United States v. Johnson

107 F. App'x 322
Court of Appeals for the Fourth Circuit·Decided August 16, 2004·No. 03-4478·Unpublished·Cited by 3 cases

Opinions

OPINION

GREGORY, Circuit Judge:

Defendant-appellant Travis Winfield Johnson appeals an order of the United States District Court for the Northern District of West Virginia denying his pretrial motion to suppress, among other things, a firearm found in the passenger compartment of his automobile. The district court denied Johnson’s suppression [324]*324motion on two grounds. First, the court found that the government, through the testimony of two of the officers that searched Johnson’s automobile, established by a preponderance of the evidence that Johnson consented to the search of his automobile. Second, the court found that probable cause existed to search the passenger compartment of Johnson’s automobile.

On appeal, Johnson argues that the district court’s finding that he consented to the search of his automobile is erroneous because the magistrate judge, who conducted the suppression hearing and was thus able to observe the demeanor of the officers, concluded that he was “not satisfied that ... [Johnson] gave consent to search [his] vehicle.” J.A. 107. Consequently, Johnson asserts that the district court should have deferred to the magistrate judge’s conclusion that there was insufficient evidence to establish consent. In addition, Johnson argues that the district court erred by finding that probable cause existed to search the passenger compartment of his automobile.

Because we conclude that the firearm in the passenger compartment of Johnson’s automobile was properly seized under the plain view doctrine, we affirm the district court’s denial of Johnson’s suppression motion.

I.

On March 11, 2002, Johnson drove to the home of Fulton Walker, an informant for the Eastern Panhandle Drag and Violent Crimes Task Force (the “EPDV Crimes Task Force”), to deliver approximately 5,404 grams of marijuana as agreed during a number of controlled telephone conversations. Once outside of Walker’s home, Deputy Snyder and Detective Witt observed Johnson, via video surveillance, remove a number of marijuana packages from a duffle bag located in the trunk of his automobile and place them into a second duffle bag. Deputy Snyder and Detective Witt then observed Johnson place the original duffle bag, which appeared to continue to contain marijuana, back into the trunk of his automobile and carry the second duffle bag into Walker’s home. After Johnson entered Walker’s home, State Trooper Bean and two other officers observed him, via video surveillance, remove the marijuana packages from the duffle bag that he carried into Walker’s home and place them onto a coffee table. Upon doing so, Johnson was apprehended and escorted out of Walker’s home. Johnson’s automobile was thereafter searched by the EPDV Crimes Task Force. During this search, the EPDV Crimes Task Force retrieved the duffle bag left by Johnson in the trunk of his automobile and confirmed that it contained marijuana. In addition, the EPDV Crimes Task Force retrieved a loaded .40 caliber glock handgun from the passenger compartment of Johnson’s automobile. Based on these discoveries, the EPDV Crimes Task Force confiscated Johnson’s automobile and the contraband found therein.1 The EPDV Crimes Task Force did not, however, place Johnson under arrest. Instead, the EPDV Crimes Task Force sought to get Johnson to cooperate with its investigation by identifying his supplier and arranging a controlled purchase.

On October 1, 2002, Johnson, after having declined to cooperate with the EPDV Crimes Task Force, was charged and indicted in the United States District Court [325]*325for the Northern District of West Virginia for (1) conspiring to possess with intent to distribute marijuana, in violation of 21 U.S.C. §§ 841(b)(1)(D) and 846, (2) possessing with intent to distribute 5,404 grams of marijuana, in violation of 21 U.S.C. §§ 841(a)(1) and 841(b)(1)(D), and (3) using and carrying a firearm during and in relation to a drug trafficking crime, in violation of 18 U.S.C. § 924(c)(1). On November 7, 2002, Johnson filed a pretrial motion to suppress, among other things, the firearm found in the passenger compartment of his automobile. The district court, pursuant to the Federal Magistrate Act, 28 U.S.C. § 636(b)(1)(B), referred Johnson’s suppression motion to a magistrate judge for an evidentiary hearing, which was held on November 22nd.

At the hearing, the government called Deputy Snyder as a witness. Deputy Snyder testified that he saw Johnson remove marijuana packages from a duffle bag located in the trunk of his automobile, place said packages into a second duffle bag and leave the original duffle bag, which from his observations appeared to still contain marijuana, back into the trunk of his automobile. Deputy Snyder also testified that, subsequent to Johnson’s apprehension, he looked into the passenger compartment of Johnson’s automobile, through the windows, and did not see a firearm in plain view. Specifically, Deputy Snyder testified that he saw “some C.D.s, some paraphernalia, that type — papers, that type of thing, but nothing ... of value” when he looked into Johnson’s automobile. J.A. 58. With regard to Johnson’s consent, Deputy Snyder testified that Johnson answered “yes” when State Trooper Bean asked: “[Johnson], may I search your automobile?” Id. at 60. Deputy Snyder further testified, however, that Johnson’s consent was not recorded on the audiotapes and videotapes because they often turn off their equipment “[o]nce a transaction is completed, and [they] have gathered the evidence that [they] are gathering related to [the] specific count.” Id. at 61. Moreover, Deputy Snyder testified that Johnson’s consent was not recorded in writing even though consent forms were available and they remembered to provide Johnson with a property receipt.

In addition to Deputy Snyder, the government called State Trooper Bean as a witness. State Trooper Bean testified that they had been informed by Walker that Johnson customarily transported the marijuana in the trunk of his automobile. He also testified that Deputy Snyder and Detective Witt observed Johnson remove marijuana packages from a duffle bag located in the trunk of his automobile and place that same duffle bag, which they believed still contained marijuana, back into the trunk of his automobile. In addition, State Trooper Bean testified that Detective Witt informed him, upon escorting Johnson out of Walker’s home, that he saw in plain view a firearm inside the passenger compartment of Johnson’s automobile. Id. at 83. Moreover, State Trooper Bean testified that Detective Witt, after seeing the firearm in plain view, pointed the weapon out to him. Id. As to Johnson’s consent, State Trooper Bean testified that Johnson responded that it was “fine” when he asked him “if it was all [sic] right if [they] looked through his vehicle.” Id. at 74-75. He further testified, however, that Johnson’s consent was not recorded on an audiotape or videotape because they had turned off the audio and video equipment “before [he] asked ...

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

United States v. Johnson, 107 F. App'x 322 (4th Cir. 2004).

107 F. App'x 322 (United States v. Johnson) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Allen v. United States
S.D. West Virginia, 2022
United States v. Boatrite
165 F. Supp. 3d 484 (N.D. West Virginia, 2016)