United States v. Hunter
2011 U.S. App. LEXIS 22882
10th Cir.2011Background
- Hunter was a passenger in a Dodge stopped for following a semi too closely on I-70 under Kan. Stat. Ann. § 8-1523(a).
- Trooper Nicholas observed the Dodge approximately one second behind the semi for 10–15 seconds under normal conditions.
- During the stop, driver Isaacson and Hunter provided licenses; a background check was run on both licenses.
- Trooper Nicholas later questioned and questioned Hunter about the rental, extension, and travel; Hunter volunteered information.
- The trooper obtained consent to search after a brief encounter; a marijuana bundle, cocaine, and a firearm were found in the car; Hunter was indicted on multiple drug- and weapon-related counts.
- The district court denied suppression; Hunter pled guilty, preserving appeal challenging the stop, detention, and search; the Tenth Circuit affirms.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether § 8-1523(a) is unconstitutionally vague as applied | Hunter argues vagueness due to 'reasonable and prudent' standard | Government/Anderson/Hunter argue standard is common and not vague | Not unconstitutionally vague as applied |
| Whether Trooper had reasonable suspicion to stop for following too closely | Hunter contends no solid factors for stop beyond possible speed/distance | Two-second rule plus observed one-second gap supported suspicion | Reasonable suspicion supported by two-second rule and observations |
| Whether the detention was excessively prolonged | Stop extended beyond necessity to complete checks | Detention limited to routine checks and minimal to accomplish purpose | Detention not prolonged; reasonable scope to justify stop |
| Whether consent to search was valid and by whom | Isaacson lacked authority; Hunter did not explicitly consent | Isaacson had apparent/actual authority; consent was voluntary | Consent valid; search lawful due to apparent/actual authority |
Key Cases Cited
- United States v. Vercher, 358 F.3d 1257 (10th Cir. 2004) (reasonable suspicion standard in traffic stops)
- United States v. Nichols, 374 F.3d 959 (10th Cir. 2004) (two-second rule supports reasonable suspicion)
- United States v. Ledesma, 447 F.3d 1307 (10th Cir. 2006) (voluntariness determined from total circumstances; free to leave not required to be told)
- United States v. Andrus, 483 F.3d 711 (10th Cir. 2007) (third-party consent authority—actual or apparent)
- United States v. Ransom, 642 F.3d 1285 (10th Cir. 2011) (standard for vagueness review)