United States v. Haskins
430 F. App'x 727
10th Cir.2011Background
- Officer Estrada observed a defective taillight on a blue Impala and Wichita ordinances require working taillamps.
- Defendant remained in the Impala after being told to stop; he fled, was apprehended, and handcuffed.
- An in-car search incident to arrest of the Impala yielded two .38 bullets in a jacket in the driver’s seat.
- Defendant was indicted for felon in possession of ammunition and moved to suppress the bullets.
- District court denied suppression; Defendant entered a conditional guilty plea preserving appellate review; the district court’s ruling was appealed.
- Court affirms conviction and denies suppression appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the stop objectively justified by a traffic/equipment violation? | Estrada had reasonable suspicion of an equipment violation. | The stop was improper because no viable violation was seen noon on a sunny day. | Yes; the stop was objectively justified. |
| Is the search incident to arrest valid post-Gant and is the good-faith exception applicable? | Under Gant the search was unlawful and the good-faith exception does not apply. | The search should be suppressed under Gant; bad faith not relevant. | The search was lawful under pre-Gant precedents and the good-faith exception applied. |
Key Cases Cited
- United States v. Eckhart, 569 F.3d 1263 (10th Cir. 2009) (reasonable suspicion can justify a stop irrespective of officer’s subjective intent)
- United States v. DeGasso, 369 F.3d 1139 (10th Cir. 2004) (objectively justified stops based on observed violations or reasonable suspicion)
- Whren v. United States, 517 U.S. 806 (1996) (stop lawful regardless of subjective intent; focus on observed violation)
- United States v. Brothers, 438 F.3d 1068 (10th Cir. 2006) (pre-Gant rule allowing contemporaneous search incident to lawful arrest of automobile occupants)
- United States v. McCane, 573 F.3d 1037 (10th Cir. 2009) (pre-Gant framework; abrogation acknowledged by Gant)
- United States v. Belton, 453 U.S. 454 (1981) (bright-line rule for search incident to arrest of vehicle’s passenger compartment)
- Arizona v. Gant, 556 U.S. 332 (2009) (limits on searches of vehicles incident to arrest; governing rule referenced)