United States v. Coleman

603 F.3d 496, 2010 U.S. App. LEXIS 8758, 2010 WL 1687770
CourtCourt of Appeals for the Eighth Circuit
DecidedApril 28, 2010
Docket09-2389
StatusPublished
Cited by12 cases

This text of 603 F.3d 496 (United States v. Coleman) 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. Coleman, 603 F.3d 496, 2010 U.S. App. LEXIS 8758, 2010 WL 1687770 (8th Cir. 2010).

Opinions

GOLDBERG, Judge.

Defendant-Appellant John Coleman (“Coleman” or “defendant”) was convicted of possession of cocaine and ecstasy with intent to distribute, possession of a firearm in furtherance of drug trafficking, and felon in possession of firearms and ammunition. He appeals the district court’s2 ruling denying his motion to suppress and the judgments and sentences entered against him following a trial by jury. We affirm.

Coleman was arrested when officers of the Des Moines Police Department stopped a vehicle for an alleged traffic violation. Coleman was sitting in the front seat passenger side of the vehicle. During questioning, Coleman provided false information to the officers. He was removed from the car and arrested. A 9 millimeter magazine was discovered on Coleman. A loaded Ruger 9 millimeter handgun, cocaine and ecstasy tablets were discovered in the glove box in front of Coleman’s seat. A loaded Taurus .40 caliber handgun and a loaded magazine were discovered behind Coleman’s seat.

Coleman proceeded to trial and the jury rendered a guilty verdict on all four charged counts. Coleman was sentenced to a total of 300 months’ imprisonment.

II. Discussion

A. The stop of the vehicle in which the defendant was a passenger was lawful.

Coleman filed a motion to suppress, asserting that the vehicle stop was unlawful. The district court denied the motion, finding that although the officers did not have authority to stop the vehicle based on the citation issued for stopping in the traveled portion of a roadway, the officers had probable cause to stop the vehicle based on a double-parking violation. The district court also upheld the vehicle stop based on reasonable suspicion that the occupants were involved in a drug transaction.

On appeal, Coleman argues that the district court erred in denying his motion because his arrest and the evidence against him were the products of an illegal vehicle stop. This Court reviews the factual findings underlying a district court’s [499]*499ruling on a motion to suppress for clear error and its conclusions of law de novo. United States v. Luken, 560 F.3d 741, 744 (8th Cir.2009).

This Court has held numerous times that “any traffic violation, regardless of its perceived severity, provides an officer with probable cause to stop the driver.” United States v. Jones, 275 F.3d 673, 680 (8th Cir.2001) (emphasis original); see also United States v. Pereira-Munoz, 59 F.3d 788, 791 (8th Cir.1995); United States v. Bloomfield, 40 F.3d 910, 915 (8th Cir. 1994). Here, the arresting officer believed he saw two traffic violations before initiating the stop: 1) violation of state law prohibiting stopping in the traveled portion of the roadway under Iowa Code § 321.354; and 2) violation of a city ordinance prohibiting double parking under Des Moines, Iowa, Mun.Code, ch. 114, art. VIII, § 114-358(a)(9). The government concedes that Coleman was not guilty of the first alleged traffic violation because of a statutory exception for business and residential areas. See Iowa Code § 321.354.

Regardless of the validity of a stop based on Iowa Code § 321.354, we agree with the district court that the stop was lawful because of the officer’s observation of a traffic violation for double parking. See Des Moines, Iowa, Mun.Code, ch. 114, art. VIII, § 114-358(a)(9) (prohibiting stopping or parking a vehicle “on the roadway side of any vehicle stopped or parked at the edge or curb of a street”). The record indicates that the vehicle in which Coleman was a passenger violated this ordinance. Nevertheless, Coleman argues that the government failed to introduce evidence to establish a prima facie violation of the double parking ordinance because the testifying officer never specifically testified that Coleman’s vehicle was in fact stopped or parked next to any other parked vehicle. However, the officer testified that stopping in the middle of the street next to a vehicle already stopped on the curbside violates the city’s double parking ordinance and that Coleman’s vehicle was in fact stopped in the middle of a street with parked cars on both sides, blocking traffic from a nearby intersection. Although a minor infraction, the officer described his observation of a traffic violation. The stop was thereby lawful because the violation gave the officers probable cause to effectuate a traffic stop on the vehicle. See Jones, 275 F.3d at 680.

Moreover, a vehicle stop is lawful based upon reasonable suspicion of criminal activity. See United States v. Mora-Higuera, 269 F.3d 905, 909 (8th Cir.2001) (“an investigative stop of a vehicle does not violate the Fourth Amendment if the police have reasonable suspicion that the vehicle or its occupants are involved in criminal activity.”) (citation omitted); Terry v. Ohio, 392 U.S. 1, 25-31, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968). A stop based on reasonable suspicion must be supported by specific and articulable facts. United States v. Hughes, 517 F.3d 1013, 1016 (8th Cir.2008). In determining whether an officer had a “particularized and objective basis for suspecting legal wrongdoing,” reviewing courts must look at the totality of the circumstances, allowing officers to draw on their experience and training. United States v. Arvizu, 534 U.S. 266, 273, 122 S.Ct. 744, 151 L.Ed.2d 740 (2002). “Factors consistent with innocent travel, when taken together, can give rise to reasonable suspicion, even though some travelers exhibiting those factors will be innocent.” United States v. Carpenter, 462 F.3d 981, 986 (8th Cir.2006). Although reasonable suspicion must be more than a “hunch,” the Fourth Amendment only requires an officer to articulate “some, minimal objective justification for an investiga[500]*500tory stop.” United States v. Fuse, 391 F.3d 924, 929 (8th Cir.2004).

Our review of the record convinces us the officers had reasonable suspicion of illegal activity sufficient to warrant the stop. The officers saw a car stopped illegally and blocking traffic in an area known for drug trafficking. The car had Illinois plates. Officer testimony stated that Illinois was the prime source state for cocaine in the Des Moines area and that an out-of-state licence plate can be indicative that the vehicle is a rental being used for drug trafficking to make detection and identifying the occupants more difficult.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Beck v. United States
E.D. Missouri, 2020
State v. Thunder
Nebraska Court of Appeals, 2017
United States v. Black
104 F. Supp. 3d 997 (W.D. Missouri, 2015)
United States v. Reginald Farmer
564 F. App'x 271 (Eighth Circuit, 2014)
John Coleman v. United States
750 F.3d 734 (Eighth Circuit, 2014)
United States v. Viengxay Chantharath
705 F.3d 295 (Eighth Circuit, 2013)
Close v. United States
679 F.3d 714 (Eighth Circuit, 2012)
United States v. Vanover
630 F.3d 1108 (Eighth Circuit, 2011)
United States v. McGinnis
384 F. App'x 794 (Tenth Circuit, 2010)
United States v. Coleman
603 F.3d 496 (Eighth Circuit, 2010)

Cite This Page — Counsel Stack

Bluebook (online)
603 F.3d 496, 2010 U.S. App. LEXIS 8758, 2010 WL 1687770, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-coleman-ca8-2010.