United States v. John Peters, III
743 F.3d 1113
7th Cir.2014Background
- On April 5, 2011, Deputy Nick Ernstes observed a maroon Toyota Scion following a white GMC Denali on I-70 at ~60–64 mph with an apparent 50–75 foot gap (briefly less), and stopped the Scion for following too closely under Ind. Code § 9-21-8-14.
- When the passenger (Peters) rolled down his window, the deputy smelled burnt marijuana and observed small green particles on Peters’ clothing; Peters admitted travel with the Denali.
- Deputy Ernstes handcuffed Peters for officer safety after Peters disclosed a prior arrest for carrying a concealed weapon, found over $2,500 on Peters, and then searched the Scion, locating marijuana remnants and a cracked sunglass compartment with non-factory screws and a cordless drill containing a sticky substance.
- A search of the Denali (conducted by another officer) revealed a concealed panel with a kilogram of heroin; substances on the drill matched residues on the Denali panel.
- Peters pled guilty to conspiracy to possess with intent to distribute heroin but reserved the right to appeal the denial of his motion to suppress evidence seized from the Scion; the district court denied suppression, and this Court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the traffic stop was supported by probable cause for following too closely | Ernstes’ distance/speed estimates were vague, lacked foundation, and therefore could not establish probable cause | Deputy Ernstes credibly observed <2 seconds’ braking time (50–75 ft at ~60 mph), sufficient under Indiana law | Stop supported by probable cause; court did not clearly err in crediting the deputy |
| Whether the warrantless search of the Scion was justified by probable cause based on marijuana odor/observations | Deputy’s claim of smelling burnt marijuana was not credible given only a few particles and no collection or K-9 use | Smell of burnt marijuana plus visible particles on clothing and in-car residues provided probable cause to search | Search upheld; officer’s odor detection and observations were credible |
Key Cases Cited
- United States v. Muriel, 418 F.3d 720 (7th Cir.) (two-second rule accords with Indiana law for follow-distance assessments)
- Whren v. United States, 517 U.S. 806 (1996) (probable cause for even minor traffic offenses justifies a stop)
- United States v. Franklin, 547 F.3d 726 (7th Cir.) (officer’s smell of marijuana gives probable cause to search a vehicle)
- United States v. Garcia-Garcia, 633 F.3d 608 (7th Cir.) (government bears preponderance burden to justify warrantless stop)
- United States v. Conn, 297 F.3d 548 (7th Cir.) (lay witness testimony about speed/distance is admissible under Rule 701)