United States v. Kelvin Johnson

482 F. App'x 137
CourtCourt of Appeals for the Sixth Circuit
DecidedJune 5, 2012
Docket11-5131
StatusUnpublished
Cited by16 cases

This text of 482 F. App'x 137 (United States v. Kelvin Johnson) 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. Kelvin Johnson, 482 F. App'x 137 (6th Cir. 2012).

Opinions

BOGGS, Circuit Judge.

Kelvin Johnson was pulled over for speeding. But that was the least of his worries. Johnson was a convicted felon, and' there was a loaded gun beneath the driver’s seat of his car. During the stop that followed, Chattanooga Police Officer Jason Duggan began to suspect that Johnson was involved in some sort of criminal activity. After he finished writing Johnson a warning ticket, Officer Duggan engaged Johnson in conversation and ultimately asked for consent to search Johnson’s car. When Johnson refused, Officer Duggan detained him and called for a drug dog. The dog alerted, indicating that it smelled drugs on or in the car. Clothed with power from the dog’s alert, Officer Duggan searched the car, found the gun, and arrested Johnson. Johnson moved to suppress the gun, as the fruit of an unlawful search. He argued that Officer Duggan’s extending the stop after writing the warning ticket violated the Fourth Amendment because there were not specific facts that would lead a reasonable officer to suspect criminal activity. The district court denied Johnson’s motion, and Johnson pleaded guilty. Johnson appeals the suppression decision. We reverse.

I

Around 9:00 p.m. on June 2, 2009, Chattanooga Police Officer Jason Duggan spotted a Chrysler PT Cruiser traveling north on 1-75 at seventy-two miles per hour in a fifty-five mile-per-hour zone. Because the PT Cruiser was speeding, Officer Duggan initiated a traffic stop. Kelvin Johnson, a six-foot five-inch tall, three-hundred-pound African American male, and the driver of the PT Cruiser, pulled promptly to the side of the road.

Officer Duggan came to the passenger side of the car. He told Johnson that he was speeding and asked for Johnson’s “driver’s license and paperwork on the vehicle.” Johnson complied, but initially gave Officer Duggan only his license. When reminded, Johnson produced a contract, indicating that the PT Cruiser was a rental car that he had picked up approximately four hours earlier. Officer Duggan also asked “where [Johnson] was headed. [Johnson] told [Officer Duggan] Kentucky.” With this information in hand, Officer Duggan returned to his patrol car, telling Johnson “we’ll see if we can’t work something out,” as he went.

During this initial encounter, Officer Duggan claims, Johnson was “already ... showing signs of excessive nervousness.” Specifically, Johnson was “staring at [Officer Duggan] very intently.... like he was overly focusing on making eye contact,” “[h]is hands were visibly shaking,” even [139]*139though the PT Cruiser’s air conditioning was on, “beads of sweat were beginning to form across the top of his forehead,” and, when Officer Duggan asked for Johnson’s license and paperwork, Johnson only gave him his license, and had to be reminded to produce his paperwork. Officer Duggan also testified that he found the vehicle’s contents suspicious. A PT Cruiser does not have a separate trunk. Instead, the passenger cabin and cargo area are one space, divided only by seats. Officer Dug-gan could, therefore, see “most items ... from the outside of the vehicle.” Inside the PT Cruiser, he saw only “two little shopping bags ... [and] industrial strength degreaser or cleaner.” The shopping bags were full. On top, Officer Dug-gan could see some “new clothing,” but he could not see everything that was in the bags. The degreaser, Officer Duggan explained,

could be a sign that [Johnson] wants to get the grease off of the steering wheel after he works on the vehicle. It could be a sign that he wants to clean his fingerprints off a stolen handgun. It could be a sign that he wants to clean the area off of a bale of marijuana in the trunk.1 It could be a sign that the cocaine that he may be trafficking he may be trying to clean up.

In any event, Officer Duggan found Johnson’s having degreaser with him in the rental car “very rare, very unusual.... [and] not consistent with innocent motoring public.”

When Officer Duggan returned to his patrol car, he called his “teammate ... Officer Curvin.” Officer Duggan told Officer Curvin that he “was about to call for a records check,” and asked that Officer Curvin join him as back-up. Next, Officer Duggan called the Blue Lightning Operations Center (“BLOC”) to initiate a detailed record check. Officer Duggan also testified that, during this time, he noticed that Johnson’s rental contract only allowed the driver to operate the vehicle in Georgia and Florida. Because “Mr. Johnson at the [sic] point had already told [Officer Dug-gan] that he was headed to Kentucky and [Officer Duggan] had pulled him over in Tennessee,” Officer Duggan considered the language in the rental contract further cause for suspicion.

After he contacted BLOC, Officer Dug-gan returned to the PT Cruiser and asked Johnson to join him in front of his patrol car. Johnson complied. Officer Duggan asked that Johnson not put his hands in his pockets. Johnson complied. Officer Duggan then told Johnson that he would write him a warning citation for speeding.

Although Johnson complied with all of his requests, Officer Duggan testified that Johnson’s posture was suspicious. He believed that Johnson had taken a “bladed stance,” with “his strong leg [here, his right leg] back ... turn[ing][his] body sideways to help defend [himself],” like a boxer might do during a fight. Officer Duggan, ■ nevertheless, began to write Johnson’s warning citation, chatting with Johnson about the PT Cruiser and Johnson’s travel plans as he worked.2

Through this casual conversation, Officer Duggan learned that Johnson was driving to Ashland, Kentucky, near the West Virginia-Kentucky-Ohio border. Johnson planned to stay there for three or four nights, visiting a woman he had spoken with “for a long time” but had not [140]*140met.3 This, in Officer Duggan’s estimation, made the two plastic bags even more suspicious. “[T]hat a young man would be visiting a woman for the very first time that he spoke to many times on the phone and he doesn’t take any clothes. That just blew my mind.”

Officer Duggan continued to talk casually with Johnson as he wrote the warning citation. He had just mentioned to Johnson the geographical limitation in the rental contract, when BLOC called him with the results of the record check he requested. BLOC told Officer Duggan that Johnson’s license was valid, and that there was no warrant for Johnson’s arrest. However, BLOC also gave Officer Duggan an “officer safety alert” because Johnson had a criminal history that included aggravated assault, felony gun charges, and felony narcotics charges.

As Officer Duggan hung up the phone, Officer Curvin arrived and walked toward Officer Duggan’s patrol car. Johnson noticed Officer Curvin’s arrival, and began “cutting his eyes, watching the approaching officer.” As “a way of trying to deescalate [sic] any type of added stress,” Officer Duggan told Johnson that Officer Curvin was his supervisor, and that he was “here for me [Officer Duggan], not for you [Johnson].”

After Officer Curvin arrived, Officer Duggan finished writing the warning citation. He handed the citation to Johnson and asked whether Johnson could “see what [he] was talking about” with the rental car contract’s geographical limitations. Johnson did not know about these limitations, insisted that he “told [the rental-car company] where [he] was going,” and suggested that the language could be a mistake, since, when he rented the car, “they were kind of busy.”

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Cite This Page — Counsel Stack

Bluebook (online)
482 F. App'x 137, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-kelvin-johnson-ca6-2012.