United States v. Rogers

199 F. App'x 311
Court of Appeals for the Fifth Circuit·Decided August 7, 2006·No. No. 04-50957·Published·Cited by 1 cases

Opinion

PER CURIAM: *

Edward Eugene Rogers filed a motion to suppress evidence obtained as a result of a traffic stop, asserting that his Fourth Amendment rights were violated because there was no reasonable suspicion to believe that he violated traffic laws or was otherwise engaged in criminal activity. Rogers appeals from the denial of the motion to suppress.

The district court sentenced Rogers to a mandatory guidelines sentence of twelve months and one day to be followed by three years of supervised probation — a Fanfan error. The judgment includes an alternative sentence of five years probation if the federal sentencing guidelines did not apply. We affirm the denial of the motion to suppress, vacate Rogers’s sentence, and remand to the district court for resentencing.

I. FACTUAL AND PROCEDURAL BACKGROUND

Edward Eugene Rogers was charged by indictment with being a felon in possession of a firearm. He moved to suppress the firearms seized during the warrantless search of his vehicle, arguing in relevant part that the officers lacked reasonable suspicion for the traffic stop. The Government responded that the officers stopped Rogers’s vehicle for violating Texas traffic laws after ATF agents alerted them that Rogers was a convicted felon in possession of a firearm. The following testimony of San Antonio, Texas, police officer Scott Arriaga was adduced at the hearing on the motion.

On December 6, 2003, Arriaga was contacted by ATF agent Chris Benavides, who was working a gun show with another agent. When asked what Benavides communicated to him in that call, Arriaga testified: “That they were watching a person who had purchased a handgun at a gun show. Apparently, he was a convicted felon, wasn’t supposed to be purchasing the handgun at the time.” Arriaga testified that he believed Benavides identified the individual as Edward Rogers and gave Arriaga a description of Rogers and the pickup truck in which Rogers left the gun show. Benavides asked Arriaga and his partner, John Pagóla, to develop a basis to stop Rogers’ vehicle and, therefore, he and Pagóla were on the look-out for a traffic violation.

Arriaga saw the truck leave the parking lot near the gun show and followed; Pagóla drove the patrol car. Arriaga observed Rogers’s truck pull into a convenience store located near the gun show. Arriaga further testified as follows: Arriaga did not know why he and Pagóla were looking for a traffic violation. Benavides said he “observed someone purehas[e] a handgun, give it to [Rogers] and [Rogers] put[ ] it in his pocket,” and saw Rogers get into the truck. According to Arriaga, that was sufficient for the officers to stop the truck. Nevertheless, it was not unusual for the [314] patrol officers to be told to develop some kind of probable cause to stop a vehicle.

After Rogers left the convenience store, Pagóla and Arriaga continued to follow in their squad car. The patrol officers initiated a traffic stop because they observed smoke coming out of the truck’s exhaust and saw that there was no center rear-view mirror inside the truck.1 As Arriaga approached the passenger side of the vehicle where Rogers’s wife was seated, he observed a scope between the seats. Arriaga asked Rogers’s wife to get out of the truck. As she did so, Arriaga saw a rifle underneath the back seat in the truck, in addition to the scope he had observed between the seats. Rogers stayed in the truck until ATF agents arrived.

At the close of the suppression hearing, the district court ordered supplemental briefs regarding the legality of the stop based on Benavides’s knowledge. The Government thereafter argued pursuant to the collective knowledge doctrine that (1) the ATF agents had both reasonable suspicion and probable cause to stop Rogers based on their observation of him purchasing a handgun and their knowledge that he was a convicted felon and (2) Arriaga objectively relied on that information as communicated to him by Benavides and, therefore, the stop was legal. Rogers responded that the collective knowledge doctrine was inapplicable because there was no testimony adduced that the ATF agents knew that Rogers was a felon or that they communicated this fact to Arriaga. Rogers specifically contended that the Government had mischaracterized Arriaga’s testimony that “[Apparently, [Rogers] was a convicted felon” as an affirmative statement made to Arriaga by Benavides.

The district court denied the motion to suppress without reasons. Subsequently, Rogers entered a conditional plea of guilty, reserving the right to appeal the denial of the motion to suppress evidence obtained after a traffic stop of the vehicle he was driving. On September 10, 2004, the district court ordered Rogers imprisoned for a term of twelve months and one day.

Rogers appeals from the order denying his motion to suppress the evidence obtained due to of the traffic stop as fruit of a Fourth Amendment violation.

II. STANDARD OF REVIEW

On appeal from the denial of a motion to suppress, we review conclusions of law de novo, including whether there was reasonable suspicion for the search; findings of fact are reviewed for clear error. United States v. Alvarez, 451 F.3d 320, 329 (5th Cir.2006); United States v. Roberts, 274 F.3d 1007, 1011 (5th Cir.2001). Additionally, we “view[ ] the evidence ‘in the light most favorable to the prevailing party.’ ” Alvarez, 451 F.3d at 329 (quoting United States v. Gibbs, 421 F.3d 352, 356-57 (5th Cir.2005)); United States v. Jones, 234 F.3d 234, 239 (5th Cir.2000). “The denial should be upheld if there is any reasonable view of the evidence to support it.” Roberts, 274 F.3d at 1011 (internal quotation marks omitted).

Although a warrantless seizure is “per se unreasonable unless [it] fall[s] within a few narrowly defined exceptions,” United States v. Kelly, 302 F.3d 291, 293 (5th Cir.2002), “a reviewing court should take care both to review findings of historical fact only for clear error and to give due weight to inferences drawn from those facts by resident judges and local law en[315] forcement officers.” Ornelas v. United States, 517 U.S. 690, 699, 116 S.Ct. 1657, 134 L.Ed.2d 911 (1996).

III. DISCUSSION

A. Motion to Suppress

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United States v. Rogers, 199 F. App'x 311 (5th Cir. 2006).

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