United States v. Wilkie, Edward L.

182 F. App'x 533
CourtCourt of Appeals for the Seventh Circuit
DecidedMay 5, 2006
Docket05-2878, 05-3155
StatusUnpublished

This text of 182 F. App'x 533 (United States v. Wilkie, Edward L.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh 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. Wilkie, Edward L., 182 F. App'x 533 (7th Cir. 2006).

Opinion

ORDER

Edward Wilkie and Michael Clark challenge the denial of their motion to suppress drugs seized during a traffic stop. Their sole argument is that the officers unreasonably prolonged the stop beyond its “limited purpose.” We affirm.

I.

The facts are not here disputed. On June 17, 2004, Sam Sellers, an officer of the Greencastle, Indiana Police Department, and Heath Kerns, an officer of the nearby Roachdale Police Department, were patrolling on a special traffic enforcement detail on Interstate 70. Also in the car was Sellers’s assigned K-9, Jasper. At 2:09 a.m. the officers stopped a Ford F-150 truck driven by Wilkie because his license plate was not properly illuminated as required by Ind.Code § 9-19-6-4(e). Clark was Wilkie’s sole passenger. A camera mounted on Sellers’s dashboard recorded subsequent events although there is no audio. 1

As the officers approached the truck they observed four suitcases in the open bed of the truck (a fifth was later found in the extended cab) and eight or nine tree-shaped air fresheners hanging in the cab, most of them on the rear-view mirror. Sellers said he noticed “Clark’s breathing was labored and [his] carotid artery pulsating.” Wilkie gave Sellers the truck registration and part of a torn Pennsylva *535 nia driver’s license. In part to protect himself from passing traffic, Sellers ordered Wilkie to stand with him between their two vehicles while he collected information missing from the license that was needed to determine its validity. While Wilkie gave Sellers the missing information, Kerns returned to the police cruiser to summon backup. Wilkie told Sellers that he and Clark were driving home to New York from San Diego, where they had been visiting Clark’s brother for three days.

Six minutes into the stop Sellers finished talking to Wilkie. Rather than immediately calling dispatch to validate Wilkie’s license, Sellers told Wilkie to wait by the cruiser and went to speak with Clark who was still trying to locate proof of insurance, which he never located. On the video it appears that eight or nine more minutes passed before Sellers finished talking to Clark — their conversation was interrupted for a few minutes when Sellers left Clark to confer with Officer Simmons of the Putnam County Sheriff’s Department, who had just arrived in response to Kerns’s call. Clark told Sellers that he and Wilkie had spent five days in San Diego, but did not mention visiting his brother; he said they stayed at a hotel. The officers apparently spent another five minutes conferring before Sellers retrieved Jasper from his police cruiser and, eighteen to twenty minutes into the stop, ordered him to sniff around the truck. Jasper almost immediately alerted at the back of the vehicle, and a search of the four suitcases in the bed of the truck and a fifth suitcase in the cab revealed 66 kilograms of marijuana. At 2:31, just after the marijuana was discovered, Sellers called in Wilkie’s license information for validation. 2 Officers with a warrant later discovered three kilograms of cocaine in a false spare tire.

Wilkie and Clark moved to suppress the drugs, arguing as relevant to this appeal that their detention was unreasonable in scope and duration. The district court found that “[u]pon initial approach and contact with the occupants of the truck, several intervening circumstances gave rise to a reasonable and articulable suspicion of criminal activity.” Specifically, the court relied on: the defendants slowing below the speed limit, the eight or nine air fresheners, Clark’s nervousness, the four suitcases in the truck’s bed, and Wilkie’s torn driver’s license. The disparity between Wilkie’s and Clark’s account of their trip, the court further found, “added to the reasonable suspicion developed.”

II.

On appeal, Wilkie and Clark admit that their license plate was not illuminated and that this allowed Sellers to stop them. They also concede — as they must after III. v. Caballes, 543 U.S. 405, 125 S.Ct. 834, 160 L.Ed.2d 842 (2005) — that Sellers needed nothing more to deploy Jasper to sniff around their truck. But almost twenty minutes passed before Jasper indicated the presence of drugs and, they assert, much of that delay was unrelated to the stop’s “limited purpose” — issuing a warning or citation for the traffic infraction. And because Sellers’s observations during that time never yielded a reasonable suspicion of any crime other than the traffic infraction, they contend, the stop became unreasonably long in violation of the Fourth Amendment. The government cannot explain why Sellers waited instead of immediately deploying Jasper, but defends the district court’s determination *536 that reasonable suspicion justified the delay.

When reviewing the denial of a motion to suppress we review questions of law de novo and findings of fact for clear error. United States v. Mendoza, 438 F.3d 792, 795 (7th Cir.2006). The premise of the parties’ arguments is that Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968), governs police conduct during a traffic stop supported by probable cause to believe the vehicle’s occupants have committed a traffic infraction. However, such stops are arrests, Atwater v. City of Lago Vista, 532 U.S. 318, 354, 121 S.Ct. 1536, 149 L.Ed.2d 549 (2001); Whren v. United States, 517 U.S. 806, 809-10, 116 S.Ct. 1769, 135 L.Ed.2d 89 (1996), and we have rejected the premise that Terry governs them, United States v. Childs, 277 F.3d 947, 952-54 (7th Cir.2002) (en banc); see also United States v. Carpenter, 406 F.3d 915, 916 (7th Cir.2005). Though arresting officers may not unreasonably prolong a traffic stop with questions unrelated to the stop’s purpose, “[qjuestions that hold potential for detecting crime, yet create little or no inconvenience, do not turn reasonable detention into unreasonable detention.” Childs, 277 F.3d at 954.

Wilkie and Clark are partly to blame for the length of the stop. Because Wilkie’s license was missing information, Sellers had to ask him additional questions to determine whether it was valid. And Clark spent several minutes unsuccessfully trying to locate proof of insurance. The two contend that they were not required to carry proof of insurance because they were not from Indiana, and that the time Clark spent looking for the papers made the stop unreasonable. But Clark was free to tell the officers he did not have proof of insurance or could not locate it. See Childs, 277 F.3d at 954 (“all suspects ... may protect themselves fully by declining to answer”).

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Related

Terry v. Ohio
392 U.S. 1 (Supreme Court, 1968)
Whren v. United States
517 U.S. 806 (Supreme Court, 1996)
Illinois v. Caballes
543 U.S. 405 (Supreme Court, 2005)
United States v. Michael Patterson
65 F.3d 68 (Seventh Circuit, 1995)
United States v. Tommie T. Childs
277 F.3d 947 (Seventh Circuit, 2002)
United States v. Ronald Cortez Foreman
369 F.3d 776 (Fourth Circuit, 2004)
United States v. Karamoke M. Fuse
391 F.3d 924 (Eighth Circuit, 2005)
United States v. Carlos L. Carpenter
406 F.3d 915 (Seventh Circuit, 2005)
United States v. John Broomfield
417 F.3d 654 (Seventh Circuit, 2005)
United States v. Oscar O. Muriel
418 F.3d 720 (Seventh Circuit, 2005)
United States v. Walter H. Martin
422 F.3d 597 (Seventh Circuit, 2005)
United States v. Gabriel Mendoza
438 F.3d 792 (Seventh Circuit, 2006)
Atwater v. City of Lago Vista
532 U.S. 318 (Supreme Court, 2001)

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Bluebook (online)
182 F. App'x 533, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-wilkie-edward-l-ca7-2006.