915 F.3d 352
5th Cir.2019Background
- Texas trooper Manuel Gonzales stopped Jennifer Richmond after observing her pickup drift onto the shoulder and its tires appearing "wobbly"; one brake light was broken and the vehicle had a recent out-of-state registration.
- On approaching, Gonzales noticed nervous behavior and inconsistent travel explanations from Richmond and observed stripped lug bolts on a rear tire.
- Gonzales pressed (tapped) the rear tire by hand; the sound and feel suggested the tire contained something other than air, increasing his suspicion of hidden contraband.
- After further questioning and records checks, Gonzales obtained Richmond’s consent to search; technicians later found hidden compartments in the tires containing methamphetamine.
- Richmond moved to suppress the evidence, arguing the tire tap was an unconstitutional search; the district court denied suppression and the Fifth Circuit reviewed whether the tap was a Fourth Amendment search and, if so, whether it was reasonable.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether tapping a vehicle tire is a Fourth Amendment "search" | Richmond: physical touching was a trespass and thus a search under the revived trespass test (Jones/Jardines) | Government: precedent (Muniz‑Melchor) held similar taps were not searches because no reasonable expectation of privacy in a tire | Court: Tire tap was a search under the trespassory test because the touch was to obtain information and constituted a trespass |
| Whether probable cause existed before the tap to search the vehicle for drugs | Richmond: evidence before tap insufficient for probable cause | Government: initial facts gave at most reasonable suspicion, not probable cause | Court: Facts before the tap amounted to reasonable suspicion but likely not probable cause for drug trafficking |
| Whether the tire tap was reasonable despite being a search | Richmond: tap unlawful if not supported by probable cause | Government: officer had probable cause the tire was unsafe; public‑safety interest justified brief intrusion | Court: Even if a search, the tap was reasonable under the Fourth Amendment because probable cause that the tire posed a safety risk justified the limited intrusion |
| Whether officer's motive (also to detect drugs) vitiates public‑safety justification | Richmond: mixed motives could invalidate the safety rationale | Government: Whren allows objective justification to control regardless of subjective motive | Court: Objective safety justification sufficed; subjective intent irrelevant under Whren for individualized suspicion stops |
Key Cases Cited
- Florida v. Jardines, 569 U.S. 1 (2013) (trespassory use of trained dog on porch was a search)
- United States v. Jones, 565 U.S. 400 (2012) (revived common‑law trespass test as independent basis for a Fourth Amendment search)
- Katz v. United States, 389 U.S. 347 (1967) (established reasonable‑expectation‑of‑privacy test)
- United States v. Muniz‑Melchor, 894 F.2d 1430 (5th Cir. 1990) (similar tapping of a propane tank not a search under reasonable‑expectation analysis)
- Maryland v. Dyson, 527 U.S. 465 (1999) (probable cause to believe a vehicle contains contraband permits warrantless search)
- Whren v. United States, 517 U.S. 806 (1996) (objective grounds for a stop/search control regardless of officers' subjective motives)