Mack v. City of Abilene

• Decision Date: 16 August 2006
• Docket Number: No. 05-10844.,05-10844.
• Citation: 461 F.3d 547
• Parties: Christopher MACK, Plaintiff-Appellant, v. CITY OF ABILENE; Jimmy Seals, Officer; Other Unknown Police Officers of the Abilene Police Department, Individually and in their Official Capacities; Abilene Police Department; Sue Belver, Officer; Roger Berry, Officer; D.W. Havins, Officer; Steve Rogers, Officer; Rodney Smith, Officer, Defendants-Appellees.
• Court: U.S. Court of Appeals — Fifth Circuit

461 F.3d 547

Christopher MACK, Plaintiff-Appellant, v. CITY OF ABILENE; Jimmy Seals, Officer; Other Unknown Police Officers of the Abilene Police Department, Individually and in their Official Capacities; Abilene Police Department; Sue Belver, Officer; Roger Berry, Officer; D.W. Havins, Officer; Steve Rogers, Officer; Rodney Smith, Officer, Defendants-Appellees.

No. 05-10844.

United States Court of Appeals, Fifth Circuit.

August 16, 2006.

COPYRIGHT MATERIAL OMITTED

Shalanda DeShon Moore (argued), Willie & Associates, Houston, TX, for Mack.

Sharon E. Hicks, City Atty., Carolyn Foster, Megan Robbins Santee (argued), Abilene, TX, for Defendants-Appellees.

Theresa Whitehead James, Abilene, TX, for City of Abilene.

Appeal from the United States District Court for the Northern District of Texas.

Before DeMOSS, BENAVIDES and PRADO, Circuit Judges.

PER CURIAM:

The focus of this case is whether Appellant Christopher Mack's Fourth Amendment rights were violated by a series of warrantless vehicle searches. As set out below, we have determined that one of the vehicle searches was unconstitutional. Relatedly, we hold that the police officers who conducted that search are not entitled to the defense of qualified immunity. Additionally, we hold that the arrest and apartment search warrant was valid and that Appellant's arrest therefore was lawful. Finally, we affirm the dismissal of Appellant's state law claims against the City of Abilene but vacate the dismissal of Appellant's section 1983 claims against the City of Abilene.

I. FACTUAL AND PROCEDURAL HISTORY

The named police officers ("Appellees"), who were employed by the City of Abilene (the "City"), applied for and received a warrant to arrest Appellant and search his apartment based on information obtained from a confidential informant. The confidential informant stated that he had seen Appellant with marijuana at Appellant's apartment.

The next day, Appellant left his place of employment, a restaurant, and walked across a parking lot toward his parked Suburban. As he approached the vehicle, Appellant remotely unlocked the doors and started the engine. Immediately thereafter, he was intercepted by two officers, including Officer Jimmy Seals. Appellant confirmed his identity. Officer Seals then placed him under arrest. After searching Appellant and finding no weapons or contraband, Appellees handcuffed Appellant and placed him in a police vehicle. Appellees then advised Appellant that the officers had an arrest and search warrant for him and his apartment. They then searched the Suburban after placing him in a patrol car. A search of the vehicle revealed no weapons or contraband.

Appellees subsequently transported Appellant to his apartment complex in a police vehicle, with one officer driving Appellant's vehicle to the complex. Appellees obtained a key and executed a search of the apartment. Again, no contraband was found. Appellees next searched Appellant's Suburban a second time. Appellees found one marijuana seed. Then, Appellees searched Appellant's Cadillac, which was parked in the apartment complex lot. Appellees found nothing illegal. Consequently, Appellant was released and no charges were filed against him.

Appellant filed suit against Appellees and the City alleging that Appellees violated his constitutional rights pursuant to 42 U.S.C. §§ 1983, 1985 and that the unconstitutional conduct by the police was the result of the City's official policy, custom, or practice. He additionally brought state law claims. Appellees filed a motion to dismiss and motion for summary judgment, claiming that the warrant was valid, all of the searches were constitutional, and, even if a search were unconstitutional, Appellees are immune from liability. The district court granted Appellees' motions on all claims. Appellant appeals.

II. DISCUSSION

When ruling upon a qualified immunity issue, the Supreme Court has instructed that the threshold question to be answered is: "[T]aken in the light most favorable to the party asserting the injury, do the facts alleged show the officer's conduct violated a constitutional right?" Saucier v. Katz, 533 U.S. 194, 201, 121 S.Ct. 2151, 150 L.Ed.2d 272 (2001). Thus, as a threshold matter, we must decide whether the alleged facts, viewed in the light most favorable to Appellant, show that Appellant's constitutional rights were violated. We first briefly discuss the validity of the warrant. Second, we analyze the constitutionality of his arrest and the searches of his two vehicles. See U.S. CONST. amend. IV. Finding an unconstitutional search of one of the vehicles, we then examine whether Appellees are protected by the defense of qualified immunity. Finally, we address whether Appellant's constitutional and state law claims against the City were properly dismissed by the district court.

A. The Warrant Was Valid

Appellant challenges the warrant on the basis of insufficient probable cause. He claims the magistrate incorrectly determined that probable cause existed and therefore issued an invalid warrant. In reviewing the issuance of a warrant, we pay great deference to a magistrate's determination of probable cause. Illinois v. Gates, 462 U.S. 213, 236, 103 S.Ct. 2317, 76 L.Ed.2d 527 (1983). The Fourth Amendment merely requires a showing that "the magistrate had a substantial basis for . . . [concluding] that a search would uncover evidence of wrongdoing." Gates, 462 U.S. at 236, 103 S.Ct. 2317 (internal quotation marks omitted). That said, courts must not "defer to a warrant based on an affidavit that does not provide the magistrate with a substantial basis for determining the existence of probable cause." United States v. Leon, 468 U.S. 897, 915, 104 S.Ct. 3405, 82 L.Ed.2d 677 (1984) (internal quotation marks omitted).

The magistrate considered the affidavit of Officer Seals. In his affidavit, Officer Seals states that an informant reported that Appellant possessed marijuana at his residence. "An informant's `veracity,' `reliability,' and `basis of knowledge' are all highly relevant in determining the value of his report." Gates, 462 U.S. at 230, 103 S.Ct. 2317. Here, the informant's report was based on a direct, personal observation. Officer Seals stated that the informant "knows what marijuana looks like in it's [sic] various forms, including the odor of burning marijuana . . . ." It was with that knowledge that the informant reported that Appellant possessed marijuana in his apartment within the prior forty-eight hours. Thus, Officer Seals established the informant's basis of knowledge.

Officer Seals also established the veracity and reliability of the informant by stating that, although he only knew the informant for less than a month, the informant had supplied Officer Seals with truthful and correct information about criminal activity. Additionally, the informant is described as lawfully employed within the community and having no felony convictions. Officer Seals, in his affidavit, presented facts tending to evince the veracity and reliability of the informant. In sum, the magistrate had a substantial basis for finding probable cause. Therefore, the warrant should be considered facially valid.

Appellant additionally argues that the warrant was facially invalid because the affidavit "contains conclusory, vague and ambiguous allegations regarding the credibility of the confidential informant." However, the affidavit was specific in its statement regarding the knowledge obtained from the informant. Appellant has not pointed to particular claims in the affidavit as false and therefore does not seem to be making a Franks challenge. See Franks v. Delaware, 438 U.S. 154, 98 S.Ct. 2674, 57 L.Ed.2d 667 (1978). Therefore, Appellant's facial attack fails.

We cannot conclude that Appellant's arrest was unconstitutional. "The Constitution does not guarantee that only the guilty will be arrested." Baker v. McCollan, 443 U.S. 137, 145, 99 S.Ct. 2689, 61 L.Ed.2d 433 (1979). An arrest pursuant to a properly issued warrant is not unconstitutional, and "a complaint based on such an arrest is subject to dismissal for failure to state a claim." Smith v. Gonzales, 670 F.2d 522, 526 (5th Cir.1982). Appellees arrested Appellant pursuant to a valid warrant.¹ Accordingly, we reject Appellant's contention that his arrest was unconstitutional and affirm the dismissal of this claim.

B. Fourth Amendment Claims

Appellees searched Appellant's Suburban twice and also searched his Cadillac. Each of these searches is evaluated below. Unless otherwise stated, we review the district court's findings of fact for clear error and its ultimate determination of Fourth Amendment reasonableness de novo. United States v. Sinisterra, 77 F.3d 101, 104 (5th Cir.1996).

1. Both Searches of the Suburban Were Constitutional

Appellant claims that Appellees unlawfully searched his Suburban after his arrest and later in his apartment complex parking lot. Appellant's argument fails. The searches were constitutional under the automobile exception to the warrant requirement. This exception applies when a vehicle is "readily capable" of "being used on the highways," and it "is found stationary in a place not regularly used for residential purposes. . . ." California v. Carney, 471 U.S. 386, 105 S.Ct. 2066, 85 L.Ed.2d 406 (1985). Under the automobile exception, officers may conduct a search if they have probable cause to believe that the vehicle contains contraband or evidence of a crime. United States v. Buchner, 7 F.3d 1149, 1154 (5th Cir.1993). "Probable cause exists when facts and circumstances within the knowledge of the arresting officer would be sufficient to cause an officer of reasonable caution to believe that an offense has been or is being committed." United States v. Carrillo-Morales, 27 F.3d 1054, 1062 (5th Cir.1994).

Here, Appellees had probable cause to search the Suburban both times. The district court found that Officer Seals was told by the informant...