575 F. App'x 146
4th Cir.2014Background
- Walker pled guilty to possession of ammunition by a felon and preserved the right to appeal the denial of his suppression motion.
- Durham police stopped Walker’s vehicle for expired registration and no insurance found in the Honda.
- Officer Harris instructed Walker and the driver to stay in the car; Walker began to flee after ignoring commands.
- Harris observed Walker tugging at his belt buckle and appearing to possess a gun; Harris ordered Walker to drop the weapon, then fired after the chase.
- The chase ended with Walker’s apprehension by other officers.
- The district court denied the suppression motion, and the district court’s ruling was reviewed de novo for legal conclusions and for clear error on factual findings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the stop and detention of Walker during a lawful traffic stop violated the Fourth Amendment. | Walker argues detention was unlawful. | Harris had authority to detain occupants during a lawful stop. | No; detention permissible under stop authority. |
Key Cases Cited
- Digiovanni v. United States, 650 F.3d 498 (4th Cir. 2011) (limits of lawful stop to request documents and officer safety)
- United States v. Vaughan, 700 F.3d 705 (4th Cir. 2012) (officer may order passenger to exit for safety; can detain passenger to preserve safety)
- Maryland v. Wilson, 519 U.S. 408 (1997) (police safety includes ordering passengers to exit the vehicle)
- Hodari D., 499 U.S. 621 (1991) (fleeing suspect not seized until physically apprehended)
- United States v. Williams, 419 F.3d 1029 (9th Cir. 2005) (reentry of passenger after exiting car reasonable under Fourth Amendment)
- United States v. Sanders, 510 F.3d 788 (8th Cir. 2007) (seizure of passenger to reenter car reasonable)
- United States v. Clark, 337 F.3d 1282 (11th Cir. 2003) (reentry to car for safety not Fourth Amendment violation)