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Order Denying Motion to Suppress Evidence — United States v. Xavier D. Cooper (Document 33)

Summary

This is an order denying a motion to suppress evidence in the Southern District of Mississippi, Northern Division, Cause No. 3:19-cr-60-DCB-FKB, United States against Xavier D. Cooper. The Court recounts a hearing on August 25, 2020 and supplemental briefing on whether a traffic stop was proper, given the timing of the stop and when officers received confirmation of a license tag violation. The background describes a be-on-the-lookout alert for a yellow Camaro tied to gas station burglaries in the Clinton area on May 22, 2017. The Court calls the timing issue a close call, and states that officers had confirmation of a switched license plate in violation of Mississippi law. It orders the Motion to Suppress Evidence as Fruit of an Illegal Stop DENIED on October 1, 2020.

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Cite this document

“Order Denying Motion to Suppress Evidence — United States v. Xavier D. Cooper (Document 33).” Original at archive.org. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/court-filing-no-3-19-cr-00060-dkt-33-s-d-miss-9d67cf6832/, SHA-256 35f04048010e1dbb385c5e236f4bb1d98ef3650f7d6d1b7c480b08f9e7dc64c8.

Full text

     Case 3:19-cr-00060-DCB-FKB Document 33 Filed 10/01/20 Page 1 of 18



                 IN THE UNITED STATES DISTRICT COURT

              FOR THE SOUTHERN DISTRICT OF MISSISSIPPI

                            NORTHERN DIVISION

UNITED STATES

v.                                        CAUSE NO. 3:19-cr-60-DCB-FKB

XAVIER D. COOPER                                                DEFENDANT



              ORDER DENYING MOTION TO SURPRESS EVIDENCE

     This matter is before the Court on Defendant Xavier D.

Cooper (“Cooper”)’s Motion to Suppress Evidence as Fruit of an

Illegal Stop [ECF No. 26](the “Motion”).         The Court held a

hearing on August 25, 2020, during which the Court heard

arguments from both parties and testimony from the Government’s

witness.   At the close of the hearing, the Court requested

supplemental briefing from the parties regarding whether the

traffic stop was proper under Fourth Amendment search and

seizure law given the timing of (i) the traffic stop; and (2)

when the arresting officers received confirmation of Cooper’s

license tag violation.      Having reviewed the Motion, response

thereto, the parties’ supplemental briefs, the hearing

transcript and documents entered into evidence at the hearing,

applicable statutory and case law, and being otherwise fully

informed of the premises, the Court finds as follows:



                                     1
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                               Background

     On the evening of May 22, 2017, while on a routine patrol in

Hinds County, Mississippi, Officers Manor 1 and Trussell of the

Clinton Police Department (“CPD”) received a be-on-the-lookout

alert (“BOLO”) for a yellow Camaro.         Hearing Transcript [ECF No.

31-1] (“Tr.”) at 11.    CPD disseminated the BOLO in connection with

prior armed robberies or burglaries of gas stations in the Clinton

area, which had put employees on high alert.        CPD Incident Report

No. 17-00013629-001, Govt.’s Hearing Ex. G-1 at 15. 2          The yellow

Camaro had been seen at or around the time of one of the burglaries

through video surveillance and was spotted again at two of the

burglarized stations on May 22, 2017.         Tr. at 10; Ex. G-1 at 7.

Two different named individuals who worked at the burglarized gas

stations reported information regarding the suspicious vehicle to

CPD on May 22, 2017.    Ex. G-1 at 7,    Exs. G-3 & G-4.    The operator

of the Shell station on Northside Drive at Briars Drive in Hinds

County called CPD around 8:15 p.m. on May 22, 2017 to report that


1
 At the time of the hearing, Officer Manor had been promoted to
Sergeant. Tr. at 8. To avoid confusion, he will be referred to
as “Officer” throughout this Order.
2
 The document admitted into evidence as Government’s Hearing
Exhibit G-1 also can be found at ECF No. 28-1. The Government
introduced four exhibits into evidence at the Motion hearing.
The Court admitted all four exhibits into evidence, without
objection from the defense. See Tr. at 4-6. The hearing
exhibits will be referred to in this Order as Exs. G-1 through
G-4.

                                    2
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he had information about a suspect in the burglary of his station.

Exs. G-3 & G-4.     He asked that a police officer come by the Shell

station.    Id.   Around the same time, the operator of the Quik Stop

on    Northside   Drive   and   Cynthia   Street   in   Hinds   County   spoke

directly with the investigating detective, Frank Pennell, about

the sighting.     Ex. G-3.      Shortly thereafter, CPD dispatch called

Detective Pennell to advise him of the call from the Shell station

operator.     Id. Detective Pennell confirmed that he already was

aware of the vehicle sighting because he had just spoken with the

Quik Stop operator.       Id.    He further confirmed that he knew the

full names 3 of both operators who reported the information, and he

instructed dispatch to have the vehicle stopped and its occupants

identified if there were any further sightings.            Exs. G-3 & G-4.

       Around 10:00 p.m., within two hours of CPD receiving the

report on which the BOLO was based, Officers Manor and Trussell

spotted a yellow Chevrolet Camaro that matched the description of

the suspicious vehicle.         Tr. at 11.   They saw the vehicle within

one mile of one of the robbed gas stations.             Id.     Officer Manor

testified that it was the only yellow Camaro that he saw in the

area that night and that “[y]ellow Camaros kind of stand out.”

Id.    The officers followed the vehicle and Officer Manor relayed




3
 These names are contained in the Government’s exhibits that were
admitted into evidence at the hearing. Exs. G-3 & G-4.
                                      3
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the license tag information to CPD dispatch so that the plate could

be run. Id.; Ex. G-2. 4

     According to the hearing testimony of Officer Manor on cross-

examination, the following sequence of events next occurred:

     Defense Counsel:     And did you turn on your blue lights

     prior to getting the result back for the tag?

     Officer Manor: Yes. When I initiated the traffic stop, most

     likely, is when the first information is given, and that's

     the incident date and time.

     Defense Counsel: Okay. So you had turned on your blue

     lights. You called in to dispatch the tag. Dispatch came

     back. And that's when the car pulled over, and you got out

     and proceeded with the traffic stop?

     Officer Manor: Yes.

Tr. at 17-18.

     The tag results received from dispatch confirmed that the

license plate was for a 2008 silver Dodge, not a yellow Chevrolet

Camaro.   Ex. G-1 at 7; Ex. G-2 at 1.        Based on his training and

experience, Officer Manor knew that the mismatched tag information

meant that the license plate had been switched.         Tr. at 12. 5     The



4The document admitted into evidence as Government’s Hearing
Exhibit G-2 also can be found at ECF No. 28-2.
5 Operating a vehicle on Mississippi highways with a license tag
that was issued for another vehicle is a violation of
Mississippi law. Miss. Code Ann. § 27-19-131.
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Camaro    came   to    a    stop   after   the   officers   received   the   tag

information.     Tr. at 12, 15, 17-18, & 21. 6

      The officers got out of their patrol car and approached the

Camaro.    Ex. G-1 at 7, 11, 15.               While at the driver’s window,

Officer Manor smelled marijuana. He asked Cooper to exit the

vehicle and then asked for Cooper’s driver’s license.              Ex. G-1 at

7.   Cooper told Officer Manor that his license was suspended.               Ex.

G-1 at 7,11.          A search of Cooper’s Mississippi Identification

Number confirmed that Cooper’s driver license was suspended and

revealed an active warrant for his arrest through Hinds County.

Ex. G-1 at 7.     Officer Manor conducted a search of the vehicle and

discovered a backpack in the trunk that contained a Draco AK-47

assault rifle (serial number DA-9502-16 RO), screwdriver, large

utility knife, gloves, sunglasses, and a respirator type mask.

Ex. G-1 at 7&15.           The officers then took Cooper into custody and

transported him to the Clinton City jail.             Id.




6 In his Motion, Cooper contradicts Officer Manor’s testimony and
alleges that the officers did not run his license tag until
after he had stopped his car, exited the vehicle, and was
standing behind it. Motion at 2. Defense counsel states in the
Motion that she was unable to have the defendant sign an Unsworn
Declaration Under Penalty of Perjury under 28 U.S.C. § 1746
attesting to his allegations because of the Covid-19 pandemic.
Regarding the timing of when the license tag was run, the Court
finds the hearing testimony of Officer Manor to be credible.
This testimony is further supported by the precise computer-
generated time stamps in the Computer Aided Dispatch (“CAD”) Log
dated May 22, 2017, which show exact times down to the second.
Ex. G-2 at 1.
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                           Legal Analysis and Discussion

       The Fourth Amendment provides that “[t]he right of the people

to be sure in their persons, houses, papers, and effects, against

unreasonable searches and seizures, shall not be violated.”                   When

there is a Fourth Amendment violation, the exclusionary rule

provides the remedy by suppressing evidence uncovered as a direct

result of the violation, as well as evidence indirectly derived

from the violation, at trial.            United States v. Mendez, 885 F.3d

899, 909 (5th Cir. 2018).

       A traffic stop is considered a seizure within the meaning of

the Fourth Amendment.           Delaware v. Prouse, 440 U.S. 648, 653

(1979). The Fifth Circuit analyzes the constitutionality of a

traffic stop under the standard articulated in Terry v. Ohio, which

asks “whether the officer’s action was: (1) ‘justified at its

inception’;      and   (2)     ‘reasonably        related   in   scope   to    the

circumstances      which     justified    the     interference    in   the    first

place.’” United States v. Demouchet, Cr.No. 16-26, 2016 WL 7331562,

at *11 (M.D. La. Dec. 16, 2016) (quoting Terry, 392 U.S. 1, 19–20

(1968)); see also United States v. Jenson, 462 F.3d 399, 402 (5th

Cir. 2006).     “For a traffic stop to be justified at its inception,

an officer must have an objectively reasonable suspicion that some

sort    of   illegal   activity,    such     as    a   traffic   violation,    has

occurred, or is about to occur, before stopping the vehicle.”

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United States v. Lopez-Moreno, 420 F.3d 420, 430 (5th Cir. 2001)

(citing United States v. Breeland, 53 F.3d 100, 102 (5th Cir.

1995)).    “Reasonable suspicion need not rise to the level of

probable cause.”      Lopez- Moreno, 420 F.3d at 430 (citing United

States v. Arvizu, 534 U.S. 266, 274 (2002)).

      In making reasonable suspicion determinations, a court “must

look at the totality of the circumstances of each case to see

whether the detaining officer has a particularized and objective

basis for suspecting legal wrongdoing.”          Arvizu, 534 U.S. at 273

(internal quotation marks and citation omitted).               The detaining

officer must be able to “point to specific and articulable facts

that, when taken together with rational inferences from those

facts, reasonably warrant the search and seizure.”             United States

v.   Estrada,   459   F.3d   627,   631   (5th Cir.   2006).   Officers   are

permitted to draw on their own experience and specialized training

to make inferences about the cumulative information before them.

Id. at 632.     That cumulative information which the officer finds

of value may elude an untrained person.         Id.

Reasonable Suspicion Based on Witness Reports

      Cooper argues that the stop was based solely on the two tips

from gas station employees regarding a suspicious yellow Camaro

and is insufficient to establish reasonable suspicion.                Cooper

challenges the basis for the stop itself; that is, the first prong

of the Terry test.     Motion at 3-4; Defense’s Response to Order and

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Supplemental Briefing [ECF No. 31](“Def. Supp.”) at 8-12.                Cooper

does not challenge the events that occurred after the stop. In

contrast, the Government asserts that the officers were justified

in stopping the yellow Chevrolet Camaro because the BOLO was based

on reliable reports of suspicious activity that CPD received from

readily identifiable sources at two different gas stations, both

of which had recently been robbed.                 Government’s Response in

Opposition to the Motion [ECF No. 28](“Govt. Opposition”) at 4-5;

Government’s Response to Order and Supplemental Briefing [ECF No.

30](“Govt. Supp.”) at 4-5.

     “‘[A]n   alert     or   BOLO   report   may    provide     the   reasonable

suspicion to justify an investigatory stop.’”                  United States v.

Rodriguez, 564 F.3d 735, 742 (5th Cir. 2009) (quoting United States

v. Gonzalez, 190 F.3d 668, 672 (5th Cir. 1999)). The determination

regarding whether a tip or BOLO provides a sufficient basis for an

investigatory    stop      “may   depend   upon    [1]   the    credibility   and

reliability     of   the     informant,    [2]    the    specificity    of    the

information contained in the tip or report, [3] the extent to which

the information in the tip or report can be verified by officers

in the field, and [4] whether the tip or report concerns active or

recent activity, or has instead gone stale.”              Id.    This four-part

test has been referred to in our precedent as the Gonzalez factors.

Rodriguez, 564 F.2d at 742.          Both parties agree in their briefs

that this is the test to be applied in this case.                  Motion at 3;

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Govt. Opposition at 4.      However, Cooper argues that none of the

four Gonzalez factors is satisfied, Motion at 4, and the Government

asserts that all four Gonzalez factors are met on the facts of

this case.    Govt. Opposition at 5.       The Court will review each

Gonzalez factor in light of the evidence and law:


 1. Credibility and reliability of the informant:         Cooper

    erroneously states in his briefs that the identity of the

    “purported owner” of the gas station who provided the

    information to CPD is not known.       Motion at 3-4; Def. Supp.

    at 9.    However, evidence admitted at the hearing indicates

    that, not only were the sources of the information known to

    be linked to the earlier robbed gas stations, but the

    detective in charge of the investigation knew each of the

    sources by name.    Ex. G-3.    Further, CPD dispatch provided

    the full name of the caller from the Shell station in its

    “Closed Incident Report” dated May 22, 2017 at 8:15 p.m.

    (i.e., 20:15:14).    Ex. G-4.    In addition, Officer Manor

    testified that he knew that the BOLO was based on

    information received from the owner or manager of the “Shell

    station on Northside Drive at Briars Drive.”         Tr. at 10-11.

    This was not an anonymous tip; rather, it was information

    reported from business persons working in the community, who

    were identified by name and were themselves victims of the


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  crimes.   Their standing in the community as parties

  interested in reporting suspicious activity, solving past

  crimes that affected them and their businesses personally,

  and stopping further gas station crimes lends weight to the

  credibility of their reports of suspicious activities in

  their parking lots.     The evidence presented in this case

  leads the Court to find these sources and their corroborated

  observations to be reliable and credible. The first Gonzalez

  factor is met.

2. Specificity of the information contained in the tip or

  report:   Although we do not have the exact text of the BOLO

  that CPD disseminated on the night of May 22, 2017, the

  Court nonetheless finds the testimony of Officer Manor at

  the hearing to be credible regarding the tip or report that

  CPD received from the Shell station operator.          Following

  instructions from CPD, Officer Manor knew to be on the

  lookout for a yellow Chevrolet Camaro, a “stand out” vehicle

  in the area.    Tr. at 10-11.     He knew that that a yellow

  Chevrolet Camaro had been seen on video surveillance at or

  around the time of one of the gas station burglaries.           Tr.

  at 10.    Officer Manor testified that the information in the

  BOLO regarding the vehicle came around 8:00 that night from

  the owner or manager of the burglarized Shell station at

  Northside Drive and Briars Drive.        Tr. at 10-11; see also

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    Closed Incident Report, Ex. G-4 (confirming Officer Manor’s

    testimony).     In his cross-examination testimony, Officer

    Manor identified Detective Frank Pennell as the investigator

    who had talked with CPD dispatch that night regarding the

    information in the BOLO.      Tr. at 19; see also Ex. G-3.

    Based on the victims’ reports of new sightings of the yellow

    Camaro at their places of business, Detective Pennell was

    sufficiently satisfied with the new information that he

    ordered dispatch to have the vehicle stopped and its

    occupants identified if further sightings occurred.           Exs. G-

    3 & G-4. 7    About two hours later, Officer Manor spotted a

    yellow Chevrolet Camaro, the only one that he saw that

    night, which matched the description in the BOLO and was

    located within one mile of one of the robbed gas stations.

    Tr. at 11.

          This situation is similar to that faced by the court in

    United States v. Reed, Cr. No. 6:15-cr-00113, 2015 WL

    10739299 (W.D. La. Dec. 28, 2015)(report and recommendation

    adopted by district court at 2016 WL 1704402 (April 26,

    2016)).      In Reed, the police received information describing




7 Detective Pennell’s knowledge of the specific reports and
details may be imputed to Officers Manor and Trussell under the
collective knowledge doctrine. See United States v. Carmenate,
344 Fed. Appx. 941 (5th Cir. 2009) (collective knowledge
supported reasonable suspicion for traffic stop).
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a red truck seen near the Family Dollar on the night of the

robbery, which came from two reliable sources – an eye

witness who called in a report to the police and

surveillance videotapes from a local business.          The

information described the red color of the truck and gave

identifying details such as chrome rims, headlights, and the

existence of a front license plate (but not the tag number).

The police did not have the truck’s make or model.            Eight

days after the robbery, police officers observed the

defendant driving a red truck that met the description of

the vehicle suspected to have been used in the crime.            The

court concluded that this gave the officers reasonable

suspicion that the defendant might be connected to the

crime, and “the officers were justified in asking some

general questions, including whether there was a weapon in

the truck.”    Id. at *6.

       Here, the police had eye-witness reports from the

victims of the gas station robberies who identified a

distinctive yellow Chevrolet Camaro (a less than common

vehicle in the area), video surveillance of the Camaro taken

at or around the time of one of the robberies, subsequent

sightings of the yellow Camaro at the same burglarized gas

stations as reported by two named and identified

owner/operators, and the direct involvement of the detective

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  in charge of the investigation in reviewing and assessing

  the information received.      Officers Manor and Trussell acted

  upon sufficiently specific information to satisfy the second

  Gonzalez factor.

3. Extent to which the information in the tip or report can be

  verified by officers in the field:        Officer Manor knew the

  source of the information contained in the BOLO (i.e., the

  owner or manager of the Shell station), and he knew the

  exact location of that gas station.        Tr. at 10.    He

  testified that the officers were within one mile of a robbed

  gas station when he saw the yellow Camaro traveling on

  Berkshire Street.     Tr. at 11.     Because of their proximity to

  the site of the crime, the police officers in the field

  could verify, if need be, the information directly and in

  person with the Shell station owner/manager.         In addition,

  knowing that Detective Pennell was in charge of the

  investigation, the officers could verify the information

  about the robberies with a call to Detective Pennell, who

  already had spoken directly with one of the gas station

  operators.    The third Gonzalez factor is met.

4. Whether the information in the report has gone stale:

  According to the testimony of Officer Manor, which the Court

  found to be credible, the report that the BOLO was based on

  was made around 8:00 p.m. on May 22, 2017, and the stop

                                  13
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    occurred within about two hours at approximately 10:00 p.m.

    This testimony is supported by documentation admitted into

    evidence at the hearing.     See Exs. G-3 & G-4.      The report

    had not gone stale, and the fourth Gonzalez factor was met.

  This Court is satisfied that the four Gonzalez factors have

been met based on the evidence presented and the totality of the

circumstances in this case.     Accordingly, the Court finds that

the information regarding the yellow Camaro that was provided to

CPD by the victims of the crimes and video surveillance gave

Officers Manor and Trussell the reasonable suspicion necessary

to conduct a Terry stop of Cooper’s vehicle on May 22, 2017.


Reasonable Suspicion Based on the Switched License Tag

     Cooper does not dispute that he was driving the yellow Camaro

with a mismatched tag in violation of Mississippi law. Section 27-

19-131(2) of the Mississippi Code states: “Any ... operator ...

who shall operate ... upon the highways of this state, without

having paid the privilege license tax or fee required by the

provisions of this article and who knowingly and intentionally ...

displays a license tag or decal on the motor vehicle which was

issued for another vehicle, shall upon conviction be fined not

more than One Thousand Dollars ... or be imprisoned in the county

jail not more than one (1) year, or both.”




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     An officer’s reasonable suspicion that there is a traffic

violation — including a defect in a license tag — is an appropriate

basis for stopping a vehicle.      See, e.g., Lopez-Moreno, 420 F.3d

at 431 (non-functioning break light provided reasonable basis for

stop); United States v. Smith, 355 F. Supp. 3d 544, 549 (N.D. Miss.

Nov. 27, 2018), aff’d, 952 F.3d 642 (5th Cir. 2020) (“No party

disputes that Solomon had reasonable suspicion to initially stop

Smith for driving a vehicle without a visible tag.”); see also

United States v. Johns, Crim. No. 13-cr-00071, 2013 WL 4587744, at

*4 (W.D. La. Aug. 27 2013) (“The combination of the BOLO and the

unreadable (or altered) temporary license tag gave the officers

reasonable suspicion to stop the vehicle.”); United States v.

Alfaro, Crim. No. 3:14-cr-97-TSL-LRA, 2014 WL 12670487(S.D. Miss.

Dec. 4, 2014), aff’d, 638 Fed. Appx. 374 (5th Cir.2016)(obstructed

tag provided reasonable basis for stop).

     The Government argues that, because the vehicle’s license

plate    violated   Mississippi   law,   the   police   officers   had   an

additional ground for stopping the vehicle, separate and distinct

from the reasonable suspicion derived from the gas station reports.

Cooper counters with a temporal argument and claims that the

officers already had initiated the stop by turning on the patrol

car’s blue lights before they had the results of the license plate

check.    Cooper asserts that there can be no reasonable suspicion

based on the switched license plate because the officers had no

                                   15
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knowledge of the traffic violation when the stop began (i.e., when

they turned on the blue lights).            The testimony of Officer Manor

on cross-examination confirms that he turned on the blue lights

before he had the license plate results in hand.                    Tr. at 18.

Officer Manor further testified that he had the license plate

results and knew the tag was switched before the yellow Camaro and

the patrol car came to a stop.        Tr. at 20-21.

     In its supplemental briefing, the Government points to cases

that hold no seizure occurs when the police are continuing to

pursue a suspect who has not yielded to a show of authority such

as flashing lights.       Govt. Supp. at 3; see, e.g., Galas v. McKee,

801 F.2d 200, 203 (6th Cir.        1986).    Cooper argues that such cases

are distinguishable from his actions because there is no evidence

that he tried to flee after Officer Manor turned on the patrol

car’s blue lights.        Def. Supp. at 6-7.        Cooper further asserts

that, because he submitted to the officers’ show of authority by

voluntarily pulling over to the side of the road, the seizure began

while the patrol car and the Camaro were moving down the road,

prior to confirmation of the tag violation and, consequently,

without reasonable suspicion.         Id. at 4-6 (citing, e.g., United

States v. Hill, 752 F.3d 1029 (5th Cir. 2014)).

     Given   that   the    Court   has     found,   supra,   that   reasonable

suspicion existed based on the information reported to CPD, an

independent finding of reasonable suspicion based on the tag

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violation       is   not    essential   to     deny     the   defense’s     Motion.

Nonetheless, the Court has considered the parties’ arguments,

reviewed the evidence and applicable law, and concludes that the

violation of Mississippi law under Miss. Code Ann. § 27-19-131(2)

creates    an    additional     basis   for    a   finding    of   the   reasonable

suspicion necessary to conduct a proper Terry stop.

     On the issue of the timing of the commencement of the stop,

the Court is guided by the United States Supreme Court opinion in

Arizona v. Johnson, 555 U.S. 323 (2009).                Writing for a unanimous

Court, Justice Ginsburg instructed in Arizona that “[a] lawful

roadside    stop      begins     when   a     vehicle    is    pulled    over     for

investigation of a traffic violation.”                Id. at 333.        This Court

finds further guidance from the Fifth Circuit in United States v.

Smith, 952 F.3d 642 (5th Cir. 2020).               The unanimous panel in Smith

wrote that “[a] Fourth Amendment ‘seizure’ occurs when an officer

stops a vehicle and detains its occupants.”                   Id. at 647.       While

the timing issue raised in this case could be considered a close

call, this Court is mindful that the United States Supreme Court

has made it clear that the constitutional reasonableness of a

traffic stop does not hinge on “the actual motivations of the

individual officers involved.”              Whren v. United States, 517 U.S.

806, 813 (1996).           So long as police officers have an objectively

reasonable suspicion that some sort of illegal activity, such as

a traffic violation, has occurred, or is about to occur, the true

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reason for which the officer initiated the seizure is irrelevant.

Id.; see also Smith, 952 F.3d at 647; Lopez-Moreno, 420 F.3d at

430; Johns, 2013 WL 4587744, at 3 (“An officer may stop a motorist

for a traffic violation even if, subjectively, the officer's true

motive is to investigate unrelated criminal offenses.”).             With

that in mind, the question whether Officers Manor and Trussell

decided to turn on the blue lights and subsequently pull the

defendant over because of the information reported in the BOLO, or

because they suspected a problem with the license tag, or both is

less relevant.   The evidence shows that, by the time the Camaro

and the patrol car were pulled over and stopped, the police

officers had in hand confirmation of Cooper’s switched license

plate in violation of Mississippi law, which opened yet another

door to a permissible Terry stop.

          Accordingly,

          IT IS HEREBY ORDERED that Cooper’s Motion to Suppress

Evidence as Fruit of an Illegal Stop [ECF No. 26] is DENIED.

          SO ORDERED, this the 1st day of October, 2020.



                                         /s/ David Bramlette_________
                                         UNITED STATES DISTRICT JUDGE




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35f04048010e1dbb385c5e236f4bb1d98ef3650f7d6d1b7c480b08f9e7dc64c8
Our copy
33.pdf
Original
archive.org
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