United States v. Mohamed Fadiga
2017 WL 2367981
7th Cir.2017Background
- Officer stopped a car for an expired license plate; driver Barry lacked registration and claimed not to know the car's owner or destination. Passenger Fadiga produced a rental agreement showing the car was past its return date and neither occupant was authorized to drive it.
- When Fadiga opened his wallet, the officer saw many plastic cards instead of cash; both occupants consented to a vehicle search.
- Search recovered a large bag of gift cards; officer requested a card reader from dispatch and detained the occupants while awaiting its arrival (≈30 minutes). The card reader later showed the cards were tampered with.
- Fadiga was convicted by jury of possessing more than 15 unauthorized access devices (18 U.S.C. §1029(a)(3)) and sentenced to 30 months.
- Fadiga moved to suppress evidence, arguing the stop was unlawfully extended under Rodriguez v. United States; he also challenged the venire composition as racially discriminatory (48-person panel contained no Black jurors).
- District courts denied suppression and the jury-selection challenge; appellate court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether delay to await card reader violated Fourth Amendment under Rodriguez | Fadiga: delay to wait for card reader unlawfully extended traffic stop absent reasonable suspicion | Government: facts (consent search, large number of gift cards, inconsistent ownership statements, unauthorized use of rental car) gave reasonable suspicion and also justified detention until car-use authority was resolved | Delay lawful — reasonable suspicion justified investigative delay; occupants could be detained because they lacked authority to use rental car |
| Whether composition of venire showed racial discrimination in jury selection | Fadiga: 48-member venire with zero Black jurors is statistically improbable given ~20% Black population, implying discrimination | Government: no evidence of discriminatory practice; selection followed district plan drawing from voter-registration lists; no showing of departure from statute or process | Rejected — defendant failed to show selection procedures or discriminatory practice; challenge must proceed under Jury Selection and Service Act with specific proof and discovery |
Key Cases Cited
- Rodriguez v. United States, 575 U.S. 348 (2015) (police may not extend a traffic stop to conduct unrelated investigations absent reasonable suspicion)
- Holland v. Illinois, 493 U.S. 474 (1990) (no right to racial balance on any particular jury)
- United States v. Phillips, 239 F.3d 829 (7th Cir. 2001) (venire composition not significant if selection rules observed)
- United States v. Ashley, 54 F.3d 311 (7th Cir. 1995) (addressing standards for jury selection challenges)
AFFIRMED
