United States v. Wagner

193 F. App'x 463
CourtCourt of Appeals for the Sixth Circuit
DecidedAugust 23, 2006
Docket05-5639
StatusUnpublished
Cited by3 cases

This text of 193 F. App'x 463 (United States v. Wagner) 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. Wagner, 193 F. App'x 463 (6th Cir. 2006).

Opinion

PER CURIAM.

Following a jury trial, Anthony Christopher Wagner was convicted of possession of methamphetamine, in violation of 21 U.S.C. § 844, and of possession of pseudoephedrine and chemicals and materials for the production thereof, in violation of 18 U.S.C. § 2 and 21 U.S.C. §§ 2, 841(c)(2), and 21/843" style="color:var(--green);border-bottom:1px solid var(--green-border)">843(a)(6). Wagner was also convicted of being a felon in possession of a firearm and ammunition, in violation of 18 U.S.C. §§ 922(g) and 922(a)(2). He now appeals those convictions, arguing that the drugs and guns he was convicted of possessing were seized illegally, and that the district court erred in denying his motion to suppress. He also argues that the gun charges were improperly joined with the drug charges, contrary to Criminal Rule 8(a). We affirm his conviction.

I

On January 15, 2004, Wagner and his girlfriend Jennifer Smith were checking *465 out at the Wal-Mart store in Sparta, Tennessee. Among the many items they purchased there were several products used in the making of methamphetamine, including HEET gas-line antifreeze, a propane canister, steel wool, a plastic drop cloth, rubbing alcohol, peroxide, and coffee filters. As fate would have it, White County Sheriffs Deputy Rudy Cruz, who was making a purchase of his own, observed Wagner and Smith buying these items. Suspecting that they were to be used in a meth lab, Cruz followed the couple out of the store, and when they drove away in Smith’s truck, Cruz followed in his squad car.

Cruz tailed Smith’s truck for about twelve miles, during which time he learned from his dispatcher that the truck was registered to a “Jennifer Smith,” and that a nearby county had an outstanding warrant for the arrest of a person of that name. The warrant did not, however, include the middle initial, date of birth, or social security number of this Jennifer Smith, and so Cruz did not feel certain that its subject was the same person as the woman to whom the truck he was following was registered. (It later turned out that the warrant was not for Wagner’s girlfriend.) Nevertheless, Cruz finally activated his lights, pulled the truck over, and arrested Smith. The ensuing search of the truck turned up the materials just purchased at the store as well as a loaded .357 Magnum.

Wagner objects to this search on various grounds, but he concedes that he had no legitimate expectation of privacy in the contents of his girlfriend’s truck, and thus can object to the search only by contesting the validity of the initial stop. See United States v. Carter, 14 F.3d 1150, 1154 (6th Cir.1994). Wagner argues, however, that the illegality of the stop alone would require suppression of the results of the subsequent searches, as the results of those searches would then be the “fruit of the poisonous tree” of the illegal stop under Wong Sun v. United States, 371 U.S. 471, 487-88, 83 S.Ct. 407, 9 L.Ed.2d 441 (1963).

First, we note that Wagner’s reliance on Carter may be misplaced. Although “[a] passenger, like anyone else, obviously has a right not to be detained illegally,” Carter, 14 F.3d at 1154, the victim of an illegal detention has standing under Wong Sun to challenge the results of only such searches as were the direct ‘fruit’ of the detention. In Carter, we held that a passenger had no standing to move for the suppression of drugs found in the car in which he had been traveling, because their discovery was the fruit not of his illegal detention, but of the driver’s. Ibid. In this case, however, it is not clear whether Deputy Cruz, in pulling over Smith’s truck, was effecting a detention of Smith only (with Wagner’s detention occurring incidentally) or of both Wagner and Smith. If the latter, Wagner might have standing under Wong Sun to challenge the stop and its fruit. As we will explain, however, even if Wagner does have standing to challenge the stop, his challenge will fail.

On appeal of a denial of a motion to suppress, we review the district court’s supporting findings of fact for clear error and its conclusions of law de novo. United States v. Hudson, 405 F.3d 425, 431 (6th Cir.2005). Because there is no serious dispute between the parties about the facts leading up to Deputy Cruz’s stop of Jennifer Smith’s truck, the question presented here is simply whether the stop was “reasonable” within the meaning of the Fourth Amendment.

Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968), “permits a police officer briefly to detain a person or property for investigative purposes if the officer *466 has a reasonable suspicion, supported by articulable facts, that criminal activity has occurred or is about to occur.” United States v. Davis, 430 F.3d 345, 353 (6th Cir.2005). In United States v. Townsend, 330 F.3d 438, 439 (2003), a tip from a WalMart employee that meth-making products had just been purchased, coupled with the police’s knowledge that the registrant of the vehicle in which the purchaser drove away had previously been involved with methamphetamine, was held by this court to be grounds for a Terry stop of that vehicle.

In our case, Deputy Cruz was an eyewitness to Wagner’s purchase of items constituting a veritable shopping list for a methlab operator. These observations constitute articulable facts in support of a reasonable suspicion that criminal activity was occurring. Wagner’s argument that Cruz’s twelve-mile “hesitation” before stopping the truck demonstrates that he did not think he had grounds for a stop is unpersuasive. The test for reasonable suspicion is not whether the detaining officer subjectively believes that the circumstances create a reasonable suspicion, but whether there is “a particularized and objective basis for suspecting legal wrongdoing.” United States v. Arvizu, 534 U.S. 266, 273, 122 S.Ct. 744, 151 L.Ed.2d 740 (2002) (internal quotation marks omitted).

II

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Bluebook (online)
193 F. App'x 463, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-wagner-ca6-2006.