United States v. Upchurch
2:24-cr-01685
D. Ariz.May 16, 2025Background
- Officer Fuller observed Sammel Upchurch driving a Buick in Phoenix after leaving a parking lot known for high drug activity, following several traffic violations, including speeding and failing to signal.
- Fuller pulled over the car, saw Upchurch attempt to hide a gun magazine during the stop, and then handcuffed and detained both occupants for officer safety.
- Upchurch admitted to possessing a firearm as a prohibited felon after being Miranda-warned, leading to discovery of firearms and ammunition in the car.
- Upchurch was charged with unlawful possession of a firearm and ammunition as a felon under 18 U.S.C. § 922(g)(1).
- Upchurch moved to suppress all evidence from the stop, alleging a violation of his Fourth Amendment rights.
- Following briefing and an evidentiary hearing, the court ruled on the motion to suppress.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Validity of initial traffic stop | Officer observed multiple traffic violations | Stop lacked reasonable suspicion; selective enforcement | Stop was supported by reasonable suspicion |
| Legality of prolonging the stop | Officer saw furtive movement with gun magazine | Prolongation was not justified | Prolongation supported by reasonable suspicion |
| Search of vehicle for firearms | Admission and probable cause after furtive conduct | Search exceeded scope of stop | Search supported by probable cause |
| Suppression of evidence under Fourth Amendment | Evidence lawfully obtained | Evidence must be suppressed | Motion to suppress denied |
Key Cases Cited
- Whren v. United States, 517 U.S. 806 (traffic violation provides sufficient reasonable suspicion for stop, even if pretextual)
- Heien v. North Carolina, 574 U.S. 54 (reasonable suspicion can exist even with reasonable factual mistake)
- United States v. Arvizu, 534 U.S. 266 (totality of the circumstances governs reasonable suspicion)
- United States v. Choudhry, 461 F.3d 1097 (traffic stops must be justified by reasonable suspicion)
- United States v. Baker, 850 F.2d 1365 (probable cause to search when officer sees ammunition and movements)
- Rodriguez v. United States, 575 U.S. 348 (stop prolongation requires independent reasonable suspicion)