United States v. Thomas Coleman
2012 U.S. App. LEXIS 23055
8th Cir.2012Background
- Coleman was stopped on I-80 in Nebraska after swerving and crossing the fog line twice; the trooper collected Coleman’s social security number to check criminal history and learned of extensive prior offenses.
- Coleman denied drug use and claimed no prior arrests; he admitted medically prescribed marijuana use and stated marijuana was in the motor home.
- Trooper Bauer entered the motor home, conducted a passive sweep, and found a black bag containing a high-point rifle and ammunition, along with marijuana in the front.
- Coleman was charged by grand jury with felon in possession of a firearm; Coleman moved to suppress the stop, the search, and the resulting evidence.
- At sentencing, the district court applied the ACCA enhancement based on three prior convictions; the court overruled objections and imposed a 180-month sentence.
- Coleman appeals the suppression rulings and the ACCA enhancement on multiple grounds.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Probable cause for the initial stop | Coleman | Coleman | Probable cause supported stop based on crossing the fog line |
| Reasonable suspicion to extend the stop | Coleman | Coleman | Detention de minimis or justified to pursue questions after adding SSN check |
| Custodial interrogation and Miranda | Coleman | Coleman | No custodial interrogation; Miranda not required given temporary, non-arrest status |
| Search of the motor home | Coleman | Coleman | Search justified by probable cause; protective sweep valid for officer safety |
| ACCA enhancement viability | Coleman | Coleman | Three prior convictions meet ACCA violent felony/serious drug offense criteria |
Key Cases Cited
- United States v. Solomon, 432 F.3d 824 (8th Cir. 2005) (review of suppression findings; probable cause standard applied de novo)
- United States v. Taylor, 519 F.3d 832 (8th Cir. 2008) (credibility findings virtually unreviewable)
- United States v. Mallari, 334 F.3d 765 (8th Cir. 2003) (probable cause for traffic stop; reasonable belief of traffic violation)
- United States v. Thomas, 93 F.3d 479 (8th Cir. 1996) (scope of permissible questioning during stop; de minimis extension)
- Illinois v. Caballes, 543 U.S. 405 (2005) (traffic-stop duration must be limited to completion of purpose)
- Davis v. United States, 131 S. Ct. 2419 (2011) (reasonable reliance on binding appellate precedent by state officers)
- United States v. Riley, 684 F.3d 758 (8th Cir. 2012) (nervousness and misrepresentation can give reasonable suspicion)
- United States v. Suitt, 569 F.3d 867 (8th Cir. 2009) (evasiveness justifies prolonged stop for questioning)
- Ross v. United States, 456 U.S. 798 (1982) (plain-view probable cause for vehicle searches)
- California v. Carney, 471 U.S. 386 (1985) (motor homes treated as vehicles for Fourth Amendment purposes)
- Banks v. United States, 514 F.3d 769 (8th Cir. 2008) (plain-view or probable cause supports search)
- Forrest v. United States, 611 F.3d 908 (8th Cir. 2010) (ACCA category analysis; violent felony)
- Sonnenberg v. United States, 556 F.3d 667 (8th Cir. 2009) (ACCA prior convictions analysis)