United States v. Humphrey

30 F. App'x 596
Procedural entryThis page is a short order in United States v. Humphrey. Read the opinion of the Court — 3 F. App'x 258
Court of Appeals for the Sixth Circuit·Decided March 13, 2002·No. No. 99-6498·Published

Opinion

BATCHELDER, Circuit Judge.

I.

Defendant-Appellant Vashaun Humphrey was indicted for possession with intent to distribute cocaine base in violation of 21 U.S.C. § 841(a)(1) and 18 U.S.C. § 2. Humphrey moved to suppress the evidence obtained as a result of an illegal search performed when the vehicle in which he was a passenger was stopped for a traffic violation. The district court denied Humphrey’s motion to suppress. We affirm.

II.

Shelby County Deputy Sheriff Warren Jones was parked at a gas station in his marked police car on March 26, 1999, at approximately 5:30 in the evening when he saw a gold Chevrolet Caprice Classic pull into the parking area across the street. The gold car caught Jones’s attention because of its expensive gold rims. Jones then observed Humphrey standing beside the car talking to someone in the car. As Jones watched, Humphrey looked around as if to see if anyone was watching, walked over to a red car parked nearby and pulled a duffle bag from the back of that car, looked around again and, with his head down, walked “kind of fast” back to the gold car. All the while, Jones said, there was another man standing near the front of the red car who appeared to Jones to be acting as a lookout. Humphrey-with the duffel bag-got into the gold car, which began to pull out into the street. Suspecting that he was witnessing drug activity, Jones radioed for backup. At that point, he saw the red car, driven by the man who had been standing near it, head off in the opposite direction.

The gold car turned right out of the parking lot onto the street, and Jones pulled in directly behind it. Jones stated that while behind the gold car he observed Humphrey and the driver sitting perfectly motionless, and he could see that the driv[598]*598er was looking at Jones through his rear view mirror without cocking his head.

What occurred next is the major source of controversy. Jones claimed that shortly after leaving the parking lot, the gold car drove through a red light, giving him probable cause to stop the vehicle; Humphrey claimed the light was green or yellow, and Jones did not have probable cause to stop the car. The color of the light is crucial because under Tennessee law a car may legally enter an intersection on a yellow but not on a red light. Tenn.Code Ann. § 55-8-110.

In any event, Jones stopped the gold car and exited his patrol car. The driver-who turned out to be Humphrey’s cousin Robert Benton-was already out of his car and walking towards Jones. Jones told Benton the reason for the stop and noticed that Benton was extremely nervous, sweating profusely even though it was a cool day. Jones requested and received Benton’s driver’s license, and had Benton move with him to the back of the gold car, away from traffic. Meanwhile, Humphrey was still sitting in the passenger seat of the gold car, straining to watch Jones and Benton and apparently unfastening his seat belt. By this time, Jones’s backup had arrived, and that officer watched Humphrey while Jones put Benton in the back of the patrol car, ran a license check and questioned him. Jones obtained Benton’s oral and written consent to search the vehicle, and learned from Benton that the duffle bag belonged to Humphrey.

Jones and his backup officer asked Humphrey to get out of the gold car. Humphrey did not respond, and Jones, fearing that Humphrey might do something dangerous in an attempt to escape, grabbed him and pulled him from the car. Once he was out of the car, Humphrey orally consented to a search of the duffel bag. The bag contained a quantity of crack cocaine. Jones also conducted a pat-down search of Humphrey, and found $2665.00 in cash, folded in what Jones described as a “dope-dealer fold.”

On March 26, 1999, Humphrey was indicted on one count of possession with intent to distribute approximately 376.8 grams of cocaine base in violation of 21 U.S.C. § 841(a)(1) and 18 U.S.C. § 2. Humphrey moved to suppress all of the evidence1 resulting from the stop of the car and the ensuing search, claiming that Jones had neither probable cause nor reasonable suspicion to stop the car and search its contents.

At the hearing on the motion to suppress, Jones testified that “[a]s he [the gold car] made that right turn at the intersection, the light was yellow. And as he got on his front end to get to the intersection, that light had turned red. He had plenty of time to stop at that light.” Jones also said that he activated his squadron lights when he “saw him crossing the plane as far as the intersection.” On cross-examination, Jones was confronted with his prior deposition testimony in which he had said that the gold car had “[p]ulled up to the red light,” and that “[t]he light turned yellow and the[y] continued on through the traffic light.” Jones steadfastly reaffirmed the direct testimony he had just given, repeatedly stating that the light was red when the gold car pulled into the intersection. On redirect, the Government asked Jones to explain the response in his deposition that “It was yellow and it was red by the time he his car got almost—well, as he was pulling up, it was yellow. It was red [599]*599before he pulled—he went through the light.” Jones responded that “what I meant was, when he turned out the parking lot before he got his front of his vehicle in the intersection, it was yellow as he was turning.... [B]efore his front end got through that intersection the light had turned red.”

Humphrey and Benton both testified at the suppression hearing. Both claimed that Benton did not run a red light; they insisted that the light was red when they pulled out of the parking lot onto the street; that they pulled in behind a black truck waiting for the light to turn green; and that it was only after proceeding through the green light that they were stopped. Humphrey also denied that he had given any consent for the search of his duffle bag.

The district court denied the motion to suppress. The court reviewed the testimony in some detail stating, as part of that review, that Jones “testified that the light was yellow at the time Mr. Benton’s car entered into the intersection, but was red before he cleared the intersection. He then pulled the Caprice over for the traffic violation [of] running a red light.” Despite this statement, and even though it found that Benton’s and Humphrey’s testimony regarding the black truck was credible, the court explicitly stated at two separate points in its findings that Jones’s testimony regarding the stop was credible. The court reviewed the testimony of an engineer who testified on behalf of the defense at the hearing, concluding that the engineer’s testimony did not demonstrate that Benton could not have run the red light. On the basis of Jones’s testimony, the court concluded that Jones had probable cause to make the traffic stop. The court further held that, based on Jones’s observations and past experience, he had a reasonable suspicion that the occupants of the car were involved in drug activity, which also was a permissible basis for the stop.

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United States v. Humphrey, 30 F. App'x 596 (6th Cir. 2002).

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