United States v. Rudolph Jackson
2012 U.S. App. LEXIS 12344
| 6th Cir. | 2012Background
- APD issued a BOLO for a nightclub shooting suspect with a black Tahoe; Meech spotted a Yukon that resembled the vehicle and followed it after a left turn without signaling.
- Jackson, in the Yukon, and Gay were found with open beer; Jackson admitted no valid license; dispatch showed Jackson had a suspended license and an outstanding warrant; Gay also had a suspended license.
- Officer Meech towed the Yukon as illegally parked on private property and unable to transfer the vehicle to a licensed driver due to licenses and alcohol consumption, prompting an on-site inventory search under APD Policy.
- During the inventory, Meech found a six-pack of beer and, under a loose carpet flap, a loaded .380 Cobra handgun; Jackson claimed no knowledge of the gun.
- Jackson was indicted for felon in possession of a firearm; he moved to suppress the stop and the inventory search; the district court denied the motion.
- Jackson pled guilty with a reservation to appeal the suppression ruling.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Lawfulness of the traffic stop | Jackson contends stop based on unreliable BOLO; argues lack of probable cause. | Meech relied on traffic violation (failure to signal) independent of BOLO. | Stop upheld; failure to signal provided probable cause. |
| Validity of arrest post-stop | Arrest invalid once BOLO dismissed; no ongoing crime. | Three independent bases supported arrest: open container, suspended license, warrant. | Arrest valid on three independent grounds. |
| Reasonableness of towing/impoundment | Tow was unnecessary; owner contact and property rights considered. | tow was proper under APD Policy and Akron Ordinances given lack of connected ownership and licenses. | Tow/impoundment reasonable and within policy. |
| Validity of the inventory search | Carpet patch search goes beyond standard inventory and invades privacy. | Search conducted under APD Policy, limited to areas likely to conceal evidence, within Bertine framework. | Inventory search constitutional under policy; justified by areas of disturbance and concealment risk. |
Key Cases Cited
- Whren v. United States, 517 U.S. 806 (U.S. 1996) (traffic violations justify seizure regardless of subjective intent)
- United States v. Street, 614 F.3d 228 (6th Cir. 2010) (no fault in stop for reasonable traffic violation)
- Colorado v. Bertine, 479 U.S. 367 (U.S. 1987) (inventory searches may be conducted under standard procedures)
- United States v. Edwards, 577 F.2d 883 (5th Cir. 1978) (carpet area search under inventory reasonable under circumstances)
- United States v. Hill, 195 F.3d 258 (6th Cir. 1999) (detention supported by reasonable basis after stop)