United States v. Charles Williams, Jr.

808 F.3d 238, 2015 WL 8598561
CourtCourt of Appeals for the Fourth Circuit
DecidedDecember 14, 2015
Docket14-4049
StatusPublished
Cited by88 cases

This text of 808 F.3d 238 (United States v. Charles Williams, Jr.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth 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. Charles Williams, Jr., 808 F.3d 238, 2015 WL 8598561 (4th Cir. 2015).

Opinion

Vacated and remanded by published opinion. Judge KING wrote the opinion, in which Judge KEENAN and Judge FLOYD joined.

KING, Circuit Judge:

Charles Williams, Jr., was convicted and sentenced in the Middle District of North Carolina for possessing with intent to distribute crack cocaine. In this appeal, Williams pursues a single contention — that the district court erred by denying his motion to suppress evidence seized during a traffic stop on Interstate 85. During that stop, a deputy sheriff issued Williams a written warning, and Williams thereafter refused to consent to a vehicle search. The police then conducted a dog sniff of the car and seized crack cocaine from it. Williams maintains that extending the traffic stop for the dog sniff contravened the Fourth Amendment and that the crack cocaine should have been suppressed. As explained below, we vacate and remand.

I.

A.

While traveling by rental car through central North Carolina in the early hours *241 of February 13, 2012, Williams and his girlfriend Elisabeth MaeMullen were stopped for speeding by a deputy sheriff. After the deputy issued Williams a written warning and returned his documentation, another deputy conducted a dog sniff of the rental vehicle. The dog alerted, and the ensuing search revealed crack cocaine in the vehicle’s trunk. Williams and Mac-Mullen (together, the “Defendants”) were then arrested.

Five months thereafter, on July 30, 2012, the federal grand jury in Greensboro indicted the Defendants for possessing with intent to distribute crack cocaine, in violation of 21 U.S.C. § 841(a)(1). The Defendants moved separately to suppress the seized evidence and, on November 20, 2012, the district court conducted an evidentiary hearing (the “initial hearing”). At the initial hearing, the prosecution presented the testimony of the deputies, Justin Russell and Jerry Soles, as well as a video of the traffic stop that was recorded from Russell’s patrol car (the “Russell Video”). By its December 11, 2012 memorandum opinion, the court denied the motions to suppress. See United States v. Williams, No. 1:12-cr-00264 (M.D.N.C. Dec. 11, 2012), ECF No. 27 (the “First Opinion”).

About three months later, the government produced a second video of the traffic stop, which had been recorded from Deputy Soles’s patrol car (the “Soles Video”). The Soles Video directly contradicted an important aspect of the prosecution’s evidence at the initial hearing. The Defendants thus sought reconsideration of the suppression denial, asserting that the Soles Video undermined the First Opinion. On March 21, 2013, the court conducted a second evidentiary hearing (the “reconsideration hearing”). Deputies Russell and Soles again testified and, on April 9, 2013, the court issued a new opinion, declining again to suppress the evidence. See United States v. Williams, No. 1:12-cr-00264 (M.D.N.C. Apr. 9, 2013), ECF No. 45 (the “Superseding Opinion”).

On April 17, 2013, a jury convicted Williams of the offense charged, but acquitted MaeMullen. On January 10, 2014, the district court sentenced Williams to eighty-four months in prison. Williams timely noticed this appeal, and we possess jurisdiction pursuant to 28 U.S.C. § 1291.

B.

1.

The pertinent facts are for the most part undisputed. As spelled out herein, they are drawn from the First Opinion, the Superseding Opinion, and other aspects of the record.

Deputies Russell and Soles were separately patrolling 1-85 near Lexington, North Carolina, during the early hours of February 13, 2012. Just after midnight, Soles observed two cars speeding southbound and traveling close together. At about 12:37 a.m., Soles stopped fhe lead vehicle, driven by Williams’s brother, and Russell stopped the second vehicle, a Hyundai rental car driven by Williams with MaeMullen as the passenger. 1

After stopping the Hyundai, Deputy Russell informed Williams that he was going 80 mph in a 70-mph zone and requested his driver’s license and vehicle registration. Williams then provided a New York license and the rental agreement. The agreement reflected that MaeMullen had rented the Hyundai from Hertz in Totowa, New Jersey, on February 10, 2012. According to the agreement, the car was to *242 be returned there by 2:30 p.m. on February 13, 2012 (that afternoon). Russell requested that Williams exit the Hyundai and sit in his patrol car while he checked Williams’s documents. Williams did so, and MacMullen remained in the Hyundai.

Inside the patrol car, Deputy Russell engaged Williams in conversation as the license check was conducted. Williams related that he and MacMullen had stopped at his mother’s home in Virginia Beach and were traveling to Charlotte — about sixty miles southwest of the traffic stop on 1-85 — to visit his brother for a couple of days. Russell thought he smelled alcohol and asked Williams if he had been drinking. In response, Williams said he had consumed a beer with supper. Russell then asked Deputy Soles, who had stopped the lead vehicle less than 100 yards away, to administer a breathalyzer test to Williams. As a result, Soles cut short his traffic stop of the lead vehicle, gave Williams’s brother a verbal warning, and went to assist Russell. At approximately 12:45 a.m., Soles moved his patrol car, containing the drug dog Dakota, to a point along the shoulder of 1-85 behind Russell’s patrol car. Arriving at Russell’s patrol car, Soles greeted Williams through the open front-passenger-side window at about 12:46 a.m. Soles administered the breathalyzer test as Williams sat in Russell’s patrol car.

Deputy Russell then approached the Hyundai to speak with MacMullen. Russell asked MacMullen about Williams’s alcohol consumption and the couple’s travel plans. She responded that Williams had had very little to drink and that they were on their way to Charlotte. Russell asked why they were going to Charlotte, and MacMullen responded, “I don’t know, we are just on vacation.” See First Opinion 4.

Back at Deputy Russell’s patrol car, Deputy Soles continued to talk with Williams while awaiting the results of the breathalyzer test. Williams told Soles that he was on vacation and was going to visit his brother in Charlotte. He also told Soles that the driver of the lead vehicle was his brother and that the two vehicles were traveling together. At the initial hearing, Soles testified that Williams’s statement contradicted the driver of the lead vehicle, who had told Soles that “he wasn’t traveling with anybody.” See J.A. 75. 2

When Deputy Russell returned to his patrol car, Deputy Soles informed him that Williams had passed the breathalyzer test. While Soles listened, Russell advised Williams that he had passed the test and would receive a written warning for speeding.

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Cite This Page — Counsel Stack

Bluebook (online)
808 F.3d 238, 2015 WL 8598561, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-charles-williams-jr-ca4-2015.