United States v. Turvin

517 F.3d 1097, 2008 U.S. App. LEXIS 4080, 2008 WL 495861
Court of Appeals for the Ninth Circuit·Decided February 26, 2008·No. 01-35150·Published·Cited by 78 cases

Opinions

Opinion by Judge WALLACE; Dissent by Judge PAEZ.

WALLACE, Senior Circuit Judge:

The government appeals from the district court’s order suppressing evidence obtained from the search of Turvin’s vehicle. While Turvin was waiting for a police officer to issue a traffic citation, the officer questioned Turvin about methamphetamine and obtained Turvin’s consent to search his vehicle for contraband. The district court held that the officer’s questions about methamphetamine and request to conduct a search, unsupported by reasonable suspicion, turned an initially reasonable detention into an unconstitutional one and rendered Turvin’s consent involuntary. We have jurisdiction pursuant to 18 U.S.C. § 3731 and we reverse.

I.

On the evening of November 20, 2005, Alaska State Trooper Christensen stopped a white pickup truck based on the truck’s unusually loud exhaust, rapid acceleration around a turn involving minor skidding, and driving six miles over the speed limit in snowy conditions. When he approached the truck, which had entered a gas station parking lot, the Trooper observed that neither occupant appeared to be wearing a seatbelt and that the truck’s registration was expired. He asked the occupants for identification; the driver was Sean T. Tur-vin and the occupant was Corina L. Cunningham. The Trooper talked to them for three or four minutes about the violations he had observed and then returned to his police vehicle, where he radioed headquarters to conduct a warrant and license check. The response informed him that Turvin’s driver’s license was current and valid.

About ten minutes after the stop began, while Christensen sat in his vehicle writing out traffic citations, Trooper Powell arrived at the scene. Powell had heard Christensen on the police radio and recognized Turvin’s name because he knew that a “rolling methamphetamine laboratory” had been found in Turvin’s vehicle following a traffic stop earlier that year.

When Powell arrived, he recognized Turvin and Turvin’s truck, and informed Christensen about the prior incident. Christensen then stopped writing out the traffic citations, turned on his tape recorder, and stepped out to speak with Turvin, who was still in his truck. Powell positioned himself at the rear of Turvin’s truck to assist if needed.

Upon approaching the truck, Christensen told Turvin that he knew about the rolling methamphetamine laboratory, which Turvin acknowledged. Christensen then observed something in plain view be[1099] hind Turvin’s seat, which Turvin identified as a speaker box. Christensen then asked Turvin if he would mind if Christensen searched his vehicle because the speaker box, Christensen said, “look[ed] very odd.” The conversation was calm and relaxed, and Turvin consented to the search without equivocation.

The search ultimately yielded a sawed-off shotgun 1 inches below the minimum legal length and a small cup containing packages of a crystal substance determined by field test to be methamphetamine. Turvin was placed in custody when the methamphetamine packages were discovered.

Turvin and Cunningham were cited for not wearing seatbelts, and Turvin was cited for his truck’s loud exhaust. Cunningham was arrested based on her proximity to the drugs found in the cup. A search of Cunningham revealed $773 in cash. Later, when police examined the cash at the police station, they found mixed in among the bills a plastic bag containing a substance suspected to be methamphetamine.

Turvin and Cunningham were indicted for conspiracy to traffic methamphetamine and possession with intent to distribute five grams or more of methamphetamine. Turvin was also indicted for possession of a prohibited firearm. Turvin filed a motion to suppress, which Cunningham joined, arguing that “the police had no reasonable suspicion for the prolonged detention,” and that Turvin’s consent to the search of his truck was involuntary.

The district court granted Turvin’s motion to suppress, adopting the magistrate judge’s (MJ) recommendation that, though the initial traffic stop was lawful and based on probable cause that a traffic violation had occurred, Christensen “exceeded the scope of the traffic stop” by “investigating] into suspected drug activities beyond the scope of the traffic stop during the time that Turvin was not free to leave.” The MJ and district judge agreed that this investigation violated Turvin’s Fourth Amendment rights as explained by us in United States v. Chavez-Valenzuela, 268 F.3d 719 (9th Cir.2001). Turvin’s consent to the search, the MJ reasoned, did not render the search lawful because it was obtained during “an extended and an unlawful detention arising from a traffic stop.” The district judge denied the government’s motion for reconsideration and the government timely appealed.

II.

We review for clear error the district court’s underlying findings of fact and de novo the district court’s ruling on a motion to suppress. United States v. Miranda-Guerena, 445 F.3d 1233, 1236 (9th Cir.2006). The only disputed issue on appeal is whether Christensen violated Turvin’s and Cunningham’s Fourth Amendment rights by asking questions unrelated to the purpose of the stop that unreasonably extended the duration of the initially lawful traffic stop.

A.

Our analysis of the district court decision is based primarily on our recent and on-point decision in United States v. Mendez, 476 F.3d 1077 (9th Cir.2007), which we decided after the district court’s final ruling. In Mendez, we rejected a Fourth Amendment claim despite the fact that police officers in that case had, without reasonable suspicion, asked Mendez questions unrelated to the purpose of an initially lawful traffic stop. Id. at 1081. In so deciding, we acknowledged that the Supreme Court had overruled those portions of Chavez-Valenzuela (the case upon which the district court’s decision was based) that required police officers to have reasonable suspicion to ask questions be[1100] yond the scope of a traffic stop. Id. at 1080.

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United States v. Turvin, 517 F.3d 1097, 2008 U.S. App. LEXIS 4080, 2008 WL 495861 (9th Cir. 2008).

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