United States v. Newland

246 F. App'x 180
CourtCourt of Appeals for the Fourth Circuit
DecidedJune 6, 2007
Docket06-4219
StatusUnpublished
Cited by4 cases

This text of 246 F. App'x 180 (United States v. Newland) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth 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. Newland, 246 F. App'x 180 (4th Cir. 2007).

Opinions

JOHNSTON, District Judge:

The Government appeals the district court’s order granting Kevin Newland’s motion to suppress evidence seized from a search of his rental vehicle on September 21, 2005. Based on statements given to officers and immigration agents on the road side and while in state custody, Mr. Newland was indicted for falsely and willfully representing himself to be a citizen of the United States. On the merits, we reverse the district court’s suppression order because the trooper who stopped Mr. Newland had reasonable suspicion to detain him until the canine unit scanned the vehicle. Once the canine alerted to the presence of narcotics, the officers had probable cause to search the vehicle.

I.

A.

On September 21, 2005, Maryland State Trooper David McCarthy (Trooper McCarthy) was conducting drug interdiction on Interstate 95.1 At approximately 11:57 a.m., Trooper McCarthy stopped a white Ford Taurus with Georgia plates for speeding northbound in Cecil County, Maryland. He approached the passenger side of the vehicle and noticed an open cell phone line and several other cell phones in the vehicle’s console. Trooper McCarthy asked the driver, the car’s sole occupant, for his license and registration and directed him to close the open cell phone. Trooper McCarthy noticed that the driver’s hands were shaking “uncontrollably” while he gathered the requested paperwork and that he appeared extremely nervous. (J.A. 170)

The driver produced a United States Virgin Islands driver’s license and a rental agreement for the Taurus. When Trooper McCarthy asked for his current address, the driver stated that he was living in Washington, D.C. The rental agreement, however, listed a Maryland address. When Trooper McCarthy asked the driver why he used a Maryland address to rent the car if he lived in Washington, D.C., the driver hesitated, and “eventually” said that it was his girlfriend’s address. (J.A. 170) According to Trooper McCarthy, the driver’s nervousness persisted.

Trooper McCarthy returned to his vehicle. He examined the license and immediately suspected that it was fraudulent, but was unable to verify its authenticity because the Maryland State Police do not [183]*183have access to a database that includes the Virgin Islands. Based on his interaction with the driver, Trooper McCarthy requested that Trooper Catalano and his canine unit respond to the scene. He then proceeded to conduct a warrant check in the name of Kevin Kairo. Approximately two minutes later, the warrant check was returned negative.

Around the time that Trooper McCarthy was reviewing the driver’s paperwork, Troopers Connor and Lewis arrived at the scene. Trooper Connor also thought the license looked suspicious, and approached the driver, who was still seated in his vehicle. When Trooper Connor asked the driver about his destination, he informed the trooper that he was traveling to New York City to play soccer.

Troopers McCarthy and Connor discussed the driver’s statements and nervous demeanor, and both observed that there was no visible luggage in the back seat. They also noticed that the rental car was due to be returned in Maryland in only a few hours despite the driver’s plans to visit New York City.

Trooper Catalano and his drug detection dog arrived on the scene shortly after Troopers Connor and Lewis, at approximately 12:08 p.m. The driver was asked to exit the vehicle during the scan pursuant to standard procedure. At 12:10 p.m., the dog scanned the exterior of the vehicle and alerted to the presence of narcotics at the front passenger window. Based on the canine’s positive alert, the troopers searched the car and discovered $55,729 in cash inside a nylon bag located on the front passenger seat. The driver claimed that he owned the bag but did not know how the money got inside the bag. The canine then conducted a scan on the cash and alerted to the presence of narcotics.

The driver was taken into custody and brought to the Maryland State Police barracks to verify his identity. A finger print identification check sent to the Federal Bureau of Investigation (FBI) failed to produce results. The state police then contacted the United States Bureau of Immigration and Customs Enforcement (ICE). Agent Robin Betkey responded and contacted the U.S. Virgin Islands Police. Agent Betkey’s contact in St. Croix informed her that there was no valid driver’s license in the name of Kevin Kairo and the address on the license did not exist in St. Thomas. Agent Betkey then searched for the driver’s fingerprints in the ICE database. The ICE database identified the driver as Kevin Newland, a citizen of Jamaica who was lawfully present in the United States. The database also revealed that there was an outstanding warrant for Mr. Newland’s arrest in Maryland for possession of a controlled substance with intent to distribute.

A subsequent FBI analysis proved that the driver’s license and U.S. Virgin Island’s birth certificate, which was provided by Mr. Newland’s wife at the police barracks, were fraudulent. Mr. Newland was charged with falsely and willfully representing himself to be a citizen of the United States in violation of 18 U.S.C. § 911.

B.

Mr. Newland filed a motion to suppress the birth certificate, money seized, and all subsequent statements made to law enforcement officers after Trooper McCarthy received the negative warrant check. At the suppression hearing, Trooper McCarthy testified that he detained Mr. Newland because he suspected that the driver’s license was fake and therefore could not properly execute the warning ticket without knowledge of the driver’s true identity. He also testified that he detained Mr. Newland based on the totality of the cir[184]*184cumstances, which included Mr. Newland’s statements and nervous demeanor during their initial discussion at the road side.

Troopers McCarthy and Connor both testified at the suppression hearing that the license was an obvious fake and that Mr. Newland’s detention was therefore reasonable based on the totality of the circumstances. The district judge questioned both troopers thoroughly about their reasons for believing the license was fraudulent. Trooper McCarthy testified that the hologram was faded and distorted. Trooper Connor testified that the font on the license was of poor quality and that it was thicker than a standard license. He also testified that the grey haze behind the lettering indicated that the license was not authentic.

The district judge closely examined the license based on the testimony of the troopers. The court also compared the license to a proffered Maryland license to compare its width and length. Despite close scrutiny, the district judge did not discern the abnormalities described by the troopers. The trial judge proceeded to find that the U.S. Virgin Islands driver’s license was not an “obvious fake.” [J.A. 138] Based on this finding, the court found that Trooper McCarthy’s suspicion about the license did not justify the trooper’s decision to detain Mr. Newland once he received the negative warrant check. The court further found that Trooper McCarthy needed reasonable suspicion of a serious crime to continue to detain Mr. New-land beyond the warrant check. The trial court found that Trooper McCarthy’s testimony failed to articulate such a suspicion, and granted Mr. Newland’s motion to suppress.

II.

We first address Mr. Newland’s motion to dismiss.

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Cite This Page — Counsel Stack

Bluebook (online)
246 F. App'x 180, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-newland-ca4-2007.