United States v. Virgil Owens

101 F.3d 559, 1996 WL 683709
CourtCourt of Appeals for the Eighth Circuit
DecidedJanuary 2, 1997
Docket96-2209
StatusPublished
Cited by9 cases

This text of 101 F.3d 559 (United States v. Virgil Owens) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth 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. Virgil Owens, 101 F.3d 559, 1996 WL 683709 (8th Cir. 1997).

Opinion

MAGILL, Circuit Judge.

This is an interlocutory appeal, pursuant to 18 U.S.C. § 3731 (1994), of a district court order suppressing evidence in a criminal trial. The defendant, Virgil Owens, is charged with being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1) (1994). Owens moved in the district court to suppress all the evidence seized from the vehicle in which he was a passenger during an investigatory stop. The district court granted his motion on April 17, 1996, and denied the government’s application for reconsideration on May 3, 1996. Because we conclude that the investigatory stop did not violate Virgil Owens’s Fourth Amendment rights, we reverse the district court’s order.

I.

During the early morning of September 21,1994, an informant notified the police that a group of individuals, which included Owens, had checked into the Roadway Inn in Des Moines, Iowa. One member of the group asked for directions to a location known for heavy drug trafficking. The group was traveling in two vehicles, a Cadillac and a Ford minivan, both with Minnesota license plates. The police learned that the minivan was a rental vehicle and was rented to a person who had been arrested on drug charges in 1992. Police officers Michael Stueckrath and Mark Nagel were briefed on this information and were assigned to investigate this group’s activities.

That afternoon, Officers Stueckrath and Nagel observed the group leave the Roadway Inn. The group used both vehicles and drove in tandem, with the minivan leading and the Cadillac following. Officer Stueek-rath followed behind the Cadillac in an unmarked police car. While tailing the vehicles, he observed one of the occupants of the Cadillac hollowing out the inside of a cigar to make a “blunt.” Blunts are often used to smoke marijuana; the hollowed out center is stuffed with marijuana and then lit. The excess tobacco from the cigar was thrown out of the window of the Cadillac and some of the tobacco landed on Officer Stueckrath’s windshield.

Officer Stueckrath radioed for assistance shortly before the two vehicles pulled into the drive-through lane of a Burger King restaurant. At this point, the Cadillac was ahead of the minivan in the drive-through lane. Two police officers who had arrived on the scene identified themselves to the occupants of the Cadillac and the minivan as they emerged from the drive-through lane. The officers asked the drivers to pull into the adjoining parking lot so that the officers could talk with them. Both drivers complied.

Officer Stueckrath approached the Cadillac and identified himself as a police officer to the driver of the car. As Officer Stueckrath approached the car, he could see the blunt in the car ashtray. He asked the driver, Scott Davis, for permission to search the car. Davis consented. Davis then pulled a bag of marijuana out of his pants pocket. When Officer Stueckrath spotted the bag, he shouted to the other officers that he had found drugs.

Meanwhile, Officer Chris Mahlstadt approached the driver’s side of the minivan. At this time, Sergeant Jerry Jones — standing on the passenger side of the minivan — heard Officer Stueckrath’s announcement that drugs had been found. Officer Jones immediately asked the occupants of the minivan to exit the vehicle. When the defendant, Owens, exited the passenger side of the minivan, Sergeant Jones saw a 9mm gun on the floor between the door and the front passenger seat where Owens had been sitting. Sergeant Jones shouted “gun,” and the other officers conducted patdown searches of all of the occupants of the vehicles.

Officer Nagel asked Clifton, the driver of the minivan, for permission to search the minivan. Clifton consented. When he searched the minivan, Officer Nagel found a *561 gym bag with 9mm ammunition and legal documents addressed to Owens.

Defendant Owens is before the district court on the charge of being a felon in possession of a firearm. The district court granted his motion to suppress all the evidence obtained from the minivan on the ground that the stop of the minivan was unreasonable and was therefore prohibited by the Fourth Amendment. The government appeals this decision. We reverse. 1

When reviewing a district court’s decision to suppress evidence seized during a warrantless investigatory stop, we must consider whether the police had reasonable suspicion of illegal activity justifying the war-rantless search. See Ornelas v. United States, — U.S. —, —, 116 S.Ct. 1657, 1663, 134 L.Ed.2d 911 (1996); see also Terry v. Ohio, 392 U.S. 1, 21-22, 88 S.Ct. 1868, 1880, 20 L.Ed.2d 889 (1968) (To determine whether a certain police action, such as a warrantless stop, was unreasonable, we ask “would the facts available to the officer at the moment of the seizure or the search warrant a man of reasonable caution in the belief that the action taken was appropriate?” (internal quotations omitted)). The existence of reasonable suspicion is a question of law, which we review de novo. Ornelas, — U.S. at —, 116 S.Ct. at 1663.

Owens argues that the evidence seized from the minivan should be suppressed because the stop of the minivan was unreasonable and in violation of his Fourth Amendment rights. We disagree.

The Fourth Amendment guarantees “[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.” U.S. Const. amend TV. The act of stopping an automobile and detaining its occupants constitutes a seizure. See Delaware v. Prouse, 440 U.S. 648, 653, 99 S.Ct. 1391, 1395-96, 59 L.Ed.2d 660 (1979). “An automobile stop is thus subject to the constitutional imperative that it not be ‘unreasonable’ under the circumstances.” Whren v. United States, — U.S. —, —, 116 S.Ct. 1769, 1772, 135 L.Ed.2d 89 (1996).

A police officer may stop an automobile if he has “reasonable suspicion” that the occupant of the automobile is subject to seizure for violation of the law. Prouse, 440 U.S. at 663, 99 S.Ct. at 1401. An officer has reasonable suspicion sufficient to make a stop without a warrant if the police officer can point to “specific and articulable facts which, taken together with rational inferences from those facts, reasonably warrant that intrusion.” Terry, 392 U.S. at 21, 88 S.Ct. at 1880.

Based on the facts before us, we hold that the police officers had sufficient reasonable suspicion to stop the minivan.

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Bluebook (online)
101 F.3d 559, 1996 WL 683709, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-virgil-owens-ca8-1997.