United States v. Reagan, 102910 FED6, 09-5832

Docket Nº:09-5832
Opinion Judge:BECKWITH, Senior District Judge.
Party Name:UNITED STATES OF AMERICA, Plaintiff-Appellee, v. ERNEST REAGAN, Defendant-Appellant.
Judge Panel:Before: KETHLEDGE and WHITE, Circuit Judges; BECKWITH, Senior District Judge.
Case Date:October 29, 2010
Court:United States Courts of Appeals, Court of Appeals for the Sixth Circuit
 
FREE EXCERPT

UNITED STATES OF AMERICA, Plaintiff-Appellee,

v.

ERNEST REAGAN, Defendant-Appellant.

No. 09-5832

United States Court of Appeals, Sixth Circuit

October 29, 2010

ON APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TENNESSEE

Before: KETHLEDGE and WHITE, Circuit Judges; BECKWITH, Senior District Judge.[*]

BECKWITH, Senior District Judge.

Ernest Reagan, a federal prisoner proceeding through counsel, appeals a district court order denying his motion to suppress evidence based on an alleged violation of the Fourth and Fifth Amendments. After the motion was denied, Reagan pleaded guilty to several drug and firearm offenses, and he was sentenced to life imprisonment. Reagan argues that there was no probable cause to arrest him and, thus, all evidence obtained should have been suppressed.

Reagan's arrest occurred at approximately 4 a.m. at a gas station. That morning in 2007, Deputy Sheriff Chad Faulkner, who had just completed his shift, was sitting in his unmarked vehicle at the gas station reading a newspaper when he noticed a black car parked approximately thirty feet behind him. Faulkner heard two people arguing in the car. The passenger, a female, exited the car and entered the gas station. The driver, a male, remained in the car and turned up the volume on his stereo. At that point, Faulkner, who was not in uniform, put on his badge, secured his weapon, and approached the black car from the front and asked the driver (later identified as Reagan), "What's the disturbance?" Reagan replied that there was no disturbance. Faulkner, however, noticed two containers or clear glasses of alcohol in the car's middle console and smelled alcohol coming from the car. He asked Reagan to step out of the car and noticed that, as Reagan attempted to get out of the car, "he stuck his left hand in his left front pocket and pulled a semiautomatic pistol out and put it in the door pocket of the driver's side door." Once Reagan was out of the car, Faulkner cuffed and patted Reagan down. And with Reagan secured, Faulkner read him his Miranda (v. Arizona, 384 U.S. 436 (1966)) rights. He then asked Reagan if there were any other weapons in the car, to which Reagan responded that there was another gun in the car's center console. Faulkner opened the console and retrieved a loaded .38-caliber revolver. He also retrieved the semiautomatic pistol, unloaded both weapons, and placed them on the hood of the...

To continue reading

FREE SIGN UP