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United States v. Mohamed Fadiga
2017 WL 2367981
7th Cir.
2017
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Background

  • 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

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Case Details

Case Name: United States v. Mohamed Fadiga
Court Name: Court of Appeals for the Seventh Circuit
Date Published: Jun 1, 2017
Citation: 2017 WL 2367981
Docket Number: 16-3870
Court Abbreviation: 7th Cir.