Zanders v. United States, 75 A.3d 244

On Dec. 11, 2010, MPD officers stopped an Oldsmobile for an improper left turn; four occupants included driver Brandon Hebron and appellant Zanders (rear right seat).
Officers checked Hebron’s license number (found valid) but had remaining questions about ownership and whether the license belonged to Hebron; backup arrived.
Hebron refused consent to search the car but consented to a search of the occupants; officers ordered all out of the vehicle for safety.
While occupants exited, an officer observed a gun magazine protruding under the front seat; another officer saw Zanders grab and drop a black jacket onto the rear floor where a second gun was later found.
After arrest, Zanders was searched and found with $3,600 (and the opinion references $8,600 total on person), multiple ziplock bags and an 8.3-ounce rock of cocaine; items and both firearms were seized.
Zanders was convicted of possession with intent to distribute while armed and three firearm-related offenses; he appealed suppression and sufficiency-of-evidence rulings.

Issue	Zanders' Argument	Government's Argument	Held
1. Whether post-stop questioning, ordering occupants out, and subsequent seizures violated the Fourth Amendment	Stop was complete after license check; further questioning and ordering out unlawfully extended the stop and led to invalid seizures	Officers reasonably continued inquiry due to unresolved questions about license/registration; ordering occupants out was permissible for safety; gun in plain view and conduct provided probable cause	Court affirmed: additional questioning did not unreasonably extend the stop; ordering occupants out lawful; plain-view magazine and subsequent discovery gave probable cause and justified searches/arrests
2. Whether evidence was sufficient to prove Zanders constructively possessed the rear-seat gun and drugs	Dropping the jacket was innocent or insufficient to show control or knowledge of the gun; mere proximity and low visibility at dusk insufficient	Zanders’ act of picking up and dropping the jacket that covered the gun, combined with drugs, scale, cash, and expert testimony linking guns to drug dealing, provided the “something more” linking him to the gun	Court affirmed: jury reasonably could find knowledge and intent to exercise dominion and control; evidence sufficient

Brendlin v. California, 551 U.S. 249 (passengers are seized during a traffic stop)
Arizona v. Johnson, 555 U.S. 323 (officer may ask questions unrelated to stop so long as stop is not measurably extended; officers may order occupants out for safety)
Rakas v. Illinois, 439 U.S. 128 (passenger standing limitations to challenge searches)
Rivas v. United States, 783 A.2d 125 (constructive possession requires knowledge plus ability and intent to exercise dominion; proximity alone insufficient)
Umanzor v. United States, 803 A.2d 983 (plain-view contraband in vehicle can provide probable cause to arrest occupants)
Smith v. United States, 899 A.2d 119 (examples of affirmative conduct linking defendant to contraband)
Holt v. United States, 675 A.2d 474 (search incident to arrest scope)