United States v. Hargraves
1:22-cr-00091
| D. Del. | Jul 29, 2024Background
- Defendant Toranio Hargraves was stopped by police in Wilmington, Delaware for making an illegal left turn from the right lane.
- Hargraves was driving a Nissan Rogue, did not have a driver’s license, and provided state ID instead.
- Officers claimed to smell marijuana, discovered Hargraves' license was suspended and that he had an outstanding warrant.
- Hargraves was asked to exit the vehicle, patted down, and admitted to a small amount of marijuana; a subsequent search produced marijuana and a firearm.
- At the police station, after receiving Miranda warnings, Hargraves was asked for and consented to a DNA swab, after being told police would seek a warrant if he declined.
- Hargraves moved to suppress all evidence, arguing the stop, search, and seizure (including the DNA swab) violated his Fourth and Fifth Amendment rights.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Legality of Initial Traffic Stop | Officers had reasonable suspicion for illegal turn | Stop was pretextual, not for actual observed violation | Stop was lawful; pretext irrelevant where suspicion exists |
| Custodial Status at Time of Marijuana Questioning | Not a custodial interrogation during routine traffic stop | Traffic stop became custodial due to multiple officers, warrant status | Stop was non-custodial until after arrest |
| Probable Cause for Vehicle and Person Search | Smell of marijuana and statements established probable cause | No probable cause; need to check for medical marijuana card | Probable cause existed based on odor and admissions |
| Voluntariness of DNA Swab Consent | Hargraves voluntarily consented under totality of circumstances | Consent was coerced/threatened with inevitable warrant | Consent was voluntary; warrant would have been granted |
Key Cases Cited
- Navarette v. California, 572 U.S. 393 (reasonable suspicion for vehicle stops requires less than probable cause)
- Whren v. United States, 517 U.S. 806 (subjective intent irrelevant; pretextual stops valid if objective basis exists)
- Berkemer v. McCarty, 468 U.S. 420 (traffic stops are generally non-custodial for Miranda purposes)
- Maryland v. Wilson, 519 U.S. 408 (officers may order driver and passengers out of vehicles during stops)
- Pennsylvania v. Mimms, 434 U.S. 106 (officers may order driver out of vehicle for safety)
- Maryland v. King, 569 U.S. 435 (DNA swab is a search under Fourth Amendment)
- Schneckloth v. Bustamonte, 412 U.S. 218 (voluntariness of consent to search under totality of the circumstances)