United States v. Williams

321 F. Supp. 3d 594
CourtDistrict Court, D. South Carolina
DecidedMay 14, 2018
DocketCase No. 4:18-cr-00086-DCC
StatusPublished

This text of 321 F. Supp. 3d 594 (United States v. Williams) is published on Counsel Stack Legal Research, covering District Court, D. South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Williams, 321 F. Supp. 3d 594 (D.S.C. 2018).

Opinion

Donald C. Coggins, Jr., United States District Judge

This matter is before the Court on Defendant's Motion to Suppress. ECF No. 43. The Government filed a Response. ECF No. 50. Accordingly, the Motion is ripe for consideration.

BACKGROUND

On January 23, 2018, Defendant was indicted for numerous drug and firearm charges resulting from a traffic stop in Myrtle Beach, South Carolina. Defendant filed a Motion to Suppress the drugs and firearms seized during the traffic stop, and the Court held a suppression hearing on May 3, 2018.

At the suppression hearing, the Government offered the testimony of Officer Ed Gordon, a patrol officer with the Horry County Police Department with more than twenty-years of experience and extensive experience in drug investigations; Officer Gordon testified as follows. On the evening of Defendant's arrest, November 29, 2016, Officer Gordon was conducting surveillance of the Sea Mist Resort. On prior occasions, officers had observed street level drug deals at the Sea Mist Resort, which led to Officer Gordon's surveillance on the evening of Defendant's arrest. Officer Gordon positioned himself across the street from the Sea Mist Resort and observed what appeared to be hand-to-hand drug transactions. Specifically, Officer Gordon observed runners standing outside of a hotel room. These runners appeared to deliver drugs to pedestrians and individuals in vehicles who approached the Sea Mist Resort. When Officer Gordon observed an alleged hand-to-hand drug transaction with an individual in a vehicle, *596he called out the identity of the vehicle to narcotics officers nearby in unmarked vehicles. Officers in the unmarked vehicles would follow the subjects until they committed a traffic violation, and then a marked unit would pull the subjects over.

After witnessing a number of these apparent hand-to-hand drug transactions, Officer Gordon observed Defendant appearing to emerge from the area of the room where the runners were standing and watched Defendant interact with the runners. Additionally, Officer Gordon stated Defendant spoke with another man, but they walked out of Officer Gordon's line of sight. The other man got into a red Cadillac while Defendant got into a white Audi; then, both men left the Sea Mist Resort. Officer Gordon called out the identity of both vehicles and they were stopped by law enforcement.1 Officer Gordon testified that his familiarity with drug dealing in the Horry County area, combined with Defendant's actions, gave rise to a reasonable suspicion that Defendant was engaged in criminal activity.

On cross-examination, Officer Gordon admitted that he prepared no report on the evening of the arrest. Officer Gordon also admitted that simply being in the proximity of drug transactions does not mean a person is involved in drug dealing. Defendant introduced evidence that Defendant was a registered guest at the Sea Mist Resort on the evening of his arrest. Accordingly, Defendant had a valid reason for being at the Sea Mist Resort; however, this information was not known by law enforcement on the evening of Defendant's arrest. Nevertheless, Officer Gordon testified that his opinion would not have changed even had he known Defendant was a registered guest.

The Government offered Corporal Justin Miller as its second witness. Corporal Miller conducted the traffic stop on the evening of the arrest and has been employed by the Horry County Police Department for fourteen years. Corporal Miller was assigned to the Street Crimes Unit on the evening of Defendant's arrest. Corporal Miller testified that Officer Gordon called out two vehicles-Defendant's Audi and a red Cadillac. An unmarked vehicle driven by another officer observed Defendant commit a traffic violation, and Corporal Miller then stopped Defendant's vehicle. Corporal Miller testified that he believed he had reasonable suspicion to detain Defendant based on his knowledge of why Officer Gordon was at the Sea Mist Resort and based on Officer Gordon calling out Defendant's vehicle.

Corporal Miller stopped Defendant and asked him for his license, registration, and proof of insurance. Corporal Miller relayed this information to dispatch, and while he was waiting for a response, asked Defendant to step out of the vehicle for questioning. Defendant explained that he was staying at the Sea Mist Resort while in Myrtle Beach doing hurricane relief work. Corporal Miller asked the Defendant for consent to search his vehicle, and Defendant declined. Corporal Miller then returned to his patrol car and radioed that he needed a drug dog at the scene because he could not get into Defendant's vehicle. While waiting on the canine, Corporal Miller started to write Defendant a ticket. He finished writing the ticket and running Defendant's information through dispatch before the canine officer arrived at the scene.

When the canine officer arrived, she walked her dog around the vehicle. It is *597not entirely clear from the video's angle, but it appears that the dog alerted on the driver's side of Defendant's vehicle. Officers searched Defendant's vehicle and found a variety of drugs and firearms, which resulted in Defendant's arrest.

APPLICABLE LAW

Fourth Amendment and Traffic Stops

"The Fourth Amendment provides in relevant part that '[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated.' " United States v. Jones , 565 U.S. 400, 404, 132 S.Ct. 945, 181 L.Ed.2d 911 (2012) (quoting U.S. Const. amend. IV ). "Time and again, [the Supreme] Court has observed that searches and seizures conducted outside the judicial process, without prior approval by judge or magistrate are per se unreasonable under the Fourth Amendment-subject only to a few specifically established and well delineated exceptions." Minnesota v. Dickerson , 508 U.S. 366, 372, 113 S.Ct. 2130, 124 L.Ed.2d 334 (internal quotation marks omitted). "The exclusionary rule 'generally prohibits the introduction at criminal trial of evidence obtained in violation of a defendant's Fourth Amendment rights.' " United States v. Stephens , 764 F.3d 327, 335 (4th Cir. 2014) (quoting Penn. Bd. of Prob. & Parole v. Scott , 524 U.S. 357

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Bluebook (online)
321 F. Supp. 3d 594, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-williams-scd-2018.