United States v. Sam
6:24-cr-00084
| W.D. La. | Mar 18, 2025Background
- In early 2023, the St. Martin Parish Sheriff’s Office and the DEA investigated a drug trafficking organization, identifying several vehicles, including a white Chevrolet Silverado linked to Gerald Sam.
- A tracking warrant was obtained for the Silverado, providing data on its travel patterns for suspected drug activity.
- On February 17, 2024, based on data from the tracker, local police stopped the Silverado for unlawful window tint and failure to maintain lane; Sam was driving.
- During the stop, officers detected the smell of marijuana and ultimately found cocaine and a suspected Schedule V narcotic in the vehicle.
- Sam was indicted on conspiracy and possession with intent to distribute charges and filed a motion to suppress evidence from the stop, arguing various violations of his Fourth and Fifth Amendment rights.
- The magistrate judge held a hearing, considered briefing and video evidence, and recommended denying Sam’s motion to suppress.
Issues
| Issue | Sam's Argument | Government's Argument | Held |
|---|---|---|---|
| Probable cause for vehicle tracker | Warrant affidavit was internally inconsistent; no PC that Sam drove Silverado | Affidavit provided sufficient indicia Sam operated Silverado for trafficking | Warrant had probable cause; search valid |
| Validity of traffic stop | No valid basis for window tint or lane violation stop; pretextual | Video and meter prove traffic violations; pretext irrelevant if violation | Stop justified by reasonable suspicion |
| Scope and search of vehicle | No reasonable suspicion to search based on odor/bottle; officer not credible | Odor of marijuana gives PC to search; bottle/experience validate suspicion | Search lawful under automobile exception |
| Miranda waiver | Statements re: bag inadmissible; no valid/knowing waiver at police station | Sam waived Miranda via conduct; no coercion or rights invocation | Statements admissible; valid and knowing waiver |
Key Cases Cited
- Herring v. United States, 555 U.S. 135 (2009) (explaining the purpose and application of the exclusionary rule)
- United States v. Leon, 468 U.S. 897 (1984) (establishing good faith exception to exclusionary rule)
- Terry v. Ohio, 392 U.S. 1 (1968) (establishing reasonable suspicion standard for stops)
- Miranda v. Arizona, 384 U.S. 436 (1966) (requiring advice of rights prior to custodial interrogation)
- Whren v. United States, 517 U.S. 806 (1996) (upholding constitutionality of pretextual traffic stops)
- Berghuis v. Thompkins, 560 U.S. 370 (2010) (discussing implied waiver of Miranda rights)
- United States v. Reed, 882 F.2d 147 (5th Cir. 1989) (odor of marijuana provides probable cause to search vehicle)