960 F.3d 1015
8th Cir.2020Background
- Detectives suspected Michael Nevatt of trafficking methamphetamine; Detective Copley followed Nevatt after seeing his motorcycle at a hospital and suspected impairment.
- Officer Cooney stopped Nevatt, performed a pat-down and field sobriety tests (Nevatt was not found impaired), and learned Nevatt lacked a motorcycle endorsement and insurance.
- Officer Cooney decided to tow the motorcycle as a safety hazard and because Nevatt lacked insurance and access to the bike; he conducted an inventory of the saddlebag and found cash and electronic devices.
- Cooney did not complete the tow-report inventory section for the seized items; detectives used the discovered items to obtain search warrants for electronic devices and Nevatt’s hotel room, yielding additional evidence.
- Nevatt moved to suppress the seized evidence (and derivative hotel evidence) as the product of an unlawful impoundment/inventory; the magistrate and district court denied suppression.
- A jury convicted Nevatt on seven counts; the district court sentenced him to 460 months (below a Guidelines life range). Nevatt appealed suppression and substantive reasonableness; the court affirmed.
Issues
| Issue | Nevatt's Argument | Government's Argument | Held |
|---|---|---|---|
| Lawfulness of tow/inventory search and suppression of seized evidence | Towing and inventory were a pretext — motorcycle not a hazard, impound unlawful, inventory used to rummage; hotel evidence is fruit of the poisonous tree | Tow was lawful (motorcycle in street, safety hazard, no insurance/endorsement, access to bike); inventory conducted under department procedures and not pretextual | Affirmed: impound and inventory lawful; suppression denied |
| Substantive reasonableness of 460-month sentence | District court failed adequately to weigh §3553(a) factors (disparity, mental-health and drug-abuse mitigation); abused discretion | Sentence was below advisory Guidelines life range; court considered §3553(a) factors and permissibly weighed criminal history and offense seriousness more heavily | Affirmed: sentence substantively reasonable |
Key Cases Cited
- United States v. Smith, 715 F.3d 1110 (8th Cir. 2013) (inventory-search standard; not a ruse for investigatory searches)
- United States v. Taylor, 636 F.3d 461 (8th Cir. 2011) (pretext inquiry for inventory searches)
- United States v. Harris, 795 F.3d 820 (8th Cir. 2015) (inventory permissible even when police suspect criminal activity)
- South Dakota v. Opperman, 428 U.S. 364 (1976) (police authority to seize vehicles that impede traffic or threaten safety)
- United States v. Merrell, 842 F.3d 577 (8th Cir. 2016) (district courts rarely abuse discretion when sentencing below Guidelines)
- United States v. Timberlake, 679 F.3d 1008 (8th Cir. 2012) (wide latitude in weighting §3553(a) factors)
- United States v. Hager, [citation="768 F. App'x 583"] (8th Cir.) (court may presume district court considered mitigating materials presented in filings)
- United States v. Morris, 915 F.3d 552 (8th Cir. 2019) (standard of review for suppression: de novo for law, clear error for facts)
- United States v. Frencher, 503 F.3d 701 (8th Cir. 2007) (credibility findings at suppression hearings are entitled to deference)