United States v. William Hope

906 F.2d 254, 1990 U.S. App. LEXIS 10850, 1990 WL 86783
CourtCourt of Appeals for the Seventh Circuit
DecidedJune 27, 1990
Docket88-3134
StatusPublished
Cited by56 cases

This text of 906 F.2d 254 (United States v. William Hope) 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. William Hope, 906 F.2d 254, 1990 U.S. App. LEXIS 10850, 1990 WL 86783 (7th Cir. 1990).

Opinion

FACTS

GRANT, Senior District Judge.

At approximately 1:15 a.m. on September 3, 1987, Chicago Police Officers Duane Leonard, James Naughton and John Cotter stopped two vehicles within close proximity of one another for purported traffic violations. Officers Leonard, Naughton and Cotter and other officers who arrived at the scene were assigned to the Nineteenth District Tactical Unit which focused on gang activity and narcotics. They worked in unmarked ears and wore plain clothes.

Theresa Ramirez, the driver of the first car, was stopped by Officers Leonard and Naughton when she was observed running a stop sign. Police searched the interior of the car, found marijuana in the back seat and placed Ramirez under arrest. The trunk of the car was subsequently searched, although officers at the scene testified that nothing was found during that search.

*257 The driver of the second car was William Hope. At the time, Hope was a leading member of the notorious Black Gangster Disciples gang in Chicago. Officers Leonard, Naughton and Cotter testified at trial that they recognized Hope as the driver of the second car, and that they knew, based on a check run a week or so earlier, that his driver’s license had been suspended. Based upon that information, they stopped Hope’s vehicle and asked if he could produce a valid driver’s license, to which he responded “no”. In a routine search of the interior of Hope’s car, police reported that they found a bullet and battery casing on the floorboard; that the top of the battery casing came ajar; and, that they discovered a loaded .38 revolver inside the hollowed out interior.

Hope, a convicted felon, was placed under arrest and was subsequently indicted for unlawful possession of a firearm which had previously travelled in interstate commerce, in violation of 18 U.S.C. § 922(g)(1). A superseding indictment was returned on June 27, 1988 charging the same offense.

Hope went to trial on September 6, 1988. He called one witness in his defense, Theresa Ramirez, a friend and neighbor and the driver of the first vehicle stopped by the police on September 3, 1987. Contrary to her prior statements to police, Ramirez testified at trial that the battery casing and the gun were hers, and that they were in the trunk of her car when she was stopped by the police.

The jury returned a verdict of guilty on September 9, 1988. During the sentencing phase of the proceedings, the government sought sentence enhancement under 18 U.S.C. § 924(e) on the ground that Hope had been convicted of three prior felonies. Hope’s attorney filed a “Motion to Prevent Government from Using Alleged Convictions ... to Enhance Sentencing,” which the court denied. Finding the existence of the requisite three prior felonies, the district court sentenced Hope to thirty years without parole pursuant to 18 U.S.C. § 924(e). This appeal followed.

ISSUES

Hope challenges his conviction on several grounds. He contends that police lacked probable cause to arrest him on September 3, 1987 and to make a search of his vehicle incident to that arrest; that the district court improperly admitted a stipulation showing that he had previously been convicted of deviate sexual assault, a felony, without a limiting instruction; and that the evidence admitted at the trial was insufficient, as a matter of law, to permit a rational trier of fact to find him guilty beyond a reasonable doubt. Hope also challenges the enhancement of his sentence under 18 U.S.C. § 924(e), and the effectiveness of his counsel both at trial and during sentencing.

CONCLUSIONS

I. Probable Cause for Arrest

Hope maintains that his arrest was pre-textual and without cause, and that any search incident to that arrest was therefore improper. In support of his position, Hope argues in rather summary fashion that the arrest was predicated on stale information; that the arresting officers were part of a tactical unit “engaged in aggressive police work to combat gang activity [and] narcotics ... ” whose responsibilities would not normally have included traffic patrol; and that they were obviously motivated by an improper purpose “to use a traffic arrest as a pretext for searching [his person] and his vehicle to potentially secure incriminating evidence against him” because he was a gang member.

In response, the government contends that Hope waived any pretextual arrest argument by failing to raise it at trial. Even if the issue had been properly raised, the government maintains that the arresting officers possessed sufficient information to give them probable cause to arrest, namely the fact that Hope’s driver’s license had been suspended, and that the search of his car, including any containers within the passenger area, was proper.

Although Hope urges us to adopt a subjective or “usual police practices” test in determining whether his arrest was pre- *258 textual, we note that the test in this circuit has been, and remains, purely an objective one. United States v. Trigg, 878 F.2d 1037, 1040 (7th Cir.1989); United States v. Kordosky, 878 F.2d 991, 992 (7th Cir.1989); United States v. McCarty, 862 F.2d 143, 148 (7th Cir.1988). “Under the objective test, the search incident to the arrest is legal so long as the arresting officer possesses sufficient information to give him probable cause to arrest,” Kordosky, 878 F.2d at 993, and is authorized by law to effect a custodial arrest for the particular offense. Trigg, 878 F.2d at 1041 (refusing to follow “usual police practice” approach). Probable cause to arrest exists where “the facts and circumstances within [the arresting officers’] knowledge and of which they [have] reasonable trustworthy information [are] sufficient to warrant a prudent [person] in believing that a [suspect] had committed or was committing an offense.” McCarty, 862 F.2d at 147 (quoting United States v. Lima, 819 F.2d 687, 688 (7th Cir.1987)). The officer’s subjective reasons, or “motive”, for stopping the defendant are relevant, if at all, only in establishing what facts the officer actually had knowledge of at the time of the arrest. Kordosky, 878 F.2d at 993; McCarty, 862 F.2d at 148 and n. 3.

In the present case, the arresting officers testified that a computer check had been run on Hope a week or so before his arrest which revealed that Hope’s driver’s license had been suspended. When asked whether he could produce a valid license, Hope responded that he could not. Contrary to Hope’s contention, we find that the information upon which the officers relied was not “stale.” Our decision in United States v. Longmire,

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Bluebook (online)
906 F.2d 254, 1990 U.S. App. LEXIS 10850, 1990 WL 86783, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-william-hope-ca7-1990.