United States v. Slone
2011 U.S. App. LEXIS 3438
| 7th Cir. | 2011Background
- DEA operation tracked 500 kg of marijuana from Texas to Indiana; undercover agent drove the tractor-trailer; subsequent arrests followed of vehicle occupants at the warehouse drop-off.
- Slone was arrested for countersurveillance/security for the tractor-trailer that offloaded the drugs; he was later charged with conspiracy to distribute marijuana (100 kg+) and tried.
- A blue Explorer received marijuana; a red Dodge pickup with Slone followed the Explorer for about 20 minutes through a multi-road route to a remote area.
- Police stopped both vehicles and Slone was arrested after attempting to flee; a vehicle search yielded $17,000 and a mobile phone; Miranda was not administered before the trip to jail.
- Slone moved to suppress the evidence as fruits of an unlawful arrest; the district court denied the motion; Slone was convicted and appealed.
- The Seventh Circuit affirmed the conviction, holding probable cause existed for the arrest and the vehicle search was permissible under Arizona v. Gant.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Probable cause for arrest and fruits of the arrest | Slone contends police lacked probable cause; statements and vehicle evidence must be suppressed. | Government argues there was probable cause based on coordinated vehicle activity and behavior. | Probable cause existed; no suppression of statements or vehicle evidence. |
| Search incident to arrest under Arizona v. Gant | Slone argues the passenger-compartment search was unlawful post-Gant. | Government argues search was reasonable because evidence related to the crime of arrest could be found in the vehicle. | Search incident to arrest was reasonable; vehicle evidence admissible. |
Key Cases Cited
- Michigan v. DeFillippo, 443 U.S. 31 (1979) (probable cause requires reasonable belief in offense, not proof beyond reasonable doubt)
- United States v. Gates, 462 U.S. 213 (1983) (probable cause with totality of circumstances; common-sense conclusions)
- Arizona v. Gant, 129 S. Ct. 1710 (2009) (limits vehicle searches incident to arrest; reasonable belief evidence related to crime may be found in vehicle)
- New York v. Belton, 453 U.S. 454 (1981) (vehicle-search incident to arrest framework (clarified by Gant))
- United States v. Soto, 375 F.3d 1219 (10th Cir. 2004) (coordinated vehicle activity can establish probable cause)
- Ingrao, 897 F.2d 860 (7th Cir. 1990) (probable cause analysis focuses on officer perspective and coordinated actions)
- United States v. Shoals, 478 F.3d 850 (7th Cir. 2007) (fruits of an unlawful arrest doctrine applied temporally to suppressive analysis)