United States v. Terry Lamont Herbin

343 F.3d 807, 2003 U.S. App. LEXIS 18993, 2003 WL 22118350
CourtCourt of Appeals for the Sixth Circuit
DecidedSeptember 15, 2003
Docket02-5143
StatusPublished
Cited by21 cases

This text of 343 F.3d 807 (United States v. Terry Lamont Herbin) 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. Terry Lamont Herbin, 343 F.3d 807, 2003 U.S. App. LEXIS 18993, 2003 WL 22118350 (6th Cir. 2003).

Opinion

OPINION

SUTTON, Circuit Judge.

A federal grand jury indicted Terry Lamont Herbin for violating 18 U.S.C. § 922(g), which prohibits convicted felons from possessing firearms, after the police seized a .38 caliber handgun from the car in which Herbin was a passenger. Herbin moved to suppress the firearm, arguing that narcotics officers violated the Fourth Amendment when they used traffic violations as a pretext to stop the car. The District Court granted the motion and suppressed the weapon. We REVERSE.

I.

On July 3, 2001, several narcotics agents, driving unmarked cars, tailed two vehicles in Johnson City, Tennessee. The first car was driven by Lisa Thompson, and included Herbin in the passenger seat. The second car was driven by Herbin’s brother. In tailing the vehicles, the agents admitted that their primary mission was to pursue a drug-trafficking investigation, not to enforce the traffic laws. The agents acknowledged that they had information that Terry Herbin was in the area for the purpose of distributing narcotics.

The two drivers — Ms. Thompson and Herbin’s brother — soon gave the agents another explanation for stopping the cars. The agents observed both cars run a red light and, later, saw Thompson’s car cross the center line twice. When the two cars eventually pulled into a parking lot, the agents activated their lights and initiated a traffic stop.

As the agents approached the cars, Her-bin’s brother exited the second car as if to flee. The agents drew their weapons and ordered him to stop. One of the agents then reached into Lisa Thompson’s car through the window and removed the key from the ignition. The officers asked Ms. Thompson and Terry Herbin to exit the car in which they were riding and to remain at the scene.

Although Agent Thompson testified that he stopped the vehicles to issue a citation and to determine whether Ms. Thompson was intoxicated (because she had crossed the center fine), the agents never pursued the traffic violations. They did not ask for drivers’ licenses, “run the tags” on the vehicles, perform any field sobriety tests, *809 or issue any tickets. What they did do once they had obtained order over the area was to ask Ms. Thompson for permission to search her car for contraband. Ms. Thompson consented, and the search revealed a loaded .88 caliber handgun beneath the passenger seat in which Herbin had been sitting.

Presumably on the basis of this evidence, a grand jury indicted Herbin for violating 18 U.S.C. § 922(g), which prohibits convicted felons from possessing firearms. Herbin moved to suppress the weapon. A magistrate judge recommended denying the motion because (1) the stop was supported by probable cause that traffic violations had occurred and (2) the driver had consented to the subsequent search of her vehicle.

The District Court disagreed. In its view, “the initial traffic stop in this case was a pretext, [ ] the subsequent detention of the defendant and the officers’ actions were not related to the circumstances justifying the initial stop, and [ ] the search incident to that stop was in violation of the defendant’s Fourth Amendment rights.” The Government appealed.

II.

We review the District Court’s legal conclusions de novo, United States v. Bailey, 802 F.3d 652, 656 (6th Cir.2002), and, finding them erroneous, need not question its factual findings.

This case does not mark a new path. In Whren v. United States, 517 U.S. 806, 812-13, 116 S.Ct. 1769, 135 L.Ed.2d 89 (1996), the Supreme Court held that the legality of a traffic stop turns on the validity of the officers’ objective explanation for making the stop, not on the subjective intentions of the officers in initiating the stop. A traffic stop supported by probable cause, Whren makes clear, may not be invalidated under the Fourth (and Fourteenth) Amendment on the ground that the officers stopped the car for “pretextual” reasons which is to say, acted upon a violation of one set of laws (e.g., run-of-the-mill traffic laws) in order subjectively to enforce another set of laws (e.g., drug-trafficking laws). In the words of Whren: “Subjective intentions play no role in ordinary, probable-cause Fourth Amendment analysis.” Id. at 813, 116 S.Ct. 1769. See also Arkansas v. Sullivan, 532 U.S. 769, 771-72, 121 S.Ct. 1876, 149 L.Ed.2d 994 (2001) (per curiam) (holding that a custodial arrest for a traffic violation and search incident to arrest do not violate the Fourth Amendment just because the officer had an improper subjective motivation for making the stop).

Both before and after Whren, this Court has adhered to this principle. In United States v. Bailey, 302 F.3d 652 (6th Cir.2002), in rejecting a similar argument, the Court held that two officers had lawfully stopped a motorist whom they had witnessed driving down the wrong side of the road. That the officers were allegedly “making traffic stops” as a “pretext” to investigate complaints of drug activity was “irrelevant,” we emphasized, because the officers “had probable cause to stop [the motorist] for a traffic violation.” Id. at 656-57. Nor did we stray from this path in United States v. Burton, 334 F.3d 514 (6th Cir.2003), in holding that the Fourth Amendment permitted a police officer to stop a car that he observed parked in a no-parking area, regardless of the officer’s subjective motivation for the stop. Id. at 516-17. See also United States v. Hill, 195 F.3d 258, 264 (6th Cir.1999) (“an officer may stop a vehicle for a traffic violation when his true motivation is to search for contraband, as long as the officer had probable cause to initially stop the vehicle”); United States v. Ferguson, 8 F.3d 385, 391 (6th Cir.1993) (en banc).

*810 Measured by these precedents, the District Court’s decision cannot stand. Under Whren and this Court’s cases, the -District Court’s finding that the initial traffic stop was “a pretext” is legally beside the point. No one disputes that the agents had probable cause to stop Ms. Thompson’s car when it ran a red light and twice crossed the center line. Accordingly, the agents had an objectively justifiable basis for stopping the car.

Nor do the officers’ subjective intentions become relevant in assessing the agents’ conduct after the initial stop.

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Bluebook (online)
343 F.3d 807, 2003 U.S. App. LEXIS 18993, 2003 WL 22118350, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-terry-lamont-herbin-ca6-2003.