close to the semi-truck. United States v. Garrido, 467 F.3d 971, 979 (6th Cir.2006) (citation omitted). Rather, he argues that the stop was unwarranted because he was neither speeding nor driving too slowly, he acted in a typical manner by pulling behind another vehicle after he noticed the police car behind him, and Diggs could not reasonably have thought that he was trying to hide behind the door post. At most, these arguments suggest that Diggs had an ulterior motive for the traffic stop, which is irrelevant to its legality. See id. at 977 (“A police officer may effect a traffic stop of any motorist for any traffic infraction, even if the officer’s true motive is to detect more extensive criminal conduct.” (quoting United States v. Townsend, 305 F.3d 537, 541 (6th Cir.2002))). In light of Diggs’s uncontested testimony that Rodriguez committed a traffic violation, we find no error in the district court’s determination that the initial traffic stop was lawful.

Rodriguez further argues that even if the traffic stop was justified, he was unlawfully detained after the completion of the stop. During the suppression hearing, Diggs testified that once he told Rodriguez that he was “good to go,” the purpose of the traffic stop was complete. It is well settled that once the purpose of the traffic stop is completed, a police officer “may not ‘further detain the vehicle or its occupants unless something that occurred during the traffic stop generated the necessary reasonable suspicion to justify a further detention.’ ” Torres-Ramos, 536 F.3d at 550 (quoting United States v. Blair, 524 F.3d 740, 752 (6th Cir.2008)); see also United States v. Hill, 195 F.3d 258, 264 (6th Cir.1999) (“Once the purpose of the traffic stop is completed, a motorist cannot be further detained unless something that occurred during the stop caused the officer to have a reasonable and articulable suspicion that criminal activity was afoot.”) (citations omitted), cert. denied, 528 U.S. 1176, 120 S.Ct. 1207, 145 L.Ed.2d 1110 (2000). However, the district court concluded that Rodriguez was not detained because a reasonable person would have believed that he was free to go after being told that he was “good to go.”

As a general matter, a police officer does not violate the Fourth Amendment by asking an individual questions after the initial traffic stop has ended. United States v. Branch, 537 F.3d 582, 588 (6th Cir.2008) (citing United States v. Erwin, 155 F.3d 818, 823 (6th Cir.1998)) (en banc) (noting that an “officer does not violate the Fourth Amendment merely by approaching an individual, even when there is no reasonable suspicion that a crime has been committed, and asking him whether he is willing to answer some questions.”). Instead, “[o]nly when the officer, by means of physical force or show of authority, has in some way restrained the liberty of a citizen may we conclude that a ‘seizure’ has occurred.” Terry v. Ohio, 392 U.S. 1, 19 n. 16, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968). Therefore, “law enforcement officers may ask citizens ‘general questions without having any reasonable suspicion of criminal activity, so long as the officers refrain from the type of intimidating behavior that would lead a reasonable person to believe that the person was not free to leave.’ ” United States v. Davis, 514 F.3d 596, 607 (6th Cir.2008) (quoting United States v. Waldon, 206 F.3d 597, 603 (6th Cir.2000)).

[19]*19For example, in United States v. Richardson,

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Bluebook (online)
485 F. App'x 16, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-antonio-rodriguez-ca6-2012.