United States v. Michael Palmer
820 F.3d 640
| 4th Cir. | 2016Background
- In October 2013 Chesapeake officers stopped Michael Palmer for allegedly illegal window tint and a possibly fraudulent inspection sticker during a traffic patrol.
- Officer Ring smelled a strong air‑freshener odor, observed multiple air fresheners, and noted Palmer’s nervousness, two cell phones, a P.O. box address, and that the car was registered to someone else.
- Ring learned via databases that Palmer was a suspected member of the Bounty Hunter Bloods and had multiple drug arrests and a prior felon‑in‑possession charge; Ring requested a drug dog.
- While leaning into the vehicle to view the back of the inspection sticker (to verify authenticity), Ring smelled marijuana; later a drug dog alerted and officers searched the car, finding crack cocaine and a firearm.
- Palmer moved to suppress; the district court denied the motion. He pleaded guilty while reserving this appeal, arguing the stop and subsequent investigative actions/search violated the Fourth Amendment.
Issues
| Issue | Palmer's Argument | Government's Argument | Held |
|---|---|---|---|
| Lawfulness of initial stop | Stop lacked objectively reasonable basis | Window tint and suspect inspection sticker justified stop | Stop lawful (illegally tinted windows alone justify stop) |
| Expansion of stop / duration | Ring improperly initiated drug investigation and prolonged stop without reasonable suspicion | Ring had reasonable, articulable suspicion from totality of factors to extend stop | Extension lawful; totality produced reasonable suspicion |
| Entry into vehicle to view inspection sticker | Leaning into car to view sticker was an intrusive, unreasonable search | Entry was minimal, to inspect an item motorists must display; officer had reasonable suspicion about sticker | No reasonable expectation of privacy shown; district court’s finding that inspection sticker looked fraudulent was not clearly erroneous; entry permissible |
| Probable cause to search vehicle | Search occurred without valid probable cause | Smell of marijuana and dog alerts provided probable cause | Probable cause existed when Ring smelled marijuana and was reinforced by drug dog alerts; evidence admissible |
Key Cases Cited
- Ornelas v. United States, 517 U.S. 690 (reasonable‑suspicion and probable‑cause review standard)
- Terry v. Ohio, 392 U.S. 1 (traffic stop and investigative seizure framework)
- Whren v. United States, 517 U.S. 806 (objective‑basis test for traffic stops)
- Rodriguez v. United States, 135 S. Ct. 1609 (limits on extending traffic stops beyond mission)
- Illinois v. Caballes, 543 U.S. 405 (prolongation of stop and dog sniffs doctrine)
- United States v. Watson, 703 F.3d 684 (viewing evidence in light most favorable to government on suppression denial)
- United States v. Green, 740 F.3d 275 (window tint justified stop; criminal history checks relevant to officer safety)
- United States v. Carter, 300 F.3d 415 (odor of marijuana gives probable cause to search vehicle)
- United States v. Kelly, 592 F.3d 586 (drug dog alert supports probable cause to search)