United States v. Gregory Givens
2014 U.S. App. LEXIS 15691
| 8th Cir. | 2014Background
- Givens was convicted of being a felon in possession of ammunition and crack cocaine after a prior felony drug conviction.
- A traffic stop occurred at about 2:00 a.m. for a vehicle lacking visible registration plates and possibly displaying a defective temporary registration card.
- Officer could not read the rear-window paper registration at night, creating doubt whether it was valid.
- The officer smelled marijuana and conducted a vehicle search, yielding marijuana and ammunition.
- Two months later, a dog sniff at Givens’s apartment led to a search warrant and discovery of crack cocaine.
- The district court denied Givens’s suppression motions, and the jury found him guilty on both counts.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the traffic stop supported by reasonable suspicion? | Givens contends officer lacked reasonable suspicion due to unreadable paper tag. | The officer reasonably suspected noncompliance with state registration laws because no readable temporary tag was visible. | Stop supported by reasonable suspicion. |
| Is the apartment dog sniff permissible under predating Jardines? | Jardines prohibits canine sniff on curtilage; exclusionary rule should apply. | Binding circuit precedent allowed hallway dog sniff; Jardines does not control retroactively. | Dog sniff permissible; evidence not excluded. |
Key Cases Cited
- United States v. Hollins, 685 F.3d 703 (8th Cir. 2012) (standard for review; reasonable suspicion in traffic stops)
- United States v. Mendoza, 691 F.3d 954 (8th Cir. 2012) (readability of temporary tags as basis for stop)
- United States v. Sanchez, 572 F.3d 475 (8th Cir. 2009) (reading of documents; reasonable suspicion for stops)
- United States v. Scott, 610 F.3d 1009 (8th Cir. 2010) (dog sniff not a search under circuit precedent)
- United States v. Edgerton, 438 F.3d 1043 (10th Cir. 2006) (reasonable suspicion for stop when tag not readable)
- United States v. Wilson, 205 F.3d 720 (4th Cir. 2000) (readability of temporary tag not enough for suspicion)
- United States v. Tipton, 3 F.3d 1119 (7th Cir. 1993) (driver's lack of prominent registration can justify stop)
- United States v. Arvizu, 534 U.S. 266 (2002) (totality of circumstances for reasonable suspicion)