United States v. Porteous, 741 F.3d 251

Police investigated suspicious credit-card activity at Bull Moose store; clerks described three black males using cards with same name and a NY-plate SUV linked to next stop at Toys 'R' Us.
Officers followed leads to Toys 'R' Us, observed the vehicle matching the description, and stopped it in a hotel parking lot after a controlled check of the suspects' identities.
During the stop, marijuana odor was detected; Barnes (driver) was removed and questioned; Campbell and Porteous were questioned in the vehicle without Miranda warnings.
Chesca, a drug-detection dog, alerted to areas of the vehicle; glove box and center console were searched, revealing approximately fifty identification and credit cards and three wallets.
A search warrant was later issued to search the vehicle; defendants moved to suppress evidence obtained from the stop and subsequent search.
District court denied suppression; on appeal, issues concern Fourth Amendment validity of the stop and search, the propriety of the later warrant, and Fifth Amendment Miranda implications.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the stop was supported by reasonable suspicion	Campbell moved to suppress as lacking reasonable suspicion	Campbell contends stop was based on mere hunch or profiling	Stop supported by reasonable articulable suspicion
Whether the search of the vehicle violated the Fourth Amendment	Defendants lacked privacy interest and challenged warrantless search	Search exceeded consent/automobile exceptions without valid basis	Search valid; defendants had no standing to challenge
Whether uncounseled questioning at the stop violated Miranda	Statements should be suppressed for lack of warnings	Custody for Miranda purposes existed during the stop	Statements admissible; not in custody for Miranda purposes
Whether Campbell's sentence was procedurally/substantively reasonable	Eighteen-month sentence should be above guidelines due to personal factors	Sentence improperly weighted personal considerations	Sentence within guideline range; no abuse of discretion

Berkemer v. McCarty, 468 U.S. 420 (U.S. 1984) (Miranda warnings not required during routine traffic stops)
Cortez v. United States, 449 U.S. 411 (U.S. 1981) (totality-of-the-circumstances approach to reasonable suspicion)
Brendlin v. California, 551 U.S. 249 (U.S. 2007) (passengers may challenge legality of stop)
Lee v. United States, 317 F.3d 26 (1st Cir. 2003) (collocation of circumstances supports reasonable suspicion)
Fornia-Castillo v. United States, 408 F.3d 52 (1st Cir. 2005) (stop can escalate to custody depending on total circumstances)
Crooker v. United States, 688 F.3d 1 (1st Cir. 2012) (not in custody where questioning occurred during a noncustodial interaction)
United States v. Lee, 317 F.3d 26 (1st Cir. 2003) (probable cause can accrete during investigation)