United States v. Robertson

16 F. Supp. 3d 740, 2014 WL 1572555
CourtDistrict Court, M.D. Louisiana
DecidedApril 17, 2014
DocketCriminal Action No. 13-108-JJB-SCR
StatusPublished
Cited by1 cases

This text of 16 F. Supp. 3d 740 (United States v. Robertson) is published on Counsel Stack Legal Research, covering District Court, M.D. Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Robertson, 16 F. Supp. 3d 740, 2014 WL 1572555 (M.D. La. 2014).

Opinion

RULING ON MOTION TO SUPPRESS

JAMES J. BRADY, District Judge.

This matter is before the Court on the Defendant Michael Robertson’s Motion (rec. doc. 18) to Suppress Evidence. The United States of America (the “Government”) opposes the motion. Rec. doc. 22. The Court conducted a suppression hearing on October 28, 2013, and each party filed post-hearing memorandums. Rec. docs. 26 & 28. Furthermore, each party submitted additional briefing pursuant to this Court’s order. Rec. docs. 31, 34, & 35. For the reasons stated herein, the Defendant Michael Robertson’s Motion (rec. doc. 18) to Suppress Evidence is GRANTED.

Background

The Court makes the following factual findings based on the evidence presented at the October 28, 2013 suppression hearing, including testimony from the arresting officer, Corporal Aaron Spelying, and a dash camera recording of the events. On March 11, 2013 at approximately 10:45 p.m., Corporal Aaron Spelying witnessed the Defendant Michael Robertson traveling at 70 miles per hour on 1-12 Westbound, between Sherwood Boulevard and Airline Highway in Baton Rouge. Rec. doc. 25, p. 5-6. The posted speed limit in that area is 60 miles per hour. Rec. doc. 25, p. 6. Corporal Spelying immediately pulled off the road shoulder and pursued the defendant. Id. Upon catching up with the defendant, both Corporal Spelying’s and the defendant’s vehicle were traveling at 75 miles per hour. Rec. doe. 25, p. 6-7. At that point, Corporal Spelying activated his police vehicle’s lights. Id. After driving for a short period of time, the defendant made a double lane change and exited onto Drusilla Lane. Rec. doc. 25, p. 8.

After exiting Interstate 12, the parties pulled into the parking lot of the Lake After Hours on Drusilla Lane. Id. Upon stopping, Corporal Spelying used his public-address system to have the defendant exit the vehicle and walk to the front of the police cruiser. Id. Corporal Spelying immediately noticed that the defendant had a strong odor of burnt marijuana on his person. Rec. doc. 25, p. 9. The defendant did not have a driver’s license, but he did have a Louisiana identification card. Id. The defendant also informed Corporal Spelying that the vehicle had been rented by the defendant’s wife. Id. Corporal Spe-lying then approached the defendant’s vehicle, at which point he made contact with the passenger in the vehicle. Rec. doc. 25, p. 10. When the passenger opened the door, Corporal Spelying again noticed a [743]*743“real strong odor of burnt marijuana.” Rec. doc. 25, p. 10.

Corporal Spelying returned to his police cruiser to check if there were any outstanding warrants, if the vehicle was stolen, and if any party had a valid driver’s license. Id. This search revealed that there were no outstanding warrants, the car was rented by the defendant’s wife, and neither party had a valid driver’s license. Rec. doc. 25, p. 10-11. But, the defendant did have a suspended license. Rec. doc. 25, p. 11. The database search also disclosed that both the defendant and his passenger were convicted felons. Rec. doc. 25, p. 15-16. During his database search and based on his concerns from the burnt marijuana odor, Corporal Spelying called for backup. Rec. doc. 25, p. 10-11.

After finishing his database search, Corporal Spelying asked a couple of further questions regarding the defendant’s suspended license and his travel itinerary. See rec. doc. 25, p. 11. Corporal Spelying then returned all of the defendant’s items and told the defendant that he would not write him a ticket. Id. At the suppression hearing, Corporal Spelying admitted that he did not write the defendant a ticket because he wanted to potentially secure the defendant’s voluntary consent to search the automobile. Id. Corporal Spe-lying proceeded to inform the defendant that there had been problems with people smuggling items on the interstate, including drugs and weapons. Rec. doc. 25, p. 11-12. The officer then asked the defendant whether his car contained any contraband. Id. After the defendant answered in the negative, Corporal Spelying asked the defendant if he could search the vehicle, to which the defendant responded that he could search the vehicle Rec. doc. p. 11-13. Based on the testimony and the dash camera video, less than 10 seconds elapsed between Corporal Spelying telling the defendant he would not write him a ticket and the officer asking for consent to search the vehicle. See rec. doc. p. 11, 24.

Upon receiving the defendant’s consent, Corporal Spelying had the passenger exit the vehicle. Rec. doc. 25, p. 13. When he began to look in the vehicle, Corporal Spe-lying noticed that the plastic panel on the center console was ajar. Rec. doc. 25, p. 14. He removed the plastic panel and found a gun underneath. Id. At that point, Corporal Spelying returned to the front of the police vehicle to inform the defendant and the passenger of their rights. Id. Corporal Spelying asked the individuals about the “guns,” despite only finding a single gun, because he was “trained that if you find one, look for a second one.” Rec. doc. 25, p. 15. The passenger admitted that the gun had been purchased by his fiancé. Id. Despite not having a second gun at that point, Corporal Spelying proceeded to ask “who’s the other one for,” at which point the passenger nodded to the defendant and the defendant acknowledged that he owned the other gun. Id. Both the defendant and the passenger admitted to smoking marijuana, and the officer eventually located a partially-smoked marijuana cigar under the center console. Rec. doc. 25, p. 16. Corporal Spelying also located the second gun in the vehicle. Id.

As a result of this encounter, a grand jury indicted the defendant on one count of being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1) and one count of possession of marijuana in violation of 21 U.S.C. § 844(a). Rec. doc. 1. Subsequently, the defendant filed the pending motion to suppress, in which he seeks to suppress the evidence seized during the search of his vehicle and any statements made by him. Rec. doc. 18.

[744]*744Analysis

1. Constitutionality of the Stop’s Duration

Based on the motion and post-hearing memorandums, it does not appear that the defendant is challenging the initial stop of his vehicle. Rather, the defendant asserts that the vehicle stop extended longer than was reasonably necessary. “A search and seizure must be reasonably related in scope to the circumstances which justified the stop in the first place.” United States v. Santiago, 310 F.3d 336, 341 (5th Cir.2002) (citing United States v. Valadez, 267 F.3d 395, 397-98 (5th Cir.2001); Terry v. Ohio, 392 U.S. 1, 19-20, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968)). Officers should employ the least intrusive investigative methods that are available in order to dispel their suspicions in a short time period. Id. (quoting Florida v. Royer, 460 U.S. 491

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Bluebook (online)
16 F. Supp. 3d 740, 2014 WL 1572555, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-robertson-lamd-2014.