United States v. Raney
2011 U.S. App. LEXIS 2428
| 5th Cir. | 2011Background
- Raney was stopped by Houston Police for driving in the wrong lane of traffic; odor of marijuana observed; a firearm found during pat-down; Raney arrested for being a felon in possession of a firearm; district court denied suppression and convicted Raney; government argued three traffic violations justified the stop; on appeal, Fifth Circuit vacated denial and acquitted Raney, finding no objective basis for the stop; issue also addressed improper prosecutorial closing remarks; opinion discusses whether to remand for factual findings and whether good-faith exception applies.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the stop justified by an objective basis under Texas law? | Raney argues no traffic violation occurred. | Government argues Raney violated traffic laws (wrong lane, obeying officers, reckless driving). | No objective basis found; stop invalid; acquittal rendered. |
| Was driving in the wrong lane a per se traffic violation justifying the stop? | Raney did not commit a per se violation. | District court erred in treating wrong-lane driving as per se violation. | Wrong-lane driving not per se under the statute; no valid stop based on that grounds. |
| Were any improper prosecutorial closing arguments reversible error? | Raney challenged the prosecutor’s remarks as inflaming passions. | Government contends remarks were within permissible appellate argument. | Remarks improper and admonished, but court vacated on suppression grounds so reversible error not reached. |
Key Cases Cited
- Whren v. United States, 517 U.S. 806 (U.S. 1996) (officers have broad leeway; objective basis needed for traffic stop)
- United States v. Cole, 444 F.3d 688 (5th Cir. 2006) (stop legality depends on whether traffic violation actually occurred)
- Lopez-Valdez v. United States, 178 F.3d 282 (5th Cir. 1999) (traffic stop must be based on an actual violation; per se rules rejected)
- Miller v. United States, 146 F.3d 274 (5th Cir. 1998) (statutory interpretation of traffic stops; objective basis requirement)
- Devenpeck v. Alford, 543 U.S. 146 (U.S. 2004) (probable cause/prior reasons; dismissal if no valid basis for stop)