528 F. App'x 323
4th Cir.2013Background
- Detectives surveilled Richard as a suspected drug trafficker in North Charleston, SC.
- A GPS tracker was placed on Richard’s car on May 6, 2009, enabling location monitoring.
- The car traveled to Newark, NJ, then returned to SC, leading to a traffic stop for a lane-change violation.
- During the stop, a perimeter canine sniff alerted to the car; drugs were found in the vehicle.
- A hidden compartment under the center console yielded 36.2 grams of heroin; a search warrant uncovered more heroin, bags, and related items.
- Richard was indicted for possession with intent to distribute heroin; suppression motions were litigated, and retrials followed a Jones-based remand.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| TaIlnt purge after illegal GPS search | Taint remained because stop depended on GPS evidence. | Intervening traffic violation purges taint per Sprinkle. | Taint purged; traffic violation provided independent basis for stop and search. |
| Career offender designation validity | Prior convictions improperly counted for career-offender status. | Multiple prior felonies properly counted under USSG 4A1.2 and 4B1.1. | Designations valid; convictions properly counted to sustain career-offender status. |
| Reasonableness of within-Guidelines sentence | Sentence overstated given actual criminal history. | District court properly applied guidelines with individualized reasoning. | Sentence deemed reasonable; presumption of reasonableness preserved. |
Key Cases Cited
- United States v. Sprinkle, 106 F.3d 613 (4th Cir. 1997) (new, distinct crime may purge taint from an illegal stop)
- United States v. Gaines, 668 F.3d 170 (4th Cir. 2012) (distinguishes Sprinkle when taint is not purged by later conduct)
- Brown v. Illinois, 422 U.S. 590 (Supreme Court 1975) (attenuation factors for purging taint from unconstitutional police conduct)
- United States v. Branch, 537 F.3d 328 (4th Cir. 2008) (probable cause and limits of stop and subsequent actions)
- United States v. Digiovanni, 650 F.3d 498 (4th Cir. 2011) (reasonable limitations on extending a traffic stop without justification)
- Illinois v. Caballes, 543 U.S. 405 (Supreme Court 2005) (canine sniff legality during lawful traffic stop)
- Arizona v. Johnson, 555 U.S. 323 (Supreme Court 2009) (limits on extending stop during canine/safety procedures)
- United States v. Jones, 132 S. Ct. 945 (2012) (GPS tracking without a valid warrant constitutes a unreasonable search)