United States v. Donald Bell, Jr.

343 F. App'x 72
CourtCourt of Appeals for the Sixth Circuit
DecidedAugust 20, 2009
Docket08-5397
StatusUnpublished

This text of 343 F. App'x 72 (United States v. Donald Bell, Jr.) 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. Donald Bell, Jr., 343 F. App'x 72 (6th Cir. 2009).

Opinion

JEROME FARRIS, Circuit Judge.

Following a guilty plea, the defendant Donald Bell appeals his conviction and sentence on the basis of the Fourth Amendment and Miranda.

I. Fourth Amendment

Under the Fourth Amendment, a person may be arrested without a warrant only on probable cause. Virginia v. Moore, 553 U.S. 164, 128 S.Ct. 1598, 170 L.Ed.2d 559 (2008). Bell claims the police lacked probable cause to arrest him. Probable cause is determined by looking to the totality of the circumstances. Illinois v. Gates, 462 U.S. 213, 230, 103 S.Ct. 2317, 76 L.Ed.2d 527 (1983). A sequence of events typical of a drug transaction, standing alone and viewed in the light most favorable to the government, may create probable cause. See United States v. Hughes, 898 F.2d 63, 64 (6th Cir.1990).

To secure drugs for a confidential informant to buy, Gregory Pécora made a phone call to his drug “source.” Bell arrived shortly thereafter. Upon his arrival, Pécora said “that’s him.” Pécora spent several minutes in Bell’s car while the confidential informant waited in Pecora’s detached garage. When Pécora returned to his garage, he produced and sold to the informant two ounces of crack cocaine. Meanwhile, Bell drove to an apartment complex, parked, and appeared to count money. Bell may be correct that these actions, taken individually, are plausibly consistent with innocent behavior, but the existence of plausible contrary interpretations does not defeat probable cause. See Brinegar v. United States, 338 U.S. 160, 175, 69 S.Ct. 1302, 93 L.Ed. 1879 (1949) (probable cause requires less than that necessary to secure a conviction). Under the totality of the circumstances, a prudent person could reasonably conclude that Bell had sold Pécora the crack cocaine.

Bell’s other arguments against probable cause are unpersuasive. That the DEA investigation focused on Pécora is irrelevant. The investigation revealed incriminating information about Bell. That the arresting officers never saw Bell at Pe-cora’s house, and acted on the basis of orders from others, is also irrelevant. The knowledge of all the police officers involved, not just the arresting officer, may be aggregated in determining whether probable cause exists. United States v. McManus, 560 F.2d 747, 749 (6th Cir. 1977).

Bell next claims that the police lacked reasonable suspicion to stop him. A police officer “may stop a person for investigative purposes where, considering the totality of the circumstances, the officers have a reasonable and objective basis for suspecting that particular person is engaged in criminal activity.” United States v. Williams, 962 F.2d 1218, 1223 (6th Cir.1992). The police had probable cause to arrest Bell prior to the stop. They therefore had a basis for reasonable suspicion.

Bell claims that the police search of his car violated the Fourth Amendment. *74 Under Arizona v. Gant, 556 U.S.-, 129 S.Ct. 1710, 173 L.Ed.2d 485 (2009), police may search the passenger compartment of a vehicle incident to a full custodial arrest of a recent occupant only if either (i) the arrestee is unsecured and still may gain access to the interior of the vehicle, or (ii) the police reasonably believe that evidence of the offense for which the person was arrested may be found in the vehicle. Id.

The police could reasonably believe that evidence of Bell’s drug offense was in the car. Bell had apparently sold the drugs inside the car, and had driven the car to and from the sale site. Under Gant’s second prong, the authority to search extends to containers in the passenger compartment if the police reasonably believe that evidence of the suspected crime may be found therein. Cf. United States v. Martin, 289 F.3d 392, 399 (6th Cir.2002). The police could reasonably believe that evidence of a drug deal would be found in the CD case. The search did not violate the Fourth Amendment.

II. Miranda

Bell also alleges a violation of his Miranda rights. After his arrest, Bell requested an attorney and was placed in a holding room at the DEA office. When one of the agents went to the room to retrieve him, the agent discovered that Bell had vanished. Bell then reappeared when two agents came into the room, having apparently just descended from the ceiling. The agents asked Bell what he was doing, and Bell replied that he was “up there looking around.” Bell now claims that the questioning of the agents violated his Miranda rights.

We review issues of Miranda violations de novo. United States v. Montano, 613 F.2d 147, 149 (6th Cir.1980). To interrogate a person in custody, Miranda warnings must be given. Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602,16 L.Ed.2d 694 (1967). Once a suspect invokes his right to remain silent or to counsel, the police must terminate the interrogation. McGraw v. Holland, 257 F.3d 513, 517-18 (6th Cir. 2001). Testimony elicited from further interrogation is inadmissible under Miranda. Edwards v. Arizona, 451 U.S. 477, 484-85, 101 S.Ct. 1880, 68 L.Ed.2d 378 (1981). Bell invoked his right to counsel.

However, police may interrogate in violation of Miranda where public safety so requires. New York v. Quarles, 467 U.S. 649, 659, 104 S.Ct. 2626, 81 L.Ed.2d 550 (1984). We have explained that “[t]he public safety exception applies “when officers have a reasonable belief based on articulable facts that they are in danger.’ ” United States v. Williams, 483 F.3d 425, 428 (6th Cir.2007) (quoting United States v. Talley, 275 F.3d 560, 563 (6th Cir.2001)). For an officer’s belief to be reasonable, “at minimum, he must have reason to believe (1) that the defendant might have (or recently have had) a weapon, and (2) that someone other than police might gain access to that weapon and inflict harm with it.” Id.

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Related

Brinegar v. United States
338 U.S. 160 (Supreme Court, 1949)
Miranda v. Arizona
384 U.S. 436 (Supreme Court, 1966)
Edwards v. Arizona
451 U.S. 477 (Supreme Court, 1981)
Illinois v. Gates
462 U.S. 213 (Supreme Court, 1983)
New York v. Quarles
467 U.S. 649 (Supreme Court, 1984)
Virginia v. Moore
553 U.S. 164 (Supreme Court, 2008)
Arizona v. Gant
556 U.S. 332 (Supreme Court, 2009)
United States v. Peter McManus
560 F.2d 747 (Sixth Circuit, 1977)
United States v. Arthuro Montano
613 F.2d 147 (Sixth Circuit, 1980)
United States v. Felicia Hughes
898 F.2d 63 (Sixth Circuit, 1990)
Tinajo May McGraw v. Joy Holland
257 F.3d 513 (Sixth Circuit, 2001)
United States v. Curtis Talley
275 F.3d 560 (Sixth Circuit, 2001)
United States v. Timothy Martin
289 F.3d 392 (Sixth Circuit, 2002)
United States v. Patrick Williams
483 F.3d 425 (Sixth Circuit, 2007)

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Bluebook (online)
343 F. App'x 72, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-donald-bell-jr-ca6-2009.