U.S. v. Griggs

• Decision Date: 15 September 2000
• Docket Number: No. 4:CR-00-0072.,4:CR-00-0072.
• Citation: 114 F.Supp.2d 334
• Parties: UNITED STATES of America v. David M. GRIGGS, a/k/a David Briggs, a/k/a David Greggs, a/k/a James Brook, a/k/a David Drummond, and Eric Spencer Saunders, a/k/a Eric Spencer, Defendants.
• Court: U.S. District Court — Middle District of Pennsylvania

114 F.Supp.2d 334

UNITED STATES of America v. David M. GRIGGS, a/k/a David Briggs, a/k/a David Greggs, a/k/a James Brook, a/k/a David Drummond, and Eric Spencer Saunders, a/k/a Eric Spencer, Defendants.

No. 4:CR-00-0072.

United States District Court, M.D. Pennsylvania.

September 15, 2000.

John J. McCann, Assistant United States Attorney, United States Attorney's Office, Williamsport, PA, Counsel for the government.

D. Toni Byrd, Assistant Federal Public Defender, Williamsport, PA, Counsel for defendant Saunders.

Douglas B. Chester, Spring Mills, PA, Counsel for defendant Griggs.

MEMORANDUM

McCLURE, District Judge.

BACKGROUND:

On March 8, 2000, a grand jury sitting in the Middle District of Pennsylvania returned an indictment charging defendants David M. Griggs and Eric Spencer Saunders with possession with intent to distribute in excess of 50 grams of cocaine base (crack cocaine), in violation of 21 U.S.C. § 841(a)(1), (b)(1)(A)(iii). Both defendants entered pleas of not guilty at arraignment, on March 29, 2000 (Griggs), and April 11, 2000 (Saunders). Jury selection currently is scheduled for October 2, 2000.

Before the court is a motion by Saunders to suppress evidence, in which Griggs has joined. An evidentiary hearing on the motion was conducted on August 11, 2000, involving both defendants. Defendants were granted additional time for supplemental briefing and the government given leave to respond. Defendants' supplemental briefs have been filed, and we find no need to await a further response from the government. We address the motion as applicable to both defendants.

DISCUSSION:

I. FINDINGS OF FACT

The court makes the following findings of fact and reaches the conclusions of law set forth in Section V, below, for purposes of disposition of the motion to suppress, there being no "good cause" to defer ruling on the motion until trial. Fed. R.Crim.P. 12(e). The findings of fact and conclusions of law are recited herein pursuant to the same Rule.

1. On February 29, 2000, Corporal Terrance Jankouskas of the Pennsylvania State Police (PSP) was patrolling in a canine unit/cruiser on Interstate Highway 80 in northeast Pennsylvania.

2. At approximately 9:15 p.m., Jankouskas was traveling in the left-hand lane westbound on I-80 in Butler Township, Luzerne County.

3. Jankouskas was traveling faster than other traffic.

4. Jankouskas caught up to a silver Mercury Cougar with an older-style (blue with gold lettering) Pennsylvania license plate and a temporary registration sticker, consisting of a white, 1" × 1" sticker with a red "T."

5. Because the plate was older, as indicated by the style and the series of letters at the beginning of the license plate number, and had a "T" sticker, Jankouskas' attention was drawn to the vehicle and he followed it.

6. In a space of approximately 1½ miles, the Cougar left its lane of travel, crossed the solid white line on the right side of the road, and drove along the berm of the highway three times.

7. Trooper Jankouskas stopped the vehicle due to the swerving and because of the "T" sticker, and not for speeding or any other traffic violation.

8. The Cougar was not the subject of any investigation prior to the vehicle stop by Jankouskas.

9. The Cougar was stopped between the Interstate Highway 81 overpass and the entrance ramp from I-81, which would be just to the west of the I-81 overpass.

10. Jankouskas approached the Cougar on the driver's side and asked the driver for his license and the vehicle registration.

11. Inside the vehicle were two people, both Black males; Jankouskas is White.

12. Before stopping the vehicle, Jankouskas could tell that there were at least two people in the car, but could not identify any physical characteristics, and could not tell if there were more people in the car.

13. The driver patted his pockets as though looking for a wallet while the passenger looked in the glove compartment.

14. Jankauskas asked the driver to exit the vehicle, and was handed a vehicle registration card by the passenger.

15. The vehicle registration card was for a Cadillac, not a Mercury.

16. The driver told Jankauskas that his name was Eric Spencer and gave a date of birth of March 19, 1953, but indicated that he had forgotten his wallet.

17. When asked about the "T" sticker and the swerving, the driver stated that the car belonged to the passenger and that he was driving because the passenger could not drive at night.

18. When asked about their destination, the driver stated that they had gone to Philadelphia to shop and to get some food, and had been there about two hours.

19. During this conversation, the driver appeared very nervous to Jankouskas.

20. After stating that they had been shopping, the driver approached the trunk of the Cougar and stated that he would show Jankouskas what they had bought.

21. Jankouskas declined to look in the trunk and went to question the passenger.

22. The passenger handed Jankouskas a Pennsylvania driver's license (with a photograph) which identified the passenger as David Milton Griggs.

23. Griggs indicated that he was the owner of the vehicle.

24. Griggs identified the driver as Eric Saunders and stated that he does not drive at night due to his vision.

25. Griggs stated that they had gone to Philadelphia to visit family and had been there about five hours.

26. Griggs also appeared extremely nervous to Jankouskas.

27. Griggs returned to his vehicle to check Griggs' license and vehicle registration.

28. While in his vehicle, Jankouskas wrote a warning for the driver, stating the correct name of Eric Spencer Saunders.

29. When PSP Trooper Rossi arrived as backup, Jankouskas asked Saunders to exit the vehicle a second time and confronted him with the conflicting names.

30. Saunders then admitted to the correct name and provided the correct date of birth, March 19, 1953, and was given the written warning by Jankouskas.

31. Saunders also admitted that his license had been suspended.

32. When he gave Saunders the warning, Jankouskas asked if there was anything illegal in the car.

33. Saunders responded in the negative and went again to the trunk, telling Jankouskas that he could look.

34. Jankouskas declined and instead asked Saunders for consent to search the vehicle.

35. Jankouskas showed Saunders a consent-to-search form, explained its contents, and told Saunders that he could refuse consent or stop the search at any time.

36. Saunders signed the form but indicated that he was not the owner of the vehicle.

37. While consent to search the vehicle was being obtained from Saunders, Griggs was in the vehicle reading, or purporting to read, a newspaper; Jankouskas did not believe that Griggs actually was reading the paper.

38. Jankouskas asked Griggs to exit the vehicle and whether there was anything illegal in the vehicle.

39. Griggs said "no" but looked down and turned away from Jankouskas.

40. Jankouskas asked Griggs for consent to search the vehicle and told him that he could refuse consent or stop the search at any time.

41. Griggs signed the form indicating that Jankouskas had consent to search the vehicle.

42. The form is signed by Trooper Rossi as a witness.

43. Saunders and Griggs were "patted down" before their vehicle was searched, but no weapons or contraband was found on their persons.

44. Because he intended to allow his dog to sniff the inside of the Cougar and as part of his search routine, Jankouskas examined the inside of the vehicle for any item which could harm the dog or the odor of which would distract the dog, the latter including such things as food items.

45. Jankouskas removed a bag with three hoagies from the back seat of the vehicle, but noticed that the wrapper was loose on one of the hoagies, as if it had been opened and then re-wrapped.

46. Jankouskas opened the package that appeared re-wrapped and found a white, chunky substance which he believed to be crack cocaine.

47. Both defendants were placed under arrest and read their rights under Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966).

48. Both defendants indicated that they understood their rights.

49. Saunders made a short statement in response to questions from Jankouskas at the scene of the arrest, but Jankouskas stopped the interrogation when a tow truck appeared.

50. Both defendants were transported to the PSP barracks in Hazleton.

51. Both defendants made statements at the PSP barracks.

II. STANDARD

Generally, the Fourth Amendment to the Constitution of the United States, applicable to the states through the Fourteenth Amendment, requires probable cause and a warrant before police may make an arrest or conduct a search. Maryland v. Dyson, 527 U.S. 465, 466, 119 S.Ct. 2013, 144 L.Ed.2d 442 (1999) (per curiam); Dunaway v. New York, 442 U.S. 200, 207, 99 S.Ct. 2248, 60 L.Ed.2d 824 (1979). However, under the rule of Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968), a police officer may conduct a brief investigatory stop based on a reasonable and articulable suspicion that a particular person has committed, is committing, or is about to commit a crime. See also Berkemer v. McCarty, 468 U.S. 420, 439, 104 S.Ct. 3138, 82 L.Ed.2d 317 (1984). A routine traffic stop is analogous to a "Terry stop" and therefore also is analyzed under the reasonable suspicion standard. Id. (quoting United States v. Brignoni-Ponce, 422 U.S. 873, 881, 95 S.Ct. 2574, 45 L.Ed.2d 607 (1975)). See also United States v. Johnson, 63 F.3d 242, 245 (3d Cir.1995) (applying Terry standard to motor vehicle stop), cert. denied, 518 U.S. 1007, 116 S.Ct. 2528, 135 L.Ed.2d 1052 (1996); Commonwealth v. Anderson, 753 A.2d 1289, 1292-1293 (Pa.Super.Ct.2000) (under Pennsylvania law, "reasonable and articulable" standard applies to stop of a motor vehicle). There is no requirement that a law enforcement officer making a vehicle stop obtain a warrant when there is probable cause to search the...