United States v. Byrd

388 F.Supp.3d 406

UNITED STATES of America,

v.Terrence BYRD (1), Defendant

CRIMINAL NO. 1:14-CR-321

United States District Court, M.D. Pennsylvania.

Signed June 6, 2019

William A. Behe, Dennis Pfannenschmidt, U.S. Attorney's Office, Harrisburg, PA, for United States of America.

MEMORANDUM

Christopher C. Conner, Chief Judge

Defendant Terrence Byrd ("Byrd") moves the court to suppress all evidence obtained subsequent to a traffic stop conducted on September 17, 2014. (Doc. 28). The court will deny Byrd's motion.

I. Findings of Fact ¹

Trooper David Long ("Trooper Long") is a Pennsylvania State Police trooper assigned to the Bureau of Criminal Investigation, Shield Unit. (6/30/15 Tr. 7:17-8:5). On the evening of September 17, 2014, Trooper Long was stationed in his unmarked patrol car on the median of Interstate 81 when he witnessed a gray rental vehicle traveling southbound.² (Id. at 8:21-9:14, 10:19-22; see Def. Ex. 3). The driver was sitting far back "behind the middle pillar" of the vehicle such that Trooper Long could see only the driver's hands at the ten and two positions. (6/30/15 Tr. 10:22-11:2, 11:16-22). The driver's unusual posture drew Trooper Long's attention and he began following the rental vehicle in the left lane. (Id. at 12:1-8, 37:13-16).

There were multiple vehicles in the left lane both in front of the rental vehicle and between the rental vehicle and Trooper Long's unmarked patrol car. (See id. at 12:4-8, 37:13-38:3, 38:24-39:3). Over the course of about two miles, these vehicles moved from the left lane to the right lane until the rental vehicle became the "lead vehicle" in the left lane. (Id. at 12:9-13:2). The driver of the rental vehicle made no attempt to merge back into the right lane after overtaking the last vehicle therein. (Id. at 13:3-11; Def. Ex. 7 at 2). Trooper Long testified that the driver's failure to reenter the right lane absent any traffic pattern preventing such a maneuver—e.g. , an entrance ramp funneling new traffic into the right lane—constituted a "left lane violation." (6/30/15 Tr. 13:12-14:19, 56:10-12). Trooper Long initiated a traffic stop intending to issue a warning to the driver of the rental vehicle. (Id. at 14:20-15:1).

As he approached the rental vehicle, Trooper Long observed "extreme nervousness" from the driver (eventually identified as Byrd) including shaking hands and visible sweating. (Id. at 15:2-6, 15:20-23; Def. Ex. 7 at 2). Byrd disputed the basis for the stop but then provided, at Trooper Long's request, the rental agreement and an interim New York driver's license without a photograph.³ (6/30/15 Tr. 15:23-16:16; Def. Ex. 7 at 2; Def. Ex. 11 at 18:12:45-18:15:55; Def. Ex. 13). Byrd initially struggled to locate the rental agreement, and Trooper Long noticed Byrd "reach[ ] at the center console two or three times" and "pull[ ] away from it as if he didn't want to open it." (6/30/15 Tr. 16:21-17:5; Def. Ex. 11 at 18:13:35-18:15:55, 18:22:30-18:22:50). As Byrd searched for the agreement, Trooper Long asked him some questions. (See Def. Ex. 11 at 18:15:14-18:15:55). Byrd explained that he was traveling to Pittsburgh where he had been relocated for work and his pregnant girlfriend lived. (Def. Ex. 11 at 18:15:14-18:15:55, 18:20:35-18:21:22; Def. Ex. 7 at 2; 6/30/15 Tr. 111:14-17).

Byrd produced the rental agreement and informed Trooper Long that "he was not the renter and a friend rented the vehicle." (6/30/15 Tr. 16:6-12). The rental agreement identified Latasha Reed as the person who rented the vehicle and the sole authorized driver. (Gov't Ex. 1 at 1; see also 6/30/15 Tr. 109:24-110:2; 7/8/15 Tr. 7:20-9:1). Latasha Reed is the mother of several of Byrd's children. (6/30/15 Tr. 110:2-7). Byrd is not listed on the rental agreement, nor did he sign it. (Id. at 113:6-115:7; 7/8/15 Tr. 9:2-10, 9:25-10:7).

At Trooper Long's suggestion, Byrd and Trooper Long moved their vehicles to a safer location along the highway. (6/30/15 Tr. 17:23-18:14; Def. Ex. 11 at 18:18:05-18:20:10). Trooper Long ran Byrd's name, date of birth, and license number, and the system returned the name "James Carter." (6/30/15 Tr. 18:15-19:7). Pennsylvania State Police Trooper Travis Martin ("Trooper Martin") arrived at the scene in his marked patrol vehicle. (Id. at 9:6-10, 19:11-12, 19:24-20:2). The troopers continued running Byrd's information through various law enforcement databases and discovered "James Carter" had an outstanding New Jersey warrant for a probation violation. (Id. at 20:5-17, 21:7-9, 58:16-21; Def. Ex. 11 at 18:20:25-18:20:35, 18:22:05-18:22:30). The warrant, however, was "limited extradition," and the traffic stop had occurred outside the extradition area. (6/30/15 Tr. 20:17-19). The troopers also learned that Byrd's criminal history included "convictions or charges for weapons violations, assault on police, drug charges, assault charges, [and] domestic charges." (Id. at 21:14-21; see Def. Ex. 11 at 18:21:40-18:22:02).

As the troopers were reviewing the warrant and criminal history information, Byrd signaled for Trooper Martin to return to the car. (6/30/15 Tr. 60:1-6, 100:18-25; Def. Ex. 11 at 18:23:23-18:23:35). According to Trooper Martin, Byrd was "obsessed" with providing the troopers with his proper driver's license information despite already turning over the interim license. (Def. Ex. 11 at 18:28:30-18:28:38, 18:33:00-18:33:10). Byrd gave Trooper Martin his driver's license number, (6/30/15 Tr. 101:3-17), and shared more about his move to Pittsburgh, (Def. Ex. 11 at 18:28:30-18:28:53, 18:29:03-18:29:18; 6/30/15 Tr. 102:4-10). Trooper Martin stated that Byrd was shaking, smoking a cigarette, and would not make eye contact. (Def. Ex. 11 at 18:28:53-18:29:30; 6/30/15 Tr. 101:18-102:3). Trooper Long testified that the confusion over Byrd's identity prolonged the traffic stop. (6/30/15 Tr. 22:3-13). The troopers struggled to determine whether the driver was Byrd or "James Carter." (Def. Ex. 11 at 18:29:30-18:29:50, 18:30:50-18:49:15; 6/30/15 Tr. 102:24-103:4). In the patrol car, the troopers discussed Byrd's abnormal behavior regarding his driver's license and the center console, his physical signs of extreme nervousness, and the possibility that Byrd possessed marijuana in the center console. (Def. Ex. 11 at 18:32:00-18:32:35, 18:38:18-18:38:32, 18:41:30-18:42:00).

After confirming that Byrd and "James Carter" were the same person, the troopers approached the rental vehicle and asked Byrd to exit. (6/30/15 Tr. 22:7-11; Def. Ex. 11 at 18:50:02-18:50:20). Trooper Long provided Byrd with a written warning for the left lane violation, apologized for the length of the stop, and explained to Byrd that he had an outstanding warrant in New Jersey. (See 6/30/15 Tr. 22:11-25, 103:19-104:1; Def. Ex. 11 at 18:51:00-18:51:57). Trooper Long also informed Byrd that he was not authorized to drive the rental vehicle under the rental agreement. (Def. Ex. 11 at 18:52:50-18:53:02). Because he suspected criminal activity, Trooper Long asked Byrd if there was anything illegal in the vehicle, including marijuana, and for consent to search same. (6/30/15 Tr. 23:6-12; Def. Ex. 11 at 18:53:02-18:53:42). Trooper Martin specifically asked about the contents of the vehicle's center console. (Def. Ex. 11 at 18:53:00-18:53:15). Byrd responded: "I think I got a blunt ...,"⁴ which Trooper Long understood to mean a "smoked marijuana cigarette." (6/30/15 Tr. 23:13-17, 104:17-25; Def. Ex. 11 at 18:53:45-18:53:56). In offering to retrieve the blunt for the troopers, Byrd appears to state that "it's right there on the side." (Def. Ex. 11 at 18:54:50-18:54:59).

When asked if Byrd ever consented to a search of the vehicle, Trooper Long replied: "I believe he said, yes, but then he wanted to get – he said yes, I'll get [the blunt] for you. We told him we'd get it." (6/30/15 Tr. 93:3-8; see also id. at 23:14-15, 24:7-9; Def. Ex. 11 at 18:54:45-18:54:54). Trooper Long initially testified that Byrd asked the troopers several times if they wanted to search the vehicle and eventually said "yeah, you can search the vehicle," (6/30/15 Tr. 24:1-6), but later clarified that Byrd never consented after offering to retrieve the blunt, (id. at 96:9-17). On the patrol car surveillance video, Byrd stated, "don't search my car" and "I don't want you to search it." (Def. Ex. 11 at 18:54:12-18:54:23, 18:54:40-18:54:46). According to Trooper Long, Byrd expressed "nervous laughter" during this exchange, was unable to stand still, and was "dancing ... [or] pacing back and forth." (6/30/15 Tr. 23:1-5; see Def. Ex. 11 at 18:54:40-18:54:45). Trooper Long responded to Byrd: "[Y]ou gave us permission and actually I have probable cause because you told us what's in there but, however we don't need it cause you're not on [the rental agreement], you have no expectation of privacy, alright?" (Def. Ex. 11 at 18:55:10-18:55:30).

Trooper Martin stood with Byrd outside the vehicle as Trooper Long began searching the driver's side of the passenger compartment. (6/30/15 Tr. 24:10-13). Byrd admitted to Trooper Martin that he used cocaine earlier that day and continued nervously walking back and forth on the side of the road. (Id. at 24:13-18, 105:1-13; Def. Ex. 11 at 18:55:55-18:56:30). During the search, an off-duty trooper arrived at the scene. (6/30/15 Tr. 24:22-25; Def. Ex. 11 at 18:59:11-18:59:20). Trooper Martin began searching the trunk of the rental vehicle before Trooper Long finished searching the passenger compartment. (See Def. Ex. 11 at 18:55:40-18:59:20). In the trunk, Trooper Martin discovered "Outlaws motorcycle gang colors" and a bulletproof vest. (6/30/15 Tr. 25:4:13, 105:24-106:5; Def. Ex. 11 at 18:58:35-18:59:55). Trooper Martin explained to Byrd that he was not under arrest but that he would be detained in handcuffs for the duration of the stop. (6/30/15 Tr. 25:13-18, 106:6-12). Byrd then took off running and all three troopers pursued him. (Id. at 25:18-24, 106:13-20; Def. Ex. 11 at 18:59:55-19:00:00). After being...