United States v. Williams

1

UNITED STATES OF AMERICA, Plaintiff, v. ALLEN WILLIAMS, Defendant.

No. 4:21-CR-453 AGF/PLC

United States District Court, E.D. Missouri, Eastern Division

March 21, 2023

REPORT AND RECOMMENDATION

PATRICIA L. COHEN, UNITED STATES MAGISTRATE JUDGE

This matter is before the Court following an evidentiary hearing on Defendant's Motion to Suppress Evidence and Statements [ECF No. 31].^[1] The Government filed a response in opposition [ECF No. 39]. The Court held an evidentiary hearing. Thereafter, the parties filed post-hearing briefs [ECF Nos. 48 and 53]. As grounds for his motion to suppress Defendant contends that law enforcement lacked reasonable suspicion to support a traffic stop and lacked probable cause to conduct a warrantless search of Defendant's vehicle. The Government opposes Defendant's motion on the grounds that: (1) law enforcement lawfully stopped Defendant's vehicle; (2) law enforcement properly extended the traffic stop based on the smell of marijuana and presence of a burnt marijuana joint; and (3) alternatively, law enforcement validly conducted an inventory search following Defendant's arrest.

Factual Background

A. Evidence adduced at hearing

1. Testimony of Officer Jonathan Alfaro The Government called Jonathan Alfaro, a police officer with Troy, Missouri in November 2020. On November 10, 2020 Officer Alfaro was patrolling in a police vehicle. Officer Alfaro concentrated his efforts on the Highway 47 and 61 corridor and in particular, two gas stations and a hotel, the Troy Inn and Suites. Both locations were known to be the source of “problems.”

Around 3:00 a.m. on November 10, Officer Alfaro observed a black Volkswagen travelling at a high rate of speed eastbound on Highway 47. Officer Alfaro, who had been travelling westbound on Highway 47, turned around his vehicle and began following the black Volkswagen. After travelling behind the Volkswagen for approximately 300 feet, Officer Alfaro observed the Volkswagen cross over the lane divider after making a left turn from Highway 47 on to North Lincoln Road.

Officer Alfaro continued to follow the Volkswagen going north on North Lincoln Road. After a short distance, the Volkswagen made a right turn into a liquor store parking lot on North Lincoln. Prior to turning right, the Volkswagen driver did not signal a right turn. Immediately after turning into the parking lot, the Volkswagen performed a U-turn, exited the parking lot and travelled southbound on North Lincoln.

Officer Alfaro followed the Volkswagen as it turned from North Lincoln on to eastbound Highway 47. As the Volkswagen travelled through the intersection of North Lincoln and Highway 47, Officer Alfaro activated his lights and siren and initiated a traffic stop. After continuing to travel approximately a block, the Volkswagen stopped.

Using a bullhorn, Officer Alfaro instructed the driver of the Volkswagen to turn on to Merlin Drive from Highway 47. The driver pulled on to Merlin Drive and stopped.

Officer Alfaro exited his vehicle and approached the Volkswagen. As he approached the vehicle, Officer Alfaro noticed the driver “had his head out of the window looking back” and was talking to Officer Alfaro. Officer Alfaro viewed the driver's behavior as untypical because, in his experience, most drivers stopped their vehicles and waited for the officer to approach the vehicle.

When he reached the Volkswagen, Officer Alfaro asked the driver for identification. The driver did not have a driver's license or any other identification. The driver, however, provided verbal identification. The driver identified himself as Allen Williams, Defendant in this case.

When Officer Alfaro initially interacted with Defendant, Defendant was nervous and sweating. Officer Alfaro also smelled the odor of “freshly burnt marijuana” and noticed the burnt marijuana cigarette ends on the center console of the vehicle.

Officer Alfaro returned to his vehicle to verify the information Defendant provided. Officer Alfaro learned that Defendant's driver's license had expired. Officer Alfaro returned to Defendant's vehicle accompanied by Officer LaGarce, also a Troy police officer. Officer Alfaro spoke with Defendant on the driver's side and Officer LaGarce stood at the passenger-side window. Officer Alfaro confronted Defendant regarding the marijuana smell, and Defendant responded, “along the lines of it was just a little bit of weed.” Defendant also held up an ashtray from his vehicle's cup holder to display the burnt ends or remnants of a marijuana cigarette. At that point, Officer Alfaro asked Defendant to step out of the vehicle. Rather than exit the vehicle, Defendant stated, “Fuck this shit,” started the vehicle and attempted to drive away.

To prevent Defendant from driving off, Officer Alfaro reached into Defendant's vehicle and grabbed his forearm. Officer LaGarce also instructed Defendant to stop and threatened to use pepper spray. Because Defendant continued his attempt to put his vehicle in drive, Officer LaGarce deployed pepper spray. Defendant ceased his resistance.

Following Officer LaGarce's use of pepper spray, Officer Alfaro removed Defendant from his vehicle. Officer Alfaro proceeded to arrest Defendant for failure to comply and resisting arrest.

Officer Alfaro handcuffed and searched Defendant. Officer Alfaro also performed an inventory search of Defendant's vehicle.^[2] To perform the search, Officer Alfaro and Officer LaGarce worked together. Officer Alfaro searched the front driver's side and Officer LaGarce searched the front passenger side. On the front passenger seat, Officer LaGarce located a bag that contained a firearm. Under the bag with the firearm, Officer LaGarce discovered a bag with suspected methamphetamine and a bag with suspected fentanyl. The officers also located clear plastic bags in the car's trunk. The officers seized the suspected narcotics and firearm, and Officer Alfaro placed Defendant under arrest for additional charges, namely trafficking second degree and unlawful use of a weapon. Thereafter, Officer Alfaro attempted to conduct an additional interview, but Defendant declined to speak to him.

Officer Alfaro testified that the Troy Police Department's patrol vehicles were not equipped with in-car cameras and that the Troy Police Department did not implement a body camera program until the “second quarter of 2021.”^[3]

2. Testimony of Defendant

Defendant travelled to Troy, Missouri November 9, 2020 because his United States probation officer had arranged job training for him in Troy. Defendant attended job training during the day on November 9. On the evening of November 9, Defendant returned to St. Louis after learning that his son was injured in a school football game. Defendant accompanied his son to an emergency room in St. Louis around 10:30 p.m. on November 9.

Defendant left St. Louis to return to Troy around 1:00 a.m. on November 10. Defendant stopped at a gas station off of Highway 47 in Troy to obtain directions to a Super 8 motel where he planned to stay. While at the gas station, Defendant saw Officer Alfaro drive past and give Defendant “a racist look” before Officer Alfaro turned around and waited on the shoulder. Defendant proceeded from the gas station about two blocks down Highway 47 but apparently passed the street for the hotel. Defendant pulled into a parking lot and tried to turn around.

Defendant stated that Officer Alfaro followed him from the gas station and into the parking lot he intended to turn around in. Defendant pulled out of the parking lot onto Highway 47. Officer Alfaro instructed Defendant to pull over to the left but instead Defendant parked under a streetlight on the right-hand side of Highway 47.

Defendant denied sticking his head out of his parked vehicle. Defendant acknowledged that Officer Alfaro approached Defendant's vehicle but denied that Officer Alfaro asked for any identification. Rather, according to Defendant, Officer Alfaro stated, “You can't follow instructions, can you?” and “Where the meth at.” Nevertheless, Defendant stated that he provided Officer Alfaro a Missouri identification card. Officer Alfaro returned to his vehicle and then came back to Defendant's vehicle and stated, “Your license is expired.” Defendant admitted that his license was expired but stated he “got a stay from the DMV.” Defendant further explained his suspension was related to failure to pay child support but he thought he had resolved the issue.

Defendant explained that he asked why he was pulled over and Officer Alfaro responded that “it didn't look like you knew where you was [sic] going.” Defendant further stated that Officer Alfaro punched him and told him to raise his hands. Defendant advised that he complied with Officer Alfaro but Officer Alfaro stated, “quit resisting” and proceeded to grab, punch, and choke him. Defendant claimed initially two officers were present and later “there was more than that.”

Defendant testified that officers “maced me all over my body, especially in my face, tightened handcuffs on me and threw me in the back of the police car....” Defendant insisted that the entire incident was captured on “dash cam and body cam” and “exonerate[d] [him] and it prove[d] criminal conduct on them.”

Discussion

A. Relevant Legal Principles

To comply with the Fourth Amendment, a law enforcement officer making an investigatory traffic stop does not “need probable cause” to support the stop so long as the officer “possess[es objectively] reasonable articulable suspicion that [the] vehicle's occupants are involved in criminal activity.” United States v Magallon, 984 F.3d 1263, 1277 (8th Cir. 2021) (internal quotation marks and citation omitted). Put another way, a law enforcement officer may conduct an...