United States v. Lorenza Jackson
663 F. App'x 426
| 6th Cir. | 2016Background
- Traffic stop: Officer Cook stopped Katie Miller for a passenger seatbelt violation, learned she had an outstanding felony warrant, and arrested her.
- Miller told Cook that defendant Lorenza Jackson had stuffed heroin down her pants; officers later found heroin and drug paraphernalia in Miller’s car and nearly 50 grams on her person.
- Cook asked Jackson for ID; Jackson gave a false name, stumbled over his SSN, appeared extremely nervous, moved in the car, and kept searching the vehicle after claiming no ID.
- Cook performed a pat-down of Jackson, felt a large amount of cash, handcuffed and detained him; a search incident to arrest yielded nearly $4,000 on Jackson.
- Further investigation (Miller and Jackson’s brother Christopher) led to searches of an apartment and storage unit that recovered more cash and about 280 grams of heroin; Christopher pleaded guilty and agreed to testify against Jackson.
- Jackson was indicted for conspiracy to distribute heroin and possession with intent to distribute; the district court denied Jackson’s motion to suppress the cash and admitted co-conspirator statements; Jackson was convicted and appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the pat-down and seizure of cash was justified by reasonable suspicion that Jackson was armed and dangerous | Officer Cook: totality (Miller’s accusation, Jackson’s extreme nervousness, false name/SSN, furtive movements, officer experience that drugs often accompany guns) justified frisk | Jackson: Miller’s accusation was unreliable/self-serving; nervousness and other facts insufficient to create reasonable suspicion; cash not obviously contraband | Court affirmed: totality of circumstances gave reasonable suspicion to frisk; pat-down permissible and cash admissible |
| Whether admission of co-conspirator and related hearsay statements violated hearsay rules | Government: Miller and Christopher’s out-of-court statements were co-conspirator statements admissible under Fed. R. Evid. 801(d)(2)(E); Cook’s testimony about Miller’s statement was offered to show effect on officer, not for truth | Jackson: (no objection at trial) implied challenge to hearsay admission on appeal | Court affirmed: district court properly found conspiracy and statements in furtherance; Cook’s recounting was non-hearsay (effect on listener) and any error was harmless |
Key Cases Cited
- Arizona v. Johnson, 555 U.S. 323 (2009) (officer may frisk passenger if reasonable suspicion person is armed and dangerous)
- Terry v. Ohio, 392 U.S. 1 (1968) (frisk standard: officer need not be certain suspect is armed)
- United States v. Cortez, 449 U.S. 411 (1981) (reasonable-suspicion inquiry uses totality of the circumstances)
- Navarette v. California, 134 S. Ct. 1683 (2014) (officer may rely on eyewitness tip if indicia of reliability)
- United States v. Jacob, 377 F.3d 573 (6th Cir. 2004) (officers may infer weapons are frequently present in drug transactions)
- United States v. Wilson, 168 F.3d 916 (6th Cir. 1999) (co-conspirator statements admissible under Rule 801(d)(2)(E) when conspiracy and membership proven by preponderance)
- Biegas v. Quickway Carriers, Inc., 573 F.3d 365 (6th Cir. 2009) (statements offered to show effect on listener are not hearsay)