United States v. Geoffrey Gaffney
2015 U.S. App. LEXIS 10088
| 8th Cir. | 2015Background
- Gaffney conditionally pled guilty to one count of possession with intent to distribute 500 grams or more of methamphetamine; appeal challenges suppression ruling.
- Officer Bovy observed Gaffney’s car run a red light and speed through an intersection; he u-turned to follow and stopped the vehicle after Gaffney braked and turned.
- Gaffney admitted speeding in the 40s; dispatch flagged a narcotics history; Gaffney appeared nervous; he declined a vehicle search.
- During a pat-down, officers found a meth pipe; car towed and an inventory search revealed four pounds of ice meth.
- District court denied suppression; Gaffney entered a conditional guilty plea preserving rights to appeal on suppression issues.
- The majority affirmed the suppression denial; the dissent would reverse, vacate, and remand.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Reasonable suspicion for stop based on speed estimate | Gaffney contends there was no reasonable suspicion from the speed estimate. | Gaffney argues Officer Bovy’s belief of speeding was reasonable under totality of circumstances. | Reasonable suspicion supported by totality of circumstances. |
| Permissibility of the pat-down search | Gaffney argues there was no reasonable suspicion he was armed and dangerous. | Bovy contends there was reasonable suspicion based on area, nervousness, and narcotics history. | Pat-down search upheld as reasonable under totality of circumstances. |
Key Cases Cited
- Heien v. North Carolina, 135 S. Ct. 530 (U.S. 2014) (reasonable suspicion standard for traffic stops; objective facts at time of stop)
- Riley v. California, 134 S. Ct. 2473 (U.S. 2014) ( Fourth Amendment reasonableness; limits of searches)
- United States v. Hollins, 685 F.3d 703 (8th Cir. 2012) (reasonableness of incomplete initial observations for stop)
- United States v. Givens, 763 F.3d 987 (8th Cir. 2014) (totality of circumstances in speed/stop analysis)
- United States v. Gordon, 741 F.3d 872 (8th Cir. 2013) (standard of review for suppression and reasonable suspicion)
- United States v. Sowards, 690 F.3d 583 (4th Cir. 2012) (reliability of visual speed estimates; indicia of reliability)
- United States v. Mubdi, 691 F.3d 334 (4th Cir. 2012) (visual speed estimates and corroborating factors; reliability considerations)
- United States v. Ludwig, 641 F.3d 1243 (10th Cir. 2011) (crediting visual speed estimation with experience)
- State v. Dunham, 193 Vt. 378, 67 A.3d 275 (Vt. 2013) (factors for admissibility of speed estimation evidence)
- United States v. Roggeman, 279 F.3d 573 (8th Cir. 2002) (nighttime stop factors bearing on safety considerations)