United States v. Nichols

512 F.3d 789, 2008 U.S. App. LEXIS 788, 2008 WL 123815
CourtCourt of Appeals for the Sixth Circuit
DecidedJanuary 15, 2008
Docket06-5862
StatusPublished
Cited by44 cases

This text of 512 F.3d 789 (United States v. Nichols) 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. Nichols, 512 F.3d 789, 2008 U.S. App. LEXIS 788, 2008 WL 123815 (6th Cir. 2008).

Opinion

OPINION

BOGGS, Chief Judge.

Elbert Nichols entered a conditional guilty plea to one count of being a felon in possession of a firearm, in violation of 18 U.S.C. §§ 922(g)(1) and 924, reserving his right to appeal the district court’s denial of his suppression motion. On appeal, he raises three arguments: (1) that the police officer’s decision to run a warrant check on him was based on his race, violating the Equal Protection Clause of the Fourteenth Amendment; (2) that the search of his vehicle incident to his arrest violated the Fourth Amendment; and (3) that the questioning by the police after his arrest violated his Fifth Amendment rights under Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966). Finding no constitutional violations that would vitiate Nichols’s conviction, we AFFIRM the judgment of the district court.

I

In the early morning hours of September 9, 2004, Metro Nashville Police Department Officers Aaron Wigginton and Yannick Deslauriers were on patrol in the West Nashville area near Tennessee State University. Officer Wigginton “saw a vehicle that kind of grabbed [his] attention.” There were some men standing around the car who “quickly walked away” as the officer drove by. Officer Wigginton radioed to Officer Deslauriers: “I kind of alerted him that there was a vehicle up here that appeared as the people were kind of standing around it and didn’t want to hang around, they avoided me. I gave him the tag off the ear....” Responding to this radio call, Officer Deslauriers then *792 “ran the tag over [his] computer in the car,” which provided information from two systems — the National Crime Information Center (NCIC) and a Tennessee state system. The NCIC system responded first, and “nothing came back as suspicious,” so the officers “moved on” and continued patrolling the area for a few minutes. Officer Deslauriers passed by the location where the vehicle was parked and apparently saw the men trying to avoid him as well. 1

After a few minutes, the state system in Officer Deslauriers’s patrol car responded and reported that the vehicle was registered to “Elbert Nichols.” Officer Deslau-riers then “decided to run Elbert Nichols on our warrant system ... [and] it came back with having a [robbery] warrant on a male black. We had driven by the location and seen that there was two black guys in the yard next to the car.” The officers positioned themselves to watch the vehicle. After a few minutes, the car started to drive away, and the officers executed a stop by turning on their blue lights. As they approached the vehicle, they could see that the passenger was quite agitated and kept yelling at the driver to “stomp it” or “punch it.” Officer Deslauriers recognized the passenger as Elbert Nichols from the mug shot that had come up on his computer system. The driver made clear that he was not going to try to run, and Officer Deslauriers then took Nichols into custody and placed him in the back of his patrol car. Officer Deslauriers informed Nichols of his Miranda rights and advised him he was under arrest for the outstanding robbery warrant. Nichols stated that he understood his rights, but denied that he was Elbert Nichols, even when the officer pointed out his mug shot on the computer system.

Officer Déslauriers then proceeded to search the vehicle and discovered a loaded .38-caliber handgun in the glove box directly in front of where Nichols had been sitting. The glove box was locked, but the officer opened it with a set of keys found at the scene. 2 Officer Deslauriers testified that the search lasted “[a] couple minutes. Not very long.” After recovering the gun, Officer Deslauriers returned to his patrol car and confronted Nichols with it. Initially, Nichols continued to deny that he was Elbert Nichols. However, as Officer Deslauriers began to do the arrest report, and engaged Nichols in “general conversation about the paperwork,” Nichols soon dropped the charade and admitted his identity, but insisted that the robbery warrants were a mistake. In response to the district court’s inquiry regarding how long the defendant had denied his identity, Officer Deslauriers testified, “Several minutes while I spoke to him initially. Even after I searched the car. He finally admitted— I think he had a mole on his face. Finally he just got tired, I assume.” Later, as he was being transported back to the police station, Nichols “refused to be interviewed any further.”

On the basis of these facts, the district court refused to suppress any of the evidence. Regarding the alleged equal protection violation, the court held that the *793 defendant had failed to establish a prima, facie case that race was a motivating factor in the actions of the officers since the defendant’s evidence was essentially no more than “that [the officers were] white and [were] patrolling in a predominantly black neighborhood....” The court next summarily rejected Nichols’s argument that the search of a locked glove box exceeded the proper scope of a search incident to arrest, citing Seventh Circuit cases holding that such a search was permissible under prevailing Supreme Court precedent. Finally, the district court rejected Nichols.’s Miranda argument, concluding that the “Defendant’s repeated denials of his identity were not refusals to answer all police questions. Rather, Defendant wished to, and did, communicate affirmatively with the police officers by making statements to them which he believed furthered his self-interest.” The court therefore concluded that Nichols impliedly waived his right to remain silent.

Having failed in his motion to suppress, Nichols entered a conditional guilty plea pursuant to Federal Rule of Criminal Procedure 11(a)(2) and appealed to this court.

II

“When reviewing the denial of a motion to suppress, [this court] review[s] the district court’s findings of fact for clear error and its conclusions of law de novo.” United States v. Foster, 376 F.3d 577, 583 (6th Cir.2004). “A factual finding will only be clearly erroneous when, although there may be evidence to support it, the reviewing court on the entire evidence is left with the definite and firm conviction that a mistake has been committed.” United States v. Navarro-Camacho, 186 F.3d 701, 705 (6th Cir.1999). Additionally, the evidence produced at a suppression hearing must be viewed “in the light most likely to support the district court’s decision.” Ibid.

A

Nichols first contends that Officer Deslauriers’s decision to run a warrant check on the name “Elbert Nichols” was motivated by race, claiming that Officer Deslauriers presumed Nichols to be black. Appellant’s Br. at 19-20.

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Cite This Page — Counsel Stack

Bluebook (online)
512 F.3d 789, 2008 U.S. App. LEXIS 788, 2008 WL 123815, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-nichols-ca6-2008.