United States v. Straughn Gorman
2017 U.S. App. LEXIS 10357
| 9th Cir. | 2017Background
- Trooper Monroe stopped Gorman on I-80 for an alleged left‑lane violation; routine ID checks were clean but Monroe suspected Gorman carried drug money.
- Monroe prolonged the stop (nearly 30 minutes), ran a non‑routine EPIC records check, questioned Gorman about finances, sought consent to search (denied), and released him without advising he was free to go.
- Monroe then called Elko County dispatch, relayed his suspicions and that a dog would be needed, and provided vehicle/plate info; Deputy Fisher received the information.
- Fisher drove to intercept Gorman with a narcotics dog, observed separate traffic infractions, stopped Gorman, ran routine and redundant checks, and deployed the dog; the dog alerted.
- Fisher obtained a warrant, searched the motorhome, and seized $167,070 in vacuum‑sealed bundles; the government pursued civil forfeiture (no criminal charges).
- The district court suppressed the currency as fruit of an unconstitutional detention and awarded fees; the Ninth Circuit affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Monroe unreasonably prolonged the initial traffic stop | Monroe’s extended questioning and EPIC check exceeded the mission of a traffic stop and lacked independent reasonable suspicion | The additional inquiries were justified by officer suspicion and investigative needs | Court: Monroe’s detention was unreasonably prolonged and violated the Fourth Amendment (government conceded this point) |
| Whether evidence from the second, coordinated stop is admissible despite the first stop’s illegality | The second stop and resulting search were the product of Monroe’s unlawful prolongation; the currency is fruit of the poisonous tree | The second stop was independent (new traffic violations) and exceptions (independent source, inevitable discovery, attenuation) apply | Court: The seized currency was tainted by the first illegal stop and inadmissible; no exception applied |
Key Cases Cited
- Berkemer v. McCarty, 468 U.S. 420 (traffic stops are normally brief and temporary)
- Rodriguez v. United States, 135 S. Ct. 1609 (traffic stop may not be prolonged for unrelated investigations absent independent reasonable suspicion)
- Whren v. United States, 517 U.S. 806 (traffic‑infraction stop is a Fourth Amendment seizure)
- Illinois v. Caballes, 543 U.S. 405 (dog sniff during a lawful traffic stop does not implicate Fourth Amendment if it does not prolong the stop)
- Wong Sun v. United States, 371 U.S. 471 (fruit of the poisonous tree doctrine)
- United States v. Johns, 891 F.2d 243 (9th Cir.) (evidence suppressed when illegal stop significantly directed subsequent investigation)
- United States v. Evans, 786 F.3d 779 (9th Cir. 2015) (unrelated investigations that prolong a stop require independent reasonable suspicion)
- Brown v. Illinois, 422 U.S. 590 (attenuation factors for purging taint)
- Utah v. Strieff, 136 S. Ct. 2056 (independent‑source and attenuation analysis)
- United States v. Foreste, 780 F.3d 518 (2d Cir.) (rejects automatic legitimization of second stop based solely on independent traffic violation)