United States v. Herbert Green
2014 U.S. App. LEXIS 952
| 4th Cir. | 2014Background
- Green was stopped for a traffic violation due to excessively tinted windows and a partially obscured license plate.
- During the stop, Trooper Johnson asked for Green's license and registration and escorted him to the patrol car to check documentation.
- The officer checked Green’s information, including travel plans and a protective order; a criminal-history check was requested for safety reasons.
- A drug-detection dog, Bono, was trained and brought to perform an exterior sniff of Green's vehicle during the stop.
- Bono alerted to the rear passenger panel; a search of the vehicle yielded over one kilogram of cocaine and roughly $7,000 in cash.
- Green moved to suppress the evidence on the grounds that the stop exceeded permissible scope/duration and that Bono’s alert was insufficient for probable cause; the district court denied both motions, and Green pled guilty with aconditional reservation of appellate rights.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the stop's scope/duration violated the Fourth Amendment | Green contends the detention was longer than necessary for a traffic stop | State Trooper Johnson diligently pursued traffic-stop purposes and safety checks | Denied; stop was reasonable in scope and duration |
| Whether Bono's alert provided probable cause to search | Green argues Bono’s reliability was not proven by field performance | Bono’s reliability shown by training/certification and handler testimony; Harris framework supports probable cause | Denied; Bono’s reliability supported probable cause for search |
Key Cases Cited
- Digiovanni v. United States, 650 F.3d 498 (4th Cir. 2011) (scope/duration of stop must be reasonable; de minimis delays permissible)
- Branch v. United States, 537 F.3d 328 (4th Cir. 2008) (limits on duration of traffic stops; can perform routine checks and dog sniff within time for warning/ticket)
- Rusher v. United States, 966 F.2d 868 (4th Cir. 1992) (allows routine questions and checks during traffic stop; determines scope of detention)
- Illinois v. Caballes, 543 U.S. 405 (2005) (dog sniff during traffic stop permissible if within time to issue citation)
- Farrior v. United States, 535 F.3d 210 (4th Cir. 2008) (de minimis delay tolerated in dog-sniff prolongation analysis)
- Harris v. United States, 133 S. Ct. 1050 (2013) (dog-trainer/certification reliability can establish probable cause despite field negatives/positives)