United States v. Esaias Jackson
682 F. App'x 86
| 3rd Cir. | 2017Background
- Officer Moldavskiy on a SEPTA subway smelled a strong odor of marijuana but could not immediately locate its source.
- When he made eye contact with Esaias Jackson, Jackson moved; the marijuana odor dissipated as Jackson moved away and reappeared when Jackson returned near the officer.
- Officer followed Jackson off the train; Jackson fled on the platform, was caught, and during the struggle a 30‑round magazine fell from his shorts; a pistol was observed and a pat‑down revealed Percocet, three bags of marijuana (one open), and cash.
- Jackson moved to suppress the items seized at arrest; the District Court denied the motion, finding probable cause to arrest based on the odor and officer testimony.
- Jackson pleaded guilty conditionally to possession of a firearm by a felon, preserving the suppression ruling for appeal; he was sentenced and appealed the denial of suppression.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether officer had probable cause to arrest based on smell of marijuana | Jackson: odor was not sufficiently particularized to him to support probable cause | Government: smell, localized to Jackson by dissipation pattern and his evasive behavior, supplied probable cause | Court: Probable cause existed; denial of suppression affirmed |
| Whether search incident to arrest was lawful | Jackson: items seized should be suppressed because arrest lacked probable cause | Government: search was incident to a lawful arrest, so seizure lawful | Court: Search lawful because arrest was supported by probable cause |
Key Cases Cited
- United States v. Ramos, 443 F.3d 304 (3d Cir.) (smell of marijuana can establish probable cause where localized)
- United States v. Humphries, 372 F.3d 653 (4th Cir.) (odor of marijuana particularized to a person/place supports probable cause)
- United States v. Robinson, 414 U.S. 218 (1973) (search incident to a lawful arrest doctrine)
- Michigan v. DeFillippo, 443 U.S. 31 (1979) (definition of probable cause to arrest)
- United States v. Ortiz, 422 U.S. 891 (1975) (officers may draw reasonable inferences from experience)
- United States v. Brown, 159 F.3d 147 (3d Cir.) (deference to officer conclusions based on experience)
- Terry v. Ohio, 392 U.S. 1 (1968) (investigatory stop/reasonable suspicion standard)