United States v. Cartez Lamar Cook

842 F.3d 597, 2016 U.S. App. LEXIS 20911, 2016 WL 6872058
CourtCourt of Appeals for the Eighth Circuit
DecidedNovember 22, 2016
Docket15-3651
StatusPublished
Cited by11 cases

This text of 842 F.3d 597 (United States v. Cartez Lamar Cook) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth 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. Cartez Lamar Cook, 842 F.3d 597, 2016 U.S. App. LEXIS 20911, 2016 WL 6872058 (8th Cir. 2016).

Opinion

MURPHY, Circuit Judge.

Cartez Lamar Cook was convicted by a jury of one count of being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1). The district court 1 sentenced Cook to 120 months imprisonment. Cook appeals, and we affirm.

I.

In the early morning hours of November 25, 2013, police officers were on routine patrol duty when they spotted an idling car in a high crime area of south Minneapolis. The officers could not immediately determine whether the. vehicle was occupied, Worried that, an idling vehicle could be taken by. an opportunistic thief, the officers decided to check on it by circling around the block. As the officers approached the vehicle a second time, they could tell that it was occupied by two people.

The officers decided to make contact with the occupants of the idling car. They parked behind it and then activated the “wig wag” setting for the patrol car’s emergency lights, which produces a distinctive pattern. As they approached the idling car, appellant Cook rolled down the window next to the driver seat. The officers were able to smell marijuana and decided to take Cook into custody, so he was removed from- the vehicle and handcuffed. While the officers attended to another passenger, Cook fled. He was apprehended several blocks away and arrested.

When officers looked in the vehicle Cook had been in at their first contact, they saw marijuana and crack cocaine in the back seat. They towed and impounded the car that night. Subsequently the officers obtained a warrant, searched the vehicle, and uncovered a firearm hidden in the vehicle’s center console. Analysis revealed that DNA on that' gun was consistent with Cook’s DNA, but not that of 99.6% of the general population including the other passenger. Ballistics testing also connected the gun to the death of Derek Holt, a man killed three days before Cook’s encounter with the police. At the time of Cook’s arrest, he had already been identified by police as a person of interest in Holt’s death.

Cook was indicted on one count of being a-felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1). Cook was convicted following a jury trial and sentenced by the district court to 120 months .imprisonment. Cook appeals.

II.

Cook argues that the district *600 court 2 erred by denying his pretrial motion to suppress the firearm as the fruit of an illegal seizure. When reviewing the denial of a suppression motion, a district court’s findings of fact are examined for clear error and its conclusions of law are reviewed de novo. United States v. Castellanos, 608 F.3d 1010, 1015 (8th Cir. 2010). Since there is no dispute about the relevant facts, we give de novo consideration to Cook’s arguments regarding the constitutionality of the officers’ actions.

It is well settled that not all interactions between law enforcement officers and citizens amount to seizures under the Fourth Amendment. See United States v. Barry, 394 F.3d 1070, 1074 (8th Cir. 2005). Even without a basis for suspecting a person of committing a crime, officers may “generally ask questions of that individual” and “ask to examine the individual’s identification,” so long as “the police do not convey a message that compliance with their requests is required.” Florida v. Bostick, 501 U.S. 429, 434-35, 111 S.Ct. 2382, 115 L.Ed.2d 389 (1991). For an officer’s behavior to rise to the level of a Fourth Amendment seizure, the officer must use “physical force or [a] show of authority” to restrain a citizen’s liberty. See Terry v. Ohio, 392 U.S. 1, 19 n.16, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968). The crucial question is whether an officer’s actions would “have communicated to a reasonable person that he was not at liberty to ignore the police presence and go about his business.” Bostick, 501 U.S. at 437, 111 S.Ct. 2382 (quoting Michigan v. Chesternut, 486 U.S. 567, 569, 108 S.Ct. 1975, 100 L.Ed.2d 565 (1988)).

In United States v. Barry, we held that a police officer approaching a parked car does not necessarily effect a seizure for Fourth Amendment purposes. 394 F.3d at 1075. In Barry, an officer on patrol late at night noticed a car parked in an alley behind a shopping mall. Id at 1072. The officer decided to investigate and parked his vehicle in front of the car. Id. The officer then approached the vehicle while shining his flashlight on his uniform and keeping a hand on his holstered gun. Id. The officer knocked on the passenger side window twice without receiving a response, but on the third knock a person inside the car rolled the window down. Id. The officer smelled marijuana inside the car, which he determined was adequate grounds to detain the car’s occupants. H.

We concluded in Barry that the occupants. of the vehicle had not been seized until they were asked to exit their vehicle. See id. at 1075. More specifically, we determined that the officer’s actions in approaching the parked car, shining a light on his uniform, keeping a hand on his holstered gun, and knocking on the passenger side window “did not amount to a show of authority such that a reasonable person would believe he was not at liberty to ignore [the officer’s] presence and go about his business.” Id.

The facts in the present case are not meaningfully different from the facts in Barry, and for substantially the same reasons we conclude there was no Fourth Amendment seizure here until the officers removed Cook from the idling car. This seizure permissibly came after the officers had detected the odor of marijuana coming from Cook’s voluntarily opened window. As in Barry, our conclusion that there was no seizure before that point is informed by the fact that (1) the car Cook was in was parked when the officers decided to inves *601 tigate, (2) the interaction between Cook and the officers took- place late at night in a high crime area, and (3) there is no indication the officers ordered Cook to roll down his window or engage with them in any way.

We also note that the wig wag lights activated by the officers are different from the full light bar which is used to notify motorists in moving vehicles that they are required to stop. See United States v. Dockter, 58 F.3d 1284, 1287 (8th Cir. 1995) (no seizure where police officer pulled behind a parked car and “activated his amber warning lights”); cf. Barry, 394 F.3d at 1075 (suggesting that activation of full “emergency lights” could be a show of authority sufficient to be a seizure under the Fourth Amendment). Here, officers activated' the wig wag lights in order to identify themselves as police for the safety of all parties involved.

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Bluebook (online)
842 F.3d 597, 2016 U.S. App. LEXIS 20911, 2016 WL 6872058, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-cartez-lamar-cook-ca8-2016.