United States v. Polly
2011 U.S. App. LEXIS 864
| 10th Cir. | 2011Background
- Polly was arrested March 14, 2006 after cocaine was found on him and in his truck; storage-unit cocaine later found after warrant search.
- Police observed Polly near KC's Garage and conducted a traffic stop for observed violations (centerline crossing and speeding).
- Polly was questioned and consented to a pat-down; crack was seized from his pocket; cash was seized from Polly.
- A separate search of Polly’s truck occurred without a warrant but subsequent vehicle search was supported by a vehicle exception due to probable cause.
- A storage-unit search yielded cocaine powder; Polly was indicted on three counts of possession with intent to distribute.
- Polly pled guilty, later withdrew, and ultimately pled again; the district court denied suppression motions, and Polly proceeded to trial and then pleaded guilty again with a plea agreement preserving appellate rights toward suppression rulings
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the stop and search of Polly’s person were lawful | Polly contends the stop was invalid at inception and detention too long | Polly argues improper invasion beyond initial justify and coercive consent | Stop justified; consent valid; searches upheld |
| Whether the truck search was proper after arrest | Polly argues no valid search incident to arrest; vehicle exception argued later | Polly maintains vehicle search invalid absent incident-to-arrest or warrant | Vehicle search upheld under vehicle exception due to probable cause |
| Whether the appeal waiver bars challenges to sentence issues | Polly claims waiver cannot bar per se; seeks relief for sentencing errors | Waiver bars challenges within its scope except for specified exceptions | Appeal waiver enforced; bars challenge to obstruction-of-justice enhancement and §3582(c)(2) relief |
| Whether Polly's § 3582(c)(2) request falls within waiver scope | Polly asserts amended Guidelines justify relief beyond waiver | Waiver covers within-guideline-range challenges; amended Guidelines not separate ground | Waiver bars § 3582(c)(2) challenge |
| Whether Polly's ineffective assistance claim is cognizable on direct appeal | Polly alleges ineffective assistance at suppression stage | Claims should be raised in collateral proceedings, not on direct appeal | Dismissed without prejudice; appropriate for collateral review |
Key Cases Cited
- Whren v. United States, 517 U.S. 806 (1996) (subjective motive irrelevant to reasonable stop)
- Valenzuela, 494 F.3d 886 (10th Cir. 2007) (stop duration permits questions outside scope if not prolonging detention)
- United States v. Eckhart, 569 F.3d 1263 (10th Cir. 2009) (standard for suppression rulings and de novo review of reasonableness)
- Arizona v. Gant, 556 U.S. 332 (2009) (vehicle search incident to arrest limited to immediate control)
- Sanchez, 608 F.3d 685 (10th Cir. 2010) (consent analysis based on totality of circumstances)
- United States v. Winder, 557 F.3d 1129 (10th Cir. 2009) (traffic stop objective reasonableness unaffected by officer's intent)