802 F.3d 234
2d Cir.2015Background
- On Nov. 19, 2013, Meridian, Mississippi police Officer Gordon C. Read followed a black 18‑wheel tractor‑trailer for ~3 miles on I‑20/I‑59 and observed the truck’s right rear wheels touch or cross the solid white (fog) line separating the lane from the shoulder on two occasions.
- Read stopped the truck for suspected careless driving under Miss. Code Ann. § 63‑3‑1213, questioned driver Wellington Diaz and passenger/owner Felipe Diaz, and had the truck searched.
- The search (per government) produced ~5 kg heroin and ~4 kg cocaine from the sleeper berth; defendants were indicted in S.D.N.Y. on drug distribution conspiracy charges.
- District court granted both defendants’ motions to suppress, concluding Read lacked reasonable suspicion that the touching/incursions constituted careless driving and rejecting the stop.
- The United States appealed the suppression orders under 18 U.S.C. § 3731; the Second Circuit accepted the appeal and reviewed legal issues de novo and factual findings for clear error.
- The Second Circuit reversed, holding that Read’s observation of two fog‑line incursions, viewed in the totality of the circumstances and under Mississippi law and precedent, gave rise to reasonable suspicion to effect the stop; the case was remanded for consideration of remaining constitutional arguments.
Issues
| Issue | Plaintiff's Argument (United States) | Defendant's Argument (Diaz) | Held |
|---|---|---|---|
| Whether officer had reasonable suspicion to stop truck for careless driving after observing two fog‑line incursions | Two separate touches/crossings of the fog line by the truck’s right rear wheels, on a straight road and absent adverse conditions, provided an objectively reasonable suspicion of careless driving | Momentary touching/crossing by the rear wheels of a wide tractor‑trailer is consistent with normal/innocent driving and does not establish specific, articulable facts of carelessness | Yes — the Second Circuit held the two incursions, under the totality of circumstances and Mississippi precedent, supported reasonable suspicion to stop the vehicle |
| Whether prior DHS tip about an unrelated tractor‑trailer affected reasonable suspicion | Tip did not meaningfully factor because the stopped truck did not match the DHS description; the stop rested on observed lane incursions | Defendants implicitly argued the stop was unsupported by independent reasonable suspicion | Not dispositive — court based its decision on the officer’s direct observations rather than the earlier tip |
| Whether state‑court interpretations of careless‑driving statute are relevant to Fourth Amendment analysis | State cases construing Mississippi careless‑driving law show lane incursions can justify stops and are persuasive guidance | Defendants argued those decisions are distinguishable and district court found the facts insufficient | Court found Mississippi Court of Appeals decisions and similar authority persuasive in concluding lane incursions can constitute reasonable suspicion |
| Whether stop should be analyzed under a bright‑line rule or totality‑of‑circumstances | Government urged that repeated fog‑line incursions often justify a stop; relied on other circuits’ decisions | Defendants argued that bright‑line rules are inappropriate and that here the facts did not support suspicion | Court rejected bright‑line approach but held that under the totality of circumstances here the officer’s observations were sufficient |
Key Cases Cited
- Navarette v. California, 572 U.S. 393 (2014) (reasonable‑suspicion standard and totality‑of‑circumstances inquiry)
- Terry v. Ohio, 392 U.S. 1 (1968) (foundation for investigative stops and reasonable suspicion)
- United States v. Arvizu, 534 U.S. 266 (2002) (totality of circumstances; avoid bright‑line rules)
- Ornelas v. United States, 517 U.S. 690 (1996) (review standards for warrantless searches and contextual nature of reasonable suspicion/probable cause analysis)
- United States v. Elmore, 482 F.3d 172 (2d Cir. 2007) (standard of review for suppression rulings)
- United States v. Stewart, 551 F.3d 187 (2d Cir. 2009) (reasonable suspicion of traffic violation justifies stop)
- United States v. Coleman, 700 F.3d 329 (8th Cir. 2012) (repeated fog‑line incursions can supply reasonable suspicion)
- United States v. Zucco, 71 F.3d 188 (5th Cir. 1995) (multiple veerings onto shoulder supported reasonable suspicion)