United States v. Hargett

58 F. App'x 942
CourtCourt of Appeals for the Third Circuit
DecidedFebruary 21, 2003
Docket02-1871
StatusUnpublished
Cited by1 cases

This text of 58 F. App'x 942 (United States v. Hargett) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third 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. Hargett, 58 F. App'x 942 (3d Cir. 2003).

Opinion

OPINION OF THE COURT

RENDELL, Circuit Judge.

Cody Hargett was convicted of one count of possession of crack cocaine with intent to distribute and one count of carrying a firearm during and in relation to a drug trafficking crime Hargett appeals the District Court’s denial of his suppression motion, challenges the sufficiency of the evidence, and contends that the District Court erred in refusing to admit “reverse 404(b)” evidence.

The relevant facts were developed at the suppression hearing and again at trial. Hargett was a passenger in a car, seated in the back seat behind the driver’s seat, when the police made a routine traffic stop of the vehicle because the driver had failed to use a turn signal for three left-hand turns. When the police learned that the license of the driver, McCray, had been suspended, and decided to have the car towed, McCray exited the vehicle, as did another passenger, Noon, who was sitting in the right front passenger seat.

*944 Hargett remained in the back seat. One of the officers, Officer Haymaker, stuck his head into the vehicle and asked Hargett if he had any identification. Hargett responded that he had none. Haymaker testified that when he asked Hargett for his name, Hargett made a facial expression as if “he was actually thinking about what to tell” him. Haymaker also noted that Hargett kept his knees together so that Haymaker could not see the floor of the vehicle. Hargett indicated that his name was Michael Foster and that he was born on December 25, 1976. He also said that he was from Philadelphia and was visiting a girl named Heather, whose last name, address and phone number he did not know. Haymaker then told Hargett he should get out of the vehicle because it was going to be towed. In the meantime, Hay-maker had learned that there was no record of a person with the name and date of birth that Hargett had given.

While they were standing outside the car, Haymaker asked Hargett to take his hands out of his front pants pockets. Hargett initially complied, but then kept putting his hands back into his pockets. Hay-maker advised Hargett that he was going to pat him down for weapons and instructed him to put his hands on the car. During the patdown, Haymaker felt a bulge and was advised by Hargett that it was Xanax, a controlled substance, and that he had no prescription for Xanax. Haymaker then placed Hargett under arrest and removed the baggie containing the drug from Hargett’s pocket. It contained three blue-colored pills. Hargett was also in possession of $533 in cash, in various denominations, while the other occupants of the vehicle had no more than $5 in their possession.

McCray then gave Haymaker permission to search the vehicle; in the left rear passenger area Haymaker found a plastic bag that contained 24 rocks of crack cocaine as well as a large baggie of uncut crack cocaine. Haymaker then found a .380 Bryco handgun, loaded with seven rounds in the clip, in plain view on the rear floor of the vehicle behind the driver’s seat. The barrel of the weapon was facing in the direction of the front of the vehicle and the grip was in the direction of the person sitting in the back of the vehicle.

The District Court has subject matter jurisdiction pursuant to 18 U.S.C. § 3231, and our jurisdiction is founded upon 28 U.S.C. § 1291.

I.

Hargett urges that the officers did not have reasonable suspicion or probable cause to detain him after the traffic citation was issued to McCray, the driver of the car. He urges that the stop was transformed into an illegal stop because it was extended beyond its initial purpose without legal cause, and that he was “effectively arrested” without probable cause to believe that he was committing criminal activity. Thus, because of this illegal detention, which led to the search, the search was illegal and the contraband, as fruit of the poisonous tree, should have been suppressed.

The District Court concluded that Hargett’s conduct “quite reasonably put Haymaker on alert.” (App. 10) After Hargett kept putting his hands in his pockets, Haymaker told the defendant he was making him nervous. The District Court held that the protective search was properly confined in scope, “to an intrusion reasonably designed to discover guns, knives, clubs, or other hidden instruments for the assault of the police officer.” (Citing Terry v. Ohio, 392 U.S. 1, 29, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968)).

*945 The District Court also determined that Hargett was temporarily detained pursuant to a Terry stop and, as such, was not “in custody” for purposes of Miranda. (Citing Berkemer v. McCarty, 468 U.S. 420, 442, 104 S.Ct. 3138, 82 L.Ed.2d 317 (1984)). The District Court noted that the “safeguards prescribed by Miranda become applicable as soon as a suspect’s freedom of action is curtailed to a degree associated with formal arrest.” Id. at 440. The District Court ruled that there was no arrest and, therefore, neither the statements uttered during the patdown search nor the baggie obtained as a result of the search would be suppressed.

The District Court’s rulings were made after hearing extensive testimony, and consisted of conclusions of law appropriately drawn from facts found from the evidence. We can discern no clear error with respect to its factual findings, nor can we conclude that the District Court’s legal conclusions were flawed in any way.

Accordingly, we will affirm the denial of Hargett’s suppression motion. 1

II.

Hargett also challenges the sufficiency of the evidence at trial to prove that he possessed the drugs or carried the gun in question, in light of the fact that these items were inside a car that he did not own, and there was no specific evidence indicating that he knew of the presence of the contraband or intended to exercise dominion and control over it.

It should be noted that as a court of appeals sitting in review we are to “consider the evidence in the light most favorable to the government and affirm the judgment if there is substantial evidence from which any reasonable trier of fact could find guilt beyond a reasonable doubt.” United States v. Brown, 3 F.3d 673, 680 (3d Cir.1993).

Given our standard of review, it is difficult to second-guess the jury’s verdict in this factual setting. While Hargett is correct that there is no direct evidence of knowledge or intent to control the items in question, Hargett was the only person sitting in the location where the crack cocaine and handgun were found, in his plain view and reach. In addition, lies about his identity, as well as his evasive movements, strongly supported the inferences that the jury apparently drew.

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Related

Hargett, AKA Foster v. United States
540 U.S. 844 (Supreme Court, 2003)

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Bluebook (online)
58 F. App'x 942, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-hargett-ca3-2003.