United States v. Lighthall

1

UNITED STATES OF AMERICA, v. TYJUAN LIGHTHALL, Defendant.

No. 19 CR 922

United States District Court, N.D. Illinois, Eastern Division

November 22, 2021

OPINION AND ORDER

SARA L. ELLIS United States District Judge.

On January 17, 2019, Evanston Police Department (“Evanston PD”) detectives conducted a traffic stop of a car in which Defendant Tyjuan Lighthall was a passenger. The detectives recovered a firearm from under the front passenger seat in which Lighthall had been sitting. On December 10 2019, the government charged Lighthall with possessing a firearm as a felon, in violation of 18 U.S.C. § 922(g)(1). Lighthall now moves to suppress the firearm as the fruit of his unlawful seizure. Because the driver committed a traffic violation, the seizure of the car was lawful, and the Court denies Lighthall's motion.

BACKGROUND^[1]

On January 17, 2019 around 4:00 p.m., Marlon Scott was driving a black Nissan sedan with tinted windows in the Rogers Park neighborhood of Chicago, Illinois. Scott testified that he picked up four friends from the Howard Red Line stop including Lighthall, and was planning to drive them each home. Scott was not certain where Lighthall was sitting in the car, but camera footage confirms that Lighthall was sitting in the front passenger seat. (Rosenbaum BWC at 1:45) Scott testified that after leaving the train station, he drove through the Jewel Osco parking lot located at 1763 West Howard Street in Chicago. As Scott was driving out of the parking lot, taking a left turn heading south, onto Clark Street, he saw detectives in a car across the street, waiting to turn left, heading north, onto Clark. This took place at the intersection of West Birchwood Avenue and Clark Street, which has a traffic light. Scott said that he made eye contact with the detective who was driving and then the detective changed his turn signal to indicate he was turning south onto Clark, in the same direction as Scott. Scott testified that he tried to let the detective turn before him but that the detective insisted Scott turn first. Scott ultimately turned south onto Clark first and the detective followed shortly after. Lighthall attested that Scott turned left, heading north, on Clark when the group saw an unmarked police car waiting to turn south onto Clark. Lighthall asserted that the police car then made a U-turn to follow Scott's car. Scott first testified that the group was heading to the Walgreens located at 7410 North Clark Street because he needed to go there but then later testified that he could not recall why they were going to Walgreens or why they were in the Jewel Osco parking lot. Lighthall attested that the group was going to Walgreens to buy eyelashes for his girlfriend.

Evanston PD Detective Daniel Rosenbaum testified that on January 17, 2019, he was on patrol in the area in an unmarked police car with Detectives Pauline Pogorzelski and Kyle Wideman. Rosenbaum was driving and noticed a black Nissan sedan with tinted windows idling on Paulina Street near the Howard Red Line stop. Rosenbaum continued his patrol and shortly after, parked his car near the intersection of West Birchwood Avenue and Clark Street, facing east. While parked there, Rosenbaum saw a dark-colored Nissan with tinted windows leaving the Jewel Osco parking lot and turning southbound on Clark. Rosenbaum testified that the car caught his attention because the back window was down and he could see multiple passengers in the backseat moving around. He could not confirm this was the same Nissan he saw idling on Paulina Street earlier. Rosenbaum testified that he turned southbound on Clark to follow the Nissan, traveling about one to one and a half city blocks behind the car. Rosenbaum testified that he had a direct view of the back of the Nissan while traveling behind it. At approximately 4:10 p.m., Scott turned into the Walgreens parking lot and parked in a parking spot. (Dash Cam at 0:03) Scott testified that immediately after he turned south onto Clark towards the Walgreens, he activated his turn signal and then turned right into the Walgreens parking lot. Lighthall also attested that Scott activated his turn signal when making a right turn into the Walgreens parking lot. Rosenbaum testified that he observed Scott's brake lights activate when he turned into the parking lot but never observed a turn signal activate. When enlarged, dash-camera footage from Rosenbaum's police car indicates that Scott did not activate his turn signal. (Dash Cam at 0:02; Doc. 77, Gov. Ex. 4G, 4H).

Seconds later, Rosenbaum activated his emergency lights and approached the Nissan from behind. (Dash Cam at 0:30) The officers immediately got out of their car and surrounded the Nissan: Rosenbaum approached the driver's window, Wideman approached the driver's side rear window, and Pogorzelski approached the rear passenger side window. (Dash Cam at 0:39) As Rosenbaum reached the Nissan, he knocked on the side of the car and Scott opened his car door. (Dash Cam at 0:41) Rosenbaum asked Scott to roll down the back window and once Scott had done so, Rosenbaum told Scott that he pulled the Nissan over because Scott did not use a turn signal when entering the parking lot and because he had “heavy tint on the car.” (Rosenbaum BWC at 0:35) Scott responded that he did use a turn signal when entering the parking lot and that his tints were at thirty-five percent, which Scott contended was legal. (Rosenbaum BWC at 0:54) Rosenbaum then asked for Scott's license and for identification from each passenger. (Rosenbaum BWC at 1:05, 1:45) As the officers wrote down the back passengers' names, Rosenbaum asked if there was anything in the car that they should not have and Scott said no. (Rosenbaum BWC at 2:24) Rosenbaum then asked Scott, “Was that you guys who were pulled up on Paulina earlier? By the train station?” (Rosenbaum BWC at 2:44) Scott replied, “No.” (Rosenbaum BWC at 2:50)

Approximately three minutes after approaching the car, the officers told the Nissan's occupants to step out of the car and then searched each of them. (Wideman BWC at 3:00) Rosenbaum testified that the officers smelled the odor of cannabis coming from the car and believed they would find cannabis secreted somewhere in the car. Specifically, Rosenbaum testified that as soon as Scott opened the car door to speak to him, while he stood about three to four feet from the car, he smelled the odor of fresh cannabis coming from the passenger compartment of the Nissan. While Wideman searched one of the backseat passengers, Rosenbaum asked if there were any firearms in the car and Scott replied, “I don't have anything in the car. My car-don't smoke in my car. Cigarettes is what you smell.” (Rosenbaum BWC at 3:45) At the time, Lighthall was smoking a cigarette. (Rosenbaum BWC at 4:48)

As Wideman searched the next backseat passenger, the passenger admitted that he had a small bag of cannabis in his pocket. (Wideman BWC at 5:05, 5:55) Rosenbaum again asked Scott if there was anything in the car and Scott again said no. (Rosenbaum BWC at 5:00) Rosenbaum said, “We're not gonna trip over a little bag or nothing.” (Rosenbaum BWC at 5:03) Scott again replied, “I don't smoke in my car, so I know my car don't smell like.” (Rosenbaum BWC at 5:06) Rosenbaum interrupted him and said, “I'm not really concerned about you. This guy's [pointing at Lighthall] doing a little bit of this.” (Rosenbaum BWC at 5:09) Rosenbaum testified that Lighthall's hands were shaking as he manipulated his cigarette, which Rosenbaum interpreted as a sign of excessive nervousness. In response, Lighthall assured Rosenbaum that he was alright (Rosenbaum BWC at 5:13) and Scott again assured Rosenbaum there was nothing in the car, saying, “I know my car don't smell like anything. I know I turned my turn signal on.” (Rosenbaum BWC at 5:25) After a couple minutes of searching the female passenger, Pogorzelski asked, “Where is the weed? Cause I can smell it on you.” (Pogorzelski BWC at 9:56) Rosenbaum testified that the officers found a small bag of cannabis on the female passenger as well.

Once the officers had searched each of the occupants of the Nissan, Wideman began searching the car. (Wideman BWC at 9:05) He used a flashlight to look inside the center console, around the interior of the car, and under the seats. (Wideman BWC at 9:25) After about three minutes of searching, Wideman discovered a firearm under the front passenger seat where Lighthall had been sitting. (Wideman BWC at 12:03; Pogorzelski BWC at 21:13) The offiecrs then placed all of the occupants in handcuffs. (Wideman BWC at 12:12) After all of the occupants arrived at the police station, Pogorzelski and Wideman continued searching the car. (Pogorzelski BWC at 37:00) While searching the backseat, Pogorzelski noted that it “smell[ed] like fresh weed” and a forensic officer in the front seat responded, “Yea, it does. I can smell it.” (Pogorzelski BWC at 43:40) Pogorzelski later uncovered 13 grams of cannabis in a backpack in the trunk of the Nissan (Pogorzelski BWC at 44:44) and officers at the police station also recovered 13 grams of cannabis hidden in Scott's buttocks. While testifying, Scott could not recall placing cannabis in his buttocks on that day but acknowledged he had done it twice before. Scott also did not recall having cannabis in the trunk of his car and testified that he did not know a firearm was under the front passenger seat. At the police station, officers read Lighthall his Miranda rights and Lighthall then admitted that the firearm belonged to him. Rosenbaum cited Scott for failing to use a turn signal in violation of 625 Ill. Comp. Stat. 5/11-804.

ANALYSIS

Lighthall argues that the traffic stop was unlawful because Scott did not commit a traffic violation and...