United States v. McRae

81 F.3d 1528, 1996 U.S. App. LEXIS 8811, 1996 WL 191593
CourtCourt of Appeals for the Tenth Circuit
DecidedApril 19, 1996
Docket95-4070
StatusPublished
Cited by230 cases

This text of 81 F.3d 1528 (United States v. McRae) is published on Counsel Stack Legal Research, covering Court of Appeals for the Tenth 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. McRae, 81 F.3d 1528, 1996 U.S. App. LEXIS 8811, 1996 WL 191593 (10th Cir. 1996).

Opinions

STEPHEN H. ANDERSON, Circuit Judge.

Franchot Forsythe McRae appeals his conviction and sentence on one count of possession of a controlled substance with intent to distribute, in violation of 21 U.S.C. § 841(a)(1). He was convicted by a jury following the denial of his motion to suppress cocaine seized following a traffic stop on Interstate 70 in Grand County, Utah. He was sentenced to 120 months imprisonment. We affirm.

BACKGROUND

On January 12, 1993, at mid-day, Utah Highway Patrol Trooper Ken Colyar observed a vehicle proceeding eastbound on Interstate 70 without a front license plate. The car had a California license plate on the rear. The sole occupant of the vehicle, Mr. McRae, was not wearing a seat belt. Officer Colyar stopped the vehicle, for the stated reason that both California and Utah require vehicles to have a front license plate and Utah requires drivers to wear seat belts.

When the officer stopped the car, he informed Mr. McRae of the reason for the stop. Officer Colyar testified that Mr. [1531]*1531McRae “indicated something to the effect that he wasn’t sure of that [the front license plate requirement], it wasn’t his car.” R. Vol. II at 12. When asked where he was going and whose vehicle he was driving, Mr. McRae told the officer that the car was rented and that he was “going to a friend’s wedding in New York.” Id. at 13. Officer Colyar asked for and received a valid California driver’s license for Mr. McRae and the rental agreement for the car. Mr. McRae’s name was on the rental agreement, which indicated that he had rented the vehicle in Los Angeles on January 4, and that it was to be returned on January 14. Officer Colyar testified as follows concerning the encounter:

Q. Okay. What did you ask Mr. McRae about the vehicle?
A. I asked him about that. I asked him if he was going to be able to turn it in in New York or how he was going to get from New York back to California in two days. Q. What did he say?
A. I don’t really recall exactly what he said. I asked if he was going to be able to turn the car in in New York. He says he wasn’t sure. I asked if he would like to be charged a late fee, that sort of thing.

Id. at 15.

After informing Mr. McRae that he was going to issue him a citation, Officer Colyar returned to his patrol car, taking with him Mr. McRae’s driver’s license and the rental agreement. While sitting in his patrol car, the officer ran a driver’s license cheek, a registration check and wrote out a warning for failing to have a front license plate and a citation for not wearing a seat belt. Officer Colyar testified that, while he was sitting in his patrol car, he observed the following about Mr. McRae:

A. He changed his demeanor in the car. He sat more upright, he adjusted his mirrors to watch me.
Q. You say he sat upright. As you were speaking with him about the document that he was giving you and asking where he was going, how was he seated?
A. He was seated, I call it — he was very relaxed, kind of slouched back. Just looked up at me very calmly, talking to me.
Q. And as you were at your vehicle, preparing to write whatever you were going to write, what did you see him do?
A. Like I say, he sat more upright, he adjusted the rearview mirror.
Q. Inside his vehicle?
A. Yes.
Q. What else did you see him doing?
A. He was watching me.
Q. How was he watching you?
A. He was looking in the mirror at me. Q. Could you see his eyes?
A. Yes.

Id. at 17. The officer testified that such actions were “unusual.” Id. at 45. Specifically, he testified that “[t]he way he did it I considered to be unusual ... [b]ecause sitting up straight and readjusting his mirror, most people don’t do that when you pull them over.” Id. (emphasis added). Officer Colyar further stated that “[t]he way he was watching me, the intensity with which he was doing it, yes, I consider that to be unusual.” Id. (emphasis added). When the officer noticed Mr. McRae “watching” him, Officer Colyar asked for a “Triple I” check to see if Mr. McRae had a criminal record.

Officer Colyar was informed that Mr. McRae’s driver’s license was valid, but that he had been arrested for “numerous ... drug trafficking charges.” Id. at 19. The police dispatcher advised the officer to use “extreme caution.” Id. Officer Colyar asked for a back-up officer in the area.

After he finished writing the citation and warning, Officer Colyar walked back up to Mr. McRae’s vehicle, leaving behind in his patrol car Mr. McRae’s driver’s license and rental agreement. The officer asked Mr. McRae if he had ever been arrested before, to which Mr. McRae responded that “he had a traffic citation that went to a warrant one time and that was it.” Id. at 21. Officer Colyar proceeded to ask him if he had any firearms in the car, to which Mr. McRae said “no.” Id. at 22. The officer asked if he had any alcohol in the car, to which he again said “no,” and finally, Officer Colyar asked if Mr. McRae had any narcotics in the car. Mr. McRae again responded negatively. Id.

[1532]*1532Officer Colyar then said, “[D]o you mind if I look in the ear?” Id. at 22. He testified that Mr. McRae said “no, not really.” Id. Officer Colyar then asked Mr. McRae “to step out of the car, advised him that I was going to pat him down for weapons, he said he understood.” Id. As he was getting out of the car, Mr. McRae “reached in the backseat and put [a leather jacket] on.” Id. at 22-23. While patting him down, the officer felt a “sharp object” in the pocket of the jacket. When he asked Mr. McRae if it was a weapon, Mr. McRae responded negatively. When asked to take it out of his pocket, Mr. McRae did so, thereby revealing a “plastic grommet type fastener.” Id. at 24.

At this point, Officer Colyar’s back-up, Trooper Haycock, arrived, who identified the fastener as coming from the trunk of the car. Officer Colyar testified that Trooper Haycock asked Mr. McRae if he could search the trunk of the car, and Officer Colyar said “he gave an affirmative, yes, go ahead, or something to that extent,” although he couldn’t “recall word for word.” Id. at 26. Mr. McRae testified that he was never asked whether the officers could specifically search the trunk. Id. at 70-71. When they searched the trunk, they discovered a row of fasteners identical to the fastener found in Mr. McRae’s pocket “all along the top edge of the carpet” and one missing fastener, with “crinkled” carpet around it. Officer Colyar pulled back the carpet at that spot, and observed cellophane packages inside, which contained cocaine. Mr. McRae was then arrested. The total length of time between the initial stop of Mr. McRae’s car and the discovery of the cocaine was approximately five minutes.

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

Related

United States v. Gurule
929 F.3d 1214 (Tenth Circuit, 2019)
Commonwealth v. Valdivia, R., Aplt.
Supreme Court of Pennsylvania, 2018
United States v. Esteban
283 F. Supp. 3d 1115 (D. Utah, 2017)
United States v. Williams
646 F. App'x 624 (Tenth Circuit, 2016)
United States v. Fager
811 F.3d 381 (Tenth Circuit, 2016)
United States v. Charles Williams, Jr.
808 F.3d 238 (Fourth Circuit, 2015)
United States v. Gregory Sanford
806 F.3d 954 (Seventh Circuit, 2015)
United States v. $85,688.00 in United States Currency
577 F. App'x 811 (Tenth Circuit, 2014)
United States v. Jones
Tenth Circuit, 2012
Hamal, Angela Dodd
390 S.W.3d 302 (Court of Criminal Appeals of Texas, 2012)
United States v. Beauchamp
659 F.3d 560 (Sixth Circuit, 2011)
United States v. Burleson
657 F.3d 1040 (Tenth Circuit, 2011)
United States v. Guerrero-Sanchez
412 F. App'x 133 (Tenth Circuit, 2011)
United States v. Beltran-Palafox
731 F. Supp. 2d 1126 (D. Kansas, 2010)
State v. Morlock
218 P.3d 801 (Supreme Court of Kansas, 2009)
State v. Morlock
190 P.3d 1002 (Court of Appeals of Kansas, 2008)
United States v. Thao
291 F. App'x 129 (Tenth Circuit, 2008)
State v. Sumner
2008 WI 94 (Wisconsin Supreme Court, 2008)
State v. Gross
184 P.3d 978 (Court of Appeals of Kansas, 2008)
State v. Sloane
939 A.2d 796 (Supreme Court of New Jersey, 2008)

Cite This Page — Counsel Stack

Bluebook (online)
81 F.3d 1528, 1996 U.S. App. LEXIS 8811, 1996 WL 191593, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-mcrae-ca10-1996.