United States v. Wayne Gordon
2013 U.S. App. LEXIS 25497
| 8th Cir. | 2013Background
- Gordon was indicted for felon in possession of a firearm after a traffic stop and search of his vehicle.
- Officer Helvie observed a white Ford Expedition speeding two blocks away in a 25 mph zone.
- Helvie’s observations and the helicopter unit’s pursuit description led to a stop by Officer Lambright.
- Gordon exited the vehicle with the driver’s door open; he was placed in handcuffs and arrested for careless driving.
- Officer Ferber’s canine search around the Expedition revealed a gun under the driver’s seat, which Helvie observed from outside the vehicle.
- The district court denied Gordon’s motion to suppress; Gordon appeals challenging the stop and the gun discovery.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the stop was lawful. | Gordon argues no reasonable suspicion tying Expedition to speeding exists. | Gordon contends lack of unique identifiers undermines probable cause. | Stop supported by collective information; reasonable suspicion established. |
| Whether the gun discovery was permissible as a search incident to a lawful arrest. | Gordon asserts the search was illegal without consent or probable cause. | Gun found in passenger compartment under driver’s seat during valid search incident to arrest. | Gun discovery valid under search incident to lawful arrest. |
| Whether the canine search affected the admissibility of the gun. | Dog inside the car could have violated Fourth Amendment parameters. | Even if the dog search was improper, it did not cause the gun discovery. | Irrelevant to denial of suppression; independent justification suffices. |
Key Cases Cited
- United States v. Robinson, 119 F.3d 663 (8th Cir. 1997) (information from team may justify a stop)
- United States v. Ortiz-Monroy, 332 F.3d 525 (8th Cir. 2003) (collateral information supports stop)
- United States v. Casteel, 717 F.3d 635 (8th Cir. 2013) (pre-Gant search incident to arrest standards)
- United States v. Hrasky, 453 F.3d 1099 (8th Cir. 2006) (passenger compartment search as incident to arrest)
- Arizona v. Gant, 556 U.S. 332 (2009) (limits on vehicle search incident to arrest; pre-Gant precedents applied)
- United States v. Davis, 569 F.3d 813 (8th Cir. 2009) (searches outside judicial process exceptions)