United States v. Johnson
2:25-cr-00027
S.D.W. VaMay 19, 2025Background
- Charles Dana Johnson, II, was indicted for being a felon in possession of two firearms following a traffic stop on November 17, 2024, in Parkersburg, West Virginia.
- Wood County Deputy Alltop stopped Johnson after observing him speeding, driving left of center, and allegedly trying to conceal himself while passing the deputy's cruiser.
- During the stop, Johnson exhibited nervous and evasive behavior and admitted to possessing firearms after volunteering to be patted down.
- Deputy Alltop testified that Johnson consented to the pat search, which led directly to finding the firearms.
- Johnson moved to suppress the evidence from the stop and search, arguing both were unlawful under the Fourth Amendment.
- The Court held an evidentiary hearing, found Deputy Alltop’s testimony credible, and focused on whether the stop and subsequent search were constitutional.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Legality of stop | Deputy observed speeding & left-of-center violations | No probable cause for stop; challenged basis for stop | Stop was lawful; probable cause for speeding & lane violation |
| Scope/Extension | Officer safety allows related inquiries during stop | Stop improperly extended into unrelated investigation | No unreasonable extension; stop led quickly to discovery |
| Consent to search | Johnson consented to patdown | No valid consent to search | Consent was valid based on credible officer testimony |
| Reasonable suspicion | Evasive and suspicious conduct justified investigation | No reasonable suspicion for frisk absent lawful reason | Sufficient suspicion for brief extension and patdown |
Key Cases Cited
- Whren v. United States, 517 U.S. 806 (1996) (police may conduct a traffic stop when they have probable cause for a violation regardless of officer intent)
- United States v. Branch, 537 F.3d 328 (4th Cir. 2008) (scope and permissible duration of traffic stops, need for consent or reasonable suspicion to extend)
- Arizona v. Johnson, 555 U.S. 323 (2009) (officers may order driver out and conduct limited weapons search with reasonable suspicion)
- Rodriguez v. United States, 575 U.S. 348 (2015) (extension of stop for unrelated purposes requires reasonable suspicion)