United States v. Mardell Johnson
689 F. App'x 214
| 4th Cir. | 2017Background
- Defendant Mardell Johnson pleaded guilty conditionally to possession of a firearm by a felon and appealed the denial of his motion to suppress a gun seized from the car he was driving.
- Police stopped Johnson after observing he had driven without headlights/taillights; officer saw a partially empty vodka bottle in plain view and noted Johnson’s nervous behavior (shaky hands, heavy breathing).
- Officer retrieved the vodka bottle and asserted authority to search the vehicle; Johnson then stated there was a gun in the car.
- The car was searched without a warrant and a firearm was seized; Johnson moved to suppress the statement and the gun, arguing the search lacked probable cause.
- District court denied suppression, concluding the automobile exception (and alternatively a protective search) authorized the search; the Fourth Circuit affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the warrantless vehicle search and ensuing seizure must be suppressed because Johnson’s admission was elicited after an improper assertion of authority | Johnson: the officer’s assertion of authority to search tainted his admission; under Saafir the admission and resulting probable cause are invalid | Government: officer observed evidence (open alcohol bottle, driving at night without lights, nervous behavior) giving probable cause to search under the automobile exception; officer did not falsely assert authority | Court: Affirmed. Saafir is distinguishable; officer had probable cause based on totality of circumstances, so statement and search need not be suppressed |
Key Cases Cited
- California v. Acevedo, 500 U.S. 565 (establishes automobile-search exception framework)
- California v. Carney, 471 U.S. 386 (vehicle mobility justifies warrantless searches)
- Maryland v. Dyson, 527 U.S. 465 (probable cause permits warrantless vehicle search)
- Illinois v. Gates, 462 U.S. 213 (totality-of-the-circumstances probable-cause standard)
- United States v. Ross, 456 U.S. 798 (scope of vehicle search defined by probable cause as to locations of evidence)
- United States v. Saafir, 754 F.3d 262 (4th Cir. 2014) (search tainted where officer falsely asserted authority to search and threatened to search regardless of consent)
- United States v. Moses, 540 F.3d 263 (4th Cir. 2008) (totality-of-circumstances supports vehicle searches when indicia of wrongdoing observed)