United States v. Marshon Simon
937 F.3d 820
| 7th Cir. | 2019Background
- On Aug. 21, 2016 police on bicycle patrol observed Marshon Simon and stopped his car for allegedly failing to signal at least 100 feet before a left turn; two bicyclists and a patrol car officer were on scene.
- After officers ran checks and one officer decided to call a canine unit, the drug dog Rex arrived ~7 minutes after the stop began and alerted to the exterior of Simon’s car; a subsequent search uncovered a firearm but no drugs.
- Simon, a convicted felon, was charged with felon-in-possession; Judge Bruce denied motions to recuse, suppress evidence, and to supplement the record; Simon pled guilty conditionally and received a 15-year sentence enhanced under the ACCA.
- Recusal claim: Simon argued Judge Bruce should have disqualified himself because, while First Assistant U.S. Attorney, he supervised a prior prosecution of Simon that produced a conviction used to enhance the sentence here.
- Suppression claims: Simon argued (1) no probable cause supported the traffic stop, (2) the stop was unlawfully prolonged to wait for the dog, and (3) the dog’s alert was unreliable/improperly trained and thus could not supply probable cause to search.
- Supplementation claim: Simon sought to reopen to add a nighttime video and other handwriting exemplars after suppression denial; the judge denied the request.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Recusal under 28 U.S.C. § 455(a) | Judge Bruce previously supervised prosecution of Simon; an objective observer might question impartiality | Prior case was factually separate and not the basis of the current prosecution; Bruce had no role in this prosecution | Denial of recusal affirmed — no reasonable, well-informed observer would doubt impartiality |
| Probable cause for traffic stop | Officers lacked probable cause to believe Simon failed to signal 100 ft; credibility attacks on bicyclists | Officers objectively had basis to believe a traffic violation occurred; district court credited bicyclists’ testimony | Stop was supported by probable cause; suppression denial affirmed |
| Unlawful prolongation of stop for dog sniff | Officers delayed and called K-9 to allow sniff, extending the stop beyond its mission | Ticket processing and checks were ongoing; dog arrived while officers were still processing, so sniff did not add impermissible time | No unconstitutional prolongation; dog sniff lawful because it did not meaningfully extend the stop |
| Reliability of canine alert / search probable cause | Rex’s training caused alerts to residual odors; alert was effectively false (no drugs found) and training did not meet Illinois guidelines | Rex was certified; Harris presumption applies; alerts to residual odors can still supply probable cause; state guidelines don’t control Fourth Amendment | Dog’s certification and training supported reliability; alert provided probable cause; suppression denial affirmed |
| Motion to supplement record | Video and handwriting exemplars were newly offered and would not change credibility findings; could have been produced earlier | Evidence was irrelevant to change the suppression ruling and was untimely | Denial of supplementation affirmed — judge did not abuse discretion |
Key Cases Cited
- Whren v. United States, 517 U.S. 806 (officer’s objective basis for traffic stop governs Fourth Amendment reasonableness)
- Delaware v. Prouse, 440 U.S. 648 (random stops and Fourth Amendment reasonableness principles)
- Rodriguez v. United States, 575 U.S. 348 (traffic stop may not be prolonged beyond mission absent independent reasonable suspicion)
- Florida v. Harris, 568 U.S. 237 (certification/training of a drug-detection dog can create a presumption that an alert supplies probable cause)
- United States v. Herrera-Valdez, 826 F.3d 912 (recusal required where prior official participation in related proceeding would cause reasonable observer to question impartiality)
- United States v. Lewis, 920 F.3d 483 (Seventh Circuit: scope of permissible canine sniff during traffic stop — focus on whether sniff prolongs stop)
- United States v. Rodriguez-Escalera, 884 F.3d 661 (mixed standard of review on suppression: factual findings for clear error; legal conclusions de novo)