United States v. Robinson

634 F.Supp.3d 568

UNITED STATES of America, Plaintiff v. Charles Edward ROBINSON, III, Defendant

CASE NO. 22-CR-50030

United States District Court, W.D. Arkansas, Fayetteville Division

Signed September 30, 2022

Kevin Charles Eaton, Assistant U.S. Attorney, DOJ-USAO, Fort Smith, AR, for Plaintiff.

Andrew R. Miller, Keith, Miller, Butler, Schneider & Pawlik, PLLC, Rogers, AR, Mauricio A. Herrera, Herrera Law Group, Rogers, AR, Kevin Lammers, Public Defender, Federal Public Defender, Fayetteville, AR, for Defendant.

MEMORANDUM OPINION AND ORDER

TIMOTHY L. BROOKS, UNITED STATES DISTRICT JUDGE

On December 7, 2021, Defendant Charles Edward Robinson, III, pulled into a Dollar General parking lot. Fayetteville Police Department Corporal (now Sergeant) Matthew Townsend pulled in behind him. He told Mr. Robinson that he had failed to stop at multiple stop signs and asked for identification.

Unbeknownst to Mr. Robinson, this was not a routine traffic stop. The day before, a confidential source ("CS") contacted law enforcement alleging Mr. Robinson was involved in drug trafficking and unlawfully possessed several firearms. After pulling him over, Corporal Townsend detained him until a K-9 Unit could arrive and conduct a sniff test. About 35 minutes later, the K-9 Unit arrived and alerted. Corporal Townsend searched the car. He discovered approximately 227.8 grams of marijuana and two firearms—which now form the basis for significant criminal liability.

Mr. Robinson argues the search of his car violated his Fourth Amendment rights because Corporal Townsend unlawfully extended the stop; the K-9 sniff was unreliable; and the search itself exceeded its lawful scope. He urges the Court to exclude from use at trial any evidence obtained as a result. For the reasons set forth below, the Court DENIES Mr. Robinson's Motion to Suppress.

I. FINDINGS OF FACT

On September 2, 2022, the Court held an evidentiary hearing on Mr. Robinson's Motion to Suppress. Detective John Mackey of the 4th Judicial District Drug Task Force ("DTF"), Corporal Townsend, and Corporal Jason McDaniel, a K-9 officer formerly with the Fayetteville Police Department and now retired, each testified. The Court also accepted into evidence transcripts of Detective Mackey's testimony to the Grand Jury on April 20, 2022, and July 26, 2022; Corporal Townsend's written narrative of the encounter, submitted as part of a police report; Corporal Townsend's dash cam and bodycam footage; an audio file recording radio traffic among officers; photos of the items seized from Mr. Robinson's vehicle; and K-9 certifications. At the hearing's conclusion, the Court heard oral argument from both parties.

After considering these materials and the parties' respective positions, the Court finds the following facts to be true by a preponderance of the evidence.

A. Investigation

On December 6, 2021, a confidential source ("CS") contacted Detective Mackey with a tip. The CS claimed an individual with the street name "Seven" was dealing methamphetamine and marijuana in Fayetteville.

According to the CS, Seven was a black male with light skin and a "short Afro hair style," around 40 years old. See Doc. 35, p. 1. The CS stated that Seven drove a silver passenger car and had been living at 428 East 13th Place in Fayetteville for several months. The CS further alleged he personally saw Seven with two firearms, and that Seven often carried both drugs and the firearms in a black backpack.

When the CS and Detective Mackey met in person the following morning, the CS showed Detective Mackey screenshots of recent text messages Seven had sent him. Detective Mackey testified that the screenshots showed Seven threatening the CS over an outstanding drug debt and a gun Seven apparently loaned to the CS and wanted back. The CS provided Seven's phone number, which Detective Mackey ran through a police database. The number belonged to Mr. Robinson.

Over the next few hours, Detective Mackey worked to verify the CS's tip. He drove to 428 East 13th Street, where he observed a silver car parked in front of the residence. The vehicle belonged to Crystal Branch, and several patrol incident reports suggested Ms. Branch and Mr. Robinson were in a relationship. Detective Mackey also pulled a driver's license photo of Mr. Robinson and texted it to the CS, asking, "Who is this?" According to Detective Mackey, the CS replied, "That's Seven." He ran a criminal record check, which revealed that Mr. Robinson was a registered sex offender from Pine Bluff and had several felony convictions.

Detective Mackey decided to set up surveillance. DTF detectives positioned themselves near 428 East 13th Street sometime between 2 p.m. and 3 p.m. Detective Mackey also pulled a patrol officer, Corporal Townsend, into the investigation. After a quick briefing by phone, he asked Corporal Townsend to station himself near the residence and, if probable cause existed, execute a traffic stop on any individual leaving the residence. Corporal Townsend parked on a side street north of the residence and waited for further instructions.

Shortly thereafter, Mr. Robinson showed up to the house on foot, black backpack in tow. He went inside but reemerged almost immediately to put the backpack in the silver car. He went inside again, exited a few minutes later, and rifled through the trunk of the car before getting in and driving away.

Detective Mackey picked up his tail at 13th and Washington. According to radio traffic between officers, Mr. Robinson rolled through the stop sign at the intersection there. Over the next few minutes, Detective Mackey observed Mr. Robinson make other traffic violations. At one point, Mr. Robinson pulled into a lane of vehicles waiting to turn but became frustrated with the delay, reversed, and took an alternate route.

Detective Mackey conveyed Mr. Robinson's location and the infractions he witnessed to Corporal Townsend, who eventually caught up to him. At 3:54 p.m., Mr. Robinson turned into the Dollar General parking lot. Corporal Townsend pulled in after him. Detective Mackey positioned himself in an adjacent parking lot to watch the encounter.

B. Traffic Stop

Bodycam footage captured Corporal Townsend exiting his vehicle at 3:54:12 p.m. and telling Mr. Robinson, who had already exited his car, to "hold up." Mr. Robinson immediately complied, responding, "Oh shit, I didn't even see you behind me, man."

Corporal Townsend explained to Mr. Robinson that he had run several stop signs. Mr. Robinson was annoyed and asked, "You talking about coming across the dip when I turned that way?" Corporal Townsend affirmed and Mr. Robinson responded, "All right, man." Pulling out his wallet to hand Corporal Townsend his license, he muttered to himself, "Damn, I didn't even know I ran that motherfucker man. Damn."

Corporal Townsend then asked Mr. Robinson if he had anything illegal on him and requested permission to search him. Mr. Robinson replied that he did not have anything illegal on him, but Corporal Townsend could pat him down regardless. Corporal Townsend did so; he did not find any weapons or contraband. At this point, Mr. Robinson stated, "You searching me good as hell, I ain't got nothing, I just came to get a fucking charger, you pat me down like I done something wrong." Mr. Robinson explained that he drove up to Dollar General to get a new phone charger because his girlfriend was using his.

At 3:59:42 p.m., Corporal Townsend asked Mr. Robinson if he had anything illegal in his car. Mr. Robinson responded that he didn't know because it was not his car. Corporal Townsend asked for permission to search it. Mr. Robinson stated, "I think you need to get her here, let me call her," and turned to pick up his phone. Corporal Townsend told him he was not allowed to make any phone calls. Mr. Robinson, acquiescing, stated, "Well, you call her then." Corporal Townsend refused, continuing to press Mr. Robinson for permission to search the car.

At some point, Mr. Robinson put one hand in his pocket. He immediately withdrew it though, opening his hand to show that he wasn't holding anything. Corporal Townsend asked if he could search Mr. Robinson's pockets, and Mr. Robinson consented. Corporal Townsend searched Mr. Robinson's pockets but did not find any weapons. As Mr. Robinson pulled his pants up and tightened his belt, Corporal Townsend used his radio to request a canine unit. The time was 4:01:51 p.m.

At that point, Mr. Robinson proclaimed, "Yeah go on and search the motherfucker. I don't give a fuck. It's her shit, I don't give a damn. Search that motherfucker. You can search it." Corporal Townsend explained he needed to wait for another officer to arrive.

At 4:03 p.m., another officer arrived on scene. Mr. Robinson walked over to him and began explaining why he made the U-turn. At 4:08 p.m., Corporal Townsend explained to Mr. Robinson that he had requested a canine unit and one was enroute. More than once, Mr. Robinson expressed his confusion and frustration, stating, for example, "I'm tripping because when he searched me, he searched me like I done something wrong," and, later, "There has got to be something to this. On a traffic stop, there's got to be something to this, on a traffic stop, man, for y'all to want to bring a canine and shit out."

Mr. Robinson asked if he could call his girlfriend but was told, "No." He also asked if he could go to the restroom, offering for Corporal Townsend to come with him. He was again told, "No."

At 4:26:04 p.m., the K-9 Unit arrived. At 4:28:10 p.m., Corporal McDaniel, the canine handler, asked the two officers and Mr. Robinson to step back. About 30 seconds later, he gestured for Corporal Townsend to come over and stated, "Point your bodycam down there, please." Corporal Townsend's bodycam shows the canine, Dex, sitting in next to the front passenger door.

At 4:29:41 p.m., Corporal McDaniel walked back over to the officers. Corporal Townsend asked him "if we're good." Corporal McDaniel said, "Y...