United States v. Hunt

253 F.3d 227, 2001 U.S. App. LEXIS 11367, 2001 WL 589255
CourtCourt of Appeals for the Fifth Circuit
DecidedJune 1, 2001
Docket00-60333
StatusPublished
Cited by30 cases

This text of 253 F.3d 227 (United States v. Hunt) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth 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. Hunt, 253 F.3d 227, 2001 U.S. App. LEXIS 11367, 2001 WL 589255 (5th Cir. 2001).

Opinions

ALDISERT, Circuit Judge:

We decide today whether Appellant’s Fourth Amendment rights were violated when the automobile he was driving, which had been stopped by a state trooper for a traffic violation, was searched simply because Appellant got out of the car to meet the state trooper rather than waiting inside the vehicle for the trooper to approach him. At the suppression hearing, the trooper testified that, in every case in which a driver disembarks from an automobile after being stopped for a traffic violation, he opens the car door to examine the vehicle’s interior.1 Concluding that Appellant’s constitutional rights had not been violated, the district court refused to suppress the evidence seized as a result of the search. We reverse.

I.

The district court had jurisdiction pursuant to 18 U.S.C. § 3231. We have jurisdiction on this appeal from a final judgment of a conditional plea and sentence under 28 U.S.C. § 1271.

This court applies a two-tiered standard of review to a district court’s denial of a motion to suppress, reviewing the court’s factual findings for clear error [230]*230and its “ultimate conclusion as to the constitutionality of the law enforcement action de novo.” United States v. Hernandez-Zuniga, 215 F.3d 483, 485-486 (5th Cir.2000) (quoting United States v. Chavez-Villarreal, 3 F.3d 124, 126 (5th Cir.1993)); see also United States v. Kirk, 111 F.3d 390, 393 (5th Cir.1997) (“When reviewing a motion to suppress based on live testimony, we must accept a district court’s findings of fact unless clearly erroneous or influenced by an incorrect view of the law”). We view the evidence in the light most favorable to the party that prevailed in the district court. See United States v. Dortch, 199 F.3d 193, 197 (5th Cir.1999).

II.

On July 13, 1999, Appellant Marcellus Hunt was stopped by Officer Davidson of the Mississippi Highway Patrol for speeding. The stop occurred on a four-lane highway at 1:45 p.m. Appellant was driving a 1999 Buick Century which did not have tinted windows. Dewaun Dorse was a passenger in the car.

After being pulled over, Appellant left his car, shutting the door behind him, and walked to the back of the Buick to meet Davidson. After Appellant complied with Davidson’s request to produce a valid driver’s license, Davidson walked to the driver’s side of the Buick and opened the door.

Davidson visually searched the car and spoke with Dorse. As Davidson prepared to shut the driver’s side car door, he observed a clear plastic bag stuffed in the indentation that serves as a door handle on the door. Davidson contends that the contents of the clear plastic bag appeared to be crack cocaine.

After spotting the drugs in his search of the vehicle, Davidson walked back towards Appellant who was waiting at the rear of the car. As he was returning to Appellant, Davidson noticed for the first time an empty gun holster on the floorboard behind the driver’s seat. Davidson frisked Appellant, placed him under arrest, and then arrested Dorse. Incident to these arrests, Davidson searched the Buick and found a bag of powder cocaine in the glove box and a handgun in the center armrest.

Appellant was charged in a two-count indictment. Count One charged Appellant with aiding and abetting possession with intent to distribute 248.47 grams of cocaine salt (powder cocaine) and 5.72 grams of cocaine base (crack cocaine). Count Two charged Appellant with possession of a firearm by a convicted felon.

Appellant filed a motion to suppress, which the district court denied, concluding that “the officer [was] within his authority in opening the door of a car after a traffic search to look for weapons.” Following the denial of his motion, Appellant entered a conditional guilty plea, subject to the appeal of the denial of the suppression motion.

III.

The Fourth Amendment guarantees that “[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated.” U.S. CONST, amend. IV. The essential purpose of the Fourth Amendment is to impose a standard of “reasonableness” upon law enforcement agents and other government officials in order to prevent arbitrary invasions of the privacy and security of citizens. Delaware v. Prouse, 440 U.S. 648, 653-654, 99 S.Ct. 1391, 59 L.Ed.2d 660 (1979).

The protection of the Fourth Amendment is enjoyed not only in the home, but on the sidewalk and in a person’s automobile. See Delaware v. Prouse, [231]*231440 U.S. at 663, 99 S.Ct. 1391 (citing Terry v. Ohio, 392 U.S. 1, 19, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968) and Adams v. Williams 407 U.S. 143, 146, 92 S.Ct. 1921, 32 L.Ed.2d 612 (1973)) (“[P]eople are not shorn of all Fourth Amendment protection when they step from their homes onto the public sidewalks. Nor are they shorn of those interests when they step from the sidewalks into their automobiles.”). It is well established that a traffic stop is a limited seizure within the meaning of the Fourth Amendment, Delaware v. Prouse, 440 U.S. at 653, 99 S.Ct. 1391, and that intrusion into the interior of an automobile for investigative purposes constitutes a search, New York v. Class, 475 U.S. 106, 114-115, 106 S.Ct. 960, 89 L.Ed.2d 81 (1986). The stopping of an automobile and the detention of its occupants constitutes a “seizure,” even when the purpose of the stop is limited and the resulting detention brief. Delaware v. Prouse, 440 U.S. at 653, 99 S.Ct. 1391. “While the interior of an automobile is not subject to the same expectations of privacy that exist with respect to one’s home, a ear’s interior as a whole is nonetheless subject to Fourth Amendment protection from unreasonable intrusions by the police.” Class, 475 U.S. at 114-115, 106 S.Ct. 960.

The Court specifically has rejected a “bright-line” rule that an automobile search incident to a traffic citation is permissible without reasonable suspicion or probable cause for the search. See Knowles v. Iowa, 525 U.S. 113, 117, 119 S.Ct. 484, 142 L.Ed.2d 492 (1998); see also Michigan v. Long, 463 U.S. 1032, 1049, 103 S.Ct. 3469, 77 L.Ed.2d 1201 (1983). Davidson could not search the automobile without some articulable, individualized suspicion that the automobile contained weapons or contraband. United States v. Michelletti, 13 F.3d 838

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Bluebook (online)
253 F.3d 227, 2001 U.S. App. LEXIS 11367, 2001 WL 589255, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-hunt-ca5-2001.