United States v. Lamar Cooper

431 F. App'x 399
CourtCourt of Appeals for the Sixth Circuit
DecidedJune 22, 2011
Docket09-4302
StatusUnpublished
Cited by4 cases

This text of 431 F. App'x 399 (United States v. Lamar Cooper) 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. Lamar Cooper, 431 F. App'x 399 (6th Cir. 2011).

Opinions

COOK, Circuit Judge.

After officers discovered a gun on Lamar W. Cooper during a Terry stop, a grand jury charged him with possession of a firearm and ammunition by a convicted felon. Cooper moved to suppress evidence as the product of an illegal search and seizure. The district court granted his motion. We reverse.

I.

Cooper’s troubles began with a traffic stop. While patrolling a high-crime area during the afternoon, Officers Robert Sauterer and Robert Taylor drove past three people parked outside an apartment building in a silver Toyota. Upon checking the car’s registration, the officers found that it was listed as a red Toyota. The officers later testified that, in their experience, a discrepancy between a car’s actual color and the color recorded on its registration often suggests a stolen vehicle. The officers turned around, pulled up behind the car, and activated their overhead lights to investigate.

Sauterer approached the driver’s side of the car while Taylor approached the passenger’s side. Taylor testified that, as he approached, Cooper appeared agitated, looked around nervously, and hid his hands. When Taylor told Cooper to show his hands and asked if he had anything, Cooper admitted to having marijuana. Taylor instructed him to exit the vehicle and retrieved the marijuana from Cooper’s pocket. As Taylor patted Cooper down for weapons, Cooper leaned closer to the vehicle. Taylor grabbed him by his waistband and again asked him if he had anything. Cooper then admitted he had a gun. Taylor handcuffed Cooper. When Taylor turned Cooper around to recover the weapon, the gun fell to the ground. The officers determined that the vehicle was not stolen.

A grand jury charged Cooper with possession of a firearm and ammunition by a convicted felon. Cooper moved to suppress the evidence procured during the stop. Following a hearing, the district court determined that the officers lacked reasonable suspicion to initiate the seizure and granted Cooper’s motion. The government now appeals.

II.

Neither party contests that a seizure occurred; they battle over whether the seizure was justified. The government [401]*401claims that because the officers reasonably suspected criminal activity, the district court improperly granted Cooper’s motion to suppress.

We employ a two-part analysis when determining the constitutionality of a Terry stop. United States v. See, 574 F.3d 309, 313 (6th Cir.2009). First, we assess “whether there was a proper basis for the stop” by “examining] the totality of the circumstances” and asking “whether the law enforcement officials were aware of specific and articulable facts which gave rise to reasonable suspicion.” Id. (internal quotation marks and citation omitted). Second, we determine “whether the degree of intrusion ... was reasonably related in scope to the situation at hand.” Id. (alteration in original) (internal quotation marks and citation omitted). Because neither party challenges the district court’s finding that the officers did not exceed the permissible scope of the stop with them search and seizure of Cooper (which we see no reason to question), we concentrate on the first part of the analysis — determining whether the officers had reasonable suspicion to justify the stop itself.

Considering “the evidence in the light most likely to support the district court’s decision,” we review the district court’s factual findings for clear error and its legal conclusions de novo. Id. (internal quotation marks and citation omitted). “The specific determination of whether reasonable suspicion of criminal activity exists to justify a traffic stop is a mixed question of law and fact which we review de novo.” United States v. Campbell, 549 F.3d 364, 370 (6th Cir.2008). But because “the district court is at an institutional advantage, having observed the testimony of the witnesses and understanding local conditions,” we must grant “due weight ... to the inferences drawn from the facts by resident judges.” United States v. Townsend, 305 F.3d 537, 542 (6th Cir.2002) (internal quotation marks and citation omitted). And we must also grant “due weight” to inferences drawn by the officers involved because “a police officer views the facts through the lens of his police experience and expertise.” Ornelas v. United States, 517 U.S. 690, 699, 116 S.Ct. 1657, 134 L.Ed.2d 911 (1996).

The district court found that “[t]he only information the officers possessed supporting their belief that the car could have been stolen was that the color of the Toyota did not match the color of the registered vehicle corresponding to the plates and that the car was parked in a high crime area.” United States v. Cooper, No. 1:09-CR-353, 2009 WL 3321384, at *4 (N.D.Ohio Oct. 13, 2009) (order granting motion to suppress). This information, the court held, did not suffice to establish reasonable suspicion when considered in conjunction with the other circumstances involved — including that the officers observed no illegal activity prior to the mid-afternoon seizure, all of the car’s other characteristics matched its registration information, and no one had reported the license plate or car as stolen. Because the district court’s assessment shortchanged the officers’ previous-experience testimony as a basis for tying the color discrepancy to likely theft, we disagree with its decision to grant suppression.

The district court began its Terry-stop analysis on the right track. First, as the district court found, the officers’ testimony established that the stop occurred in a high-crime area. The officers described a specific, circumscribed location — a particular intersection — and noted the frequency of car thefts and other crimes in that area. See United States v. Caruthers, 458 F.3d 459, 467-68 (6th Cir.2006) (permitting consideration of high-crime location where area was limited to a specific intersection [402]*402because doing so alleviated “special concerns of racial, ethnic, and socioeconomic profiling”). This factor properly fits into the officers’ reasonable-suspicion calculus. See United States v. Johnson, 620 F.3d 685, 692-93 (6th Cir.2010) (explaining that a court may consider defendant’s presence in a high-crime area “in the totality of the circumstances” so long as that factor is not “given undue weight” (internal quotation marks and citation omitted)); United States v. Smith, 594 F.3d 530, 541 (6th Cir.2010) (observing that while a defendant’s presence in a high-crime location “may not, without more, give rise to reasonable suspicion,” it is “relevant to the reasonable suspicion calculus” (internal quotation marks and citation omitted)). And, second, along with the high-crime-area feature, the district court acknowledged that the officers observed a discrepancy between the color of the vehicle and its registration information. See United States v. Caro,

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60 F.4th 1179 (Eighth Circuit, 2023)
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Bluebook (online)
431 F. App'x 399, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-lamar-cooper-ca6-2011.