United States v. Larry Bentley, Jr.
2015 U.S. App. LEXIS 13066
7th Cir.2015Background
- Officer Veerman stopped Larry Bentley after observing a lane violation and learning the vehicle’s registered owner had a long-expired license; Bentley was driving a Chrysler Pacifica registered to his girlfriend.
- At the stop, Bentley gave inconsistent statements about the owner’s residence; officers saw a spare tire in the back seat and requested a drug-detection dog.
- Handler Justin Shively brought Lex, who alerted to the vehicle; officers then discovered nearly 15 kg of cocaine concealed in a trap compartment.
- Bentley was indicted for possession with intent to distribute over five kilograms of cocaine; he moved to suppress the stop and the search and later moved for acquittal under Rule 29.
- The district court denied suppression (found reasonable suspicion for the stop and Lex sufficiently reliable) and denied the Rule 29 motion; Bentley appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether officer had reasonable suspicion/probable cause to stop vehicle | Bentley: video and circumstances do not show a lane violation; statutory term “practicable” ambiguous | Government: officer observed at least one clear lane crossing and objectively reasonable basis existed (also owner’s expired license) | Stop upheld: video and testimony supported lane violation; objective test satisfied |
| Whether Lex’s alert supplied probable cause for search | Bentley: Lex’s field record shows high false positives (93% alert rate; 59.5% field accuracy) and reward practices bias alerts | Government: Lex had training certification and controlled-setting evidence; dog alerts can establish probable cause under totality of circumstances | Alert upheld: district court credited government’s training evidence under Florida v. Harris and found Lex reliable enough |
| Whether quality of training program undermines dog reliability | Bentley: CTI training and handler practices were flawed; no national standards and reward routine encourages false alerts | Government: CTI modeled standards on national associations; training and certification evidence admitted | Training challenge rejected: absence of national standard not fatal; court weighed training/field evidence and found dog reliable |
| Sufficiency of evidence to prove Bentley knew about hidden drugs | Bentley: sole occupancy and hidden compartment are insufficient to infer knowledge | Government: multiple indicia (large quantity of drugs, multiple phones, large cash/money orders, inconsistent statements, evidence he regularly drove the car) support knowledge | Conviction upheld: jury could infer knowledge from circumstantial evidence beyond mere occupancy |
Key Cases Cited
- Florida v. Harris, 568 U.S. 237 (2013) (training/certification evidence can establish a dog’s reliability; courts must weigh competing evidence)
- Whren v. United States, 517 U.S. 806 (1996) (objective reasonableness governs traffic stops)
- United States v. Washburn, 383 F.3d 638 (7th Cir. 2004) (a properly trained dog’s alert can supply probable cause)
- United States v. Limares, 269 F.3d 794 (7th Cir. 2001) (field detection rates can support probable-cause findings)