United States v. Maurice Odell Brown

700 F. App'x 976
CourtCourt of Appeals for the Eleventh Circuit
DecidedJuly 10, 2017
Docket16-13454 Non-Argument Calendar
StatusUnpublished
Cited by1 cases

This text of 700 F. App'x 976 (United States v. Maurice Odell Brown) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh 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. Maurice Odell Brown, 700 F. App'x 976 (11th Cir. 2017).

Opinion

PER CURIAM:

Maurice Brown appeals his conviction for being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1). Brown contends that the district court erred in denying his motion to suppress the gun found in the trunk of his vehicle. He argues that the gun should have been suppressed because it was obtained during an unreasonable investigatory stop, and the unreasonableness of the stop rendered his consent involuntary.

We review the denial of a motion to suppress under a mixed standard, reviewing factual findings for clear error, and the application of facts to the law de novo. United States v. Bervaldi, 226 F.3d 1256, 1262 (11th Cir. 2000). In considering a motion to suppress, we construe all facts in the light most favorable to the prevailing party below. Id. When facts have been presented through testimony, the credibility of the witness is in the province of the district court as the factfinder, and we will refrain from rejecting the court’s credibility determinations unless the evidence is “contrary to the laws of nature, or is so inconsistent or improbable on its face that no reasonable factfinder could accept it.” United States v. Ramirez-Chilel, 289 F.3d 744, 749 (11th Cir. 2002) (quotation omitted). We may affirm the denial of a motion to suppress on any ground supported by the record. United States v. Caraballo, 595 F.3d 1214, 1222 (11th Cir. 2010).

The Fourth Amendment to the United States Constitution prohibits unreasonable searches and seizures. U.S. Const, amend. IV. A search conducted by means of consent is generally valid, as long as the consent is voluntary. United States v. Kapperman, 764 F.2d 786, 793 (11th Cir. 1985).

Whether a suspect voluntarily consents to a search is a question of fact determined under the totality of the facts and circumstances. United States v. Blake, 888 F.2d 795, 798 (11th Cir. 1989). The government bears the burden of proving that consent existed and was given freely and voluntarily, not merely as “a function of acquiescence to a claim of lawful authority.” Id. In *978 determining whether consent is voluntary, we consider factors including:

[the] voluntariness of the defendant’s custodial status, the presence of coercive police procedure, the extent and level of the defendant’s cooperation with police, the defendant’s awareness of his right to refuse to consent to the search, the defendant’s education and intelligence, and, significantly, the defendant’s belief that no incriminating evidence will be found.

Id. at 789-99. Failure to inform a suspect of his right to refuse consent, in the absence of any coercive behavior, does not render consent involuntary. United States v. Zapata, 180 F.3d 1237, 1241 (11th Cir. 1999). Nevertheless, a suspect’s knowledge of his right to refuse consent, or lack thereof, is a factor to be considered in assessing voluntariness. United States v. Chemaly, 741 F.2d 1346, 1353 (11th Cir. 1984).

Not all police-citizen encounters, during which a search occurs constitute a “seizure” under the Fourth Amendment. See United States v. Jordan, 635 F.3d 1181, 1185 (11th Cir. 2011). “Only when the officer, by means of physical force or show of authority, has in some way restrained the liberty of a citizen may [a court] conclude that a ‘seizure’ has occurred.” Terry v. Ohio, 392 U.S. 1, 19 n.16, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968). Police-citizen encounters fall into three categories: (1) consensual exchanges involving no coercion or detention, (2) brief seizures or investigatory detentions, and (3) full-scale arrests. Jordan, 635 F.3d at 1185. The first type of encounter does not implicate the Fourth Amendment. Id. at 1186. The second type, a Terry stop, permits a “brief, warrantless, investigatory stop of an individual” based on “a reasonable, articulablé suspicion that criminal activity is afoot.” United States v. Hunter, 291 F.3d 1302, 1305-06 (11th Cir. 2002).

Whether a seizure has occurred depends on whether a reasonable person, in light of the totality of the circumstances, would have believed that he was not free to leave. United States v. De La Rosa, 922 F.2d 675, 678 (11th Cir. 1991). 'Whether a reasonable person would have believed that he is not free to leave is a question of law that we review de novo, although findings of fact bear on this larger question. United States v. Espinosa-Guerra, 805 F.2d 1502, 1507 n.18 (11th Cir. 1986).

Where an investigatory stop has occurred, and Fourth Amendment scrutiny is triggered, its reasonableness is a question of law that we review de novo. See Ziegler v. Martin Cnty. Sch. Dist., 831 F.3d 1309, 1319 (11th Cir. 2016). We assess the reasonableness of an investigatory stop under a two-part inquiry. United States v. Acosta, 363 F.3d 1141, 1144 (11th Cir. 2004). Under the first part of the inquiry, we examine “whether the officer’s action was justified at its inception,” which requires the officer’s reasonable suspicion that the defendant had engaged, or was about to engage, in a crime. Id. (quotations omitted). A less demanding standard than probable cause, reasonable suspicion exists when, under the totality of the facts and circumstances, an officer has a “particularized and objective basis” for suspecting wrongdoing. United States v. Arvizu, 534 U.S. 266, 273, 122 S.Ct. 744, 151 L.Ed.2d 740 (2002) (quotation omitted).

Under the second part of the inquiry, we examine whether the stop was “reasonably related in scope to the circumstances which justified the interference in the first place” by applying four non-exclusive factors. Acosta, 363 F.3d at 1145-46 (quotations omitted).

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700 F. App'x 976, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-maurice-odell-brown-ca11-2017.