United States v. Smith
645 F.3d 998
| 8th Cir. | 2011Background
- Smith, a felon, pleaded guilty to being in possession of a firearm and reserved his right to appeal suppression and incriminating statements; he was later sentenced as an armed career criminal to 180 months.
- On Dec. 2, 2008, Oestreich, under a Harassment Restraining Order, retrieved belongings from a home in Crystal, MN; she transferred items to Smith's car and told officers there were drugs and a gun in his car.
- Officer Gomez conducted a warrant check, questioned Smith, and obtained consent to search his person (granted) and his car (refused); Smith became agitated.
- A drug-sniffing dog arrived; the dog alerted on the car, guiding the subsequent search for drugs; while the search occurred, Oestreich reiterated that a gun was in the car.
- Gomez seized a loaded handgun from the car and arrested Smith; Smith gave incriminating statements after Miranda warnings; total scene time was about 30 minutes.
- Smith challenged the suppression ruling on three Fourth Amendment theories (unjust detention after arrest of Oestreich, prolonged detention for the dog sniff, and arrest without probable cause) and challenged the ACCA predicate.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Gomez detained Smith consistently with the Fourth Amendment. | Smith | Gomez allowed consent and permissibly pursued investigation | Yes; encounter remained consensual until probable cause arose. |
| Whether the dog sniff and temporary detention were valid extensions of the stop. | Smith | Reasonable suspicion justified brief detention and dog sniff | Yes; suspicion sufficient and detention reasonably limited. |
| Whether the 2000 Minnesota attempted burglary qualifies as a violent felony under ACCA. | Smith | Minnesota attempt carries risk similar to burglary | Yes; Minnesota attempted burglary is a violent felony under the residual clause. |
Key Cases Cited
- Florida v. Bostick, 501 U.S. 429 (1991) (consensual encounter analysis for nonarrested stops)
- Illinois v. Wardlow, 528 U.S. 119 (2000) (reasonable suspicion standard for Terry-like stops)
- United States v. Sharpe, 470 U.S. 675 (1985) (scope of brief investigatory detentions)
- United States v. Lyons, 486 F.3d 367 (8th Cir. 2007) (limits and application of dog sniff cases and stops)
- James v. United States, 550 U.S. 192 (2007) (residual clause applies to attempted burglary with risk of injury)
- Solomon v. United States, 998 F.2d 587 (8th Cir. 1993) (Minnesota second-degree burglary deemed violent felony under residual clause (pre-James))