U.S. v. Jackson

Decision Date07 August 2002
Docket NumberNo. 01-4347.,01-4347.
Citation300 F.3d 740
PartiesUNITED STATES of America, Plaintiff-Appellee, v. Joseph JACKSON, Defendant-Appellant.
CourtU.S. Court of Appeals — Seventh Circuit

Jonathan L. Marks (Argued), Office of the United States Attorney, Hammond, IN, for Plaintiff-Appellee.

Casey J. McCloskey (Argued), Merrillville, IN, for Defendant-Appellant.

Before BAUER, RIPPLE and KANNE, Circuit Judges.

BAUER, Circuit Judge.

Apellant Joseph Jackson was convicted on two counts of possession with intent to distribute cocaine, 21 U.S.C. § 841(a)(1), one count of carrying a firearm in connection with drug trafficking, 18 U.S.C. § 924(c), and one count of being a felon in possession of a firearm, 18 U.S.C. § 922(g)(1). Jackson was sentenced to 138 months imprisonment. He appeals his conviction and sentence, arguing: (1) the district court erred in denying his motion to suppress evidence obtained in a search; (2) there was insufficient evidence to sustain a conviction under section 924(c); (3) the district court erred in denying his motion to suppress his Miranda waiver and post-arrest statement; and (4) the district court erred in enhancing his sentence for obstruction of justice, pursuant to section 3C1.1 of the Sentencing Guidelines. Because we find Jackson's arguments without merit, we affirm.

BACKGROUND

On March 29, 2000, at 12:45 a.m., two Gary Police officers, including Officer Eakins, were patrolling along Route 20, near Highway 51, in Gary, Indiana. Officer Eakins regularly patrolled this area and was aware that truck drivers often park in the area at night. Officer Eakins also knew this location was routinely used for the sale of drugs and the provision of prostitution services. The officers observed a car turn into a restaurant parking lot without signaling. They stopped the car and found Joseph Jackson in the front passenger seat. In the car, the officers also found a firearm and a small plastic bag containing a white, rock-like substance that tested positive for cocaine. Jackson had no permit for the firearm and was a convicted felon. Jackson and the driver were arrested. On June 20, 2000, at 12:30 a.m., Officer Eakins was patrolling the same area when he observed a car driving around the same restaurant parking lot. The car pulled alongside several trucks in the lot and sat next to each truck for a short period of time before moving on to the next truck. Based on Officer Eakins' experience, he believed this pattern was consistent with either prostitution or the selling of narcotics. When the officer stopped the car, he again found Jackson in the passenger seat and the same individual in the driver's seat. He also found cocaine, packaged in 13 individual baggies, under Jackson's foot. Both individuals were arrested.

On November 3, 2000, at 4:02 a.m., again patrolling the same area, Officer Eakins observed someone walking in the middle of the right lane on Route 20, a four-lane highway. Concerned for the safety of this person, as well as drivers on the highway, the officer stopped the pedestrian and immediately recognized him as Jackson.

Officer Eakins and another officer told Jackson that he was in violation of the law for obstructing traffic. They conducted a pat-down search and found a loaded .22 caliber revolver with an approximately 6-inch barrel in Jackson's waistband. Jackson was arrested and searched. A clear plastic bag, containing 26 small baggies, each of which held a white-rock substance, later determined to be cocaine, was found on his person.

On November 6, 2000, Gary police officers interviewed Jackson. He admitted to possessing crack cocaine on November 3, 2000, and he explained that he had purchased dime bags of the drug from his cousin and intended to sell them at truck stops along Route 20 to truck drivers. He also admitted to possessing a firearm at the time of his arrest.

Prior to trial, Jackson filed a motion to suppress the firearm and drugs seized on November 3, 2000. Jackson also moved to suppress the statement he gave to law enforcement officers on November 6, 2000, arguing that this statement was obtained in violation of Miranda v. Arizona. After separate evidentiary hearings, the district court denied both motions.

Jackson was tried by a jury and convicted on 4 counts: two counts of possession with intent to distribute cocaine, 21 U.S.C. § 841(a)(1), one count of carrying a firearm in connection with drug trafficking, 18 U.S.C. § 924(c), and one count of being a felon in possession of a firearm, 18 U.S.C. § 922(g)(1). At sentencing, the district court enhanced Jackson's sentence for obstruction of justice, based on its finding that Jackson falsely testified at the suppression hearing. Jackson was sentenced to serve 138 months imprisonment. This appeal followed.

ANALYSIS
A. Motion to Suppress Evidence

Jackson first argues that the district court erred when it denied his motion to suppress the firearm and crack cocaine recovered from his person on November 3, 2000. We review a district court's findings of fact in a suppression hearing for clear error and its conclusions of law de novo. United States v. Meyer, 157 F.3d 1067, 1079 (7th Cir.1998). A factual finding is clearly erroneous when, although there is evidence to support it, the reviewing court is "left with the definite and firm conviction that a mistake has been made." United States v. Gravens, 129 F.3d 974, 978 (7th Cir.1997). Given the fact-specific nature of motions to suppress, "reviewing courts give special deference to the trial court that heard the testimony and had the best opportunity to observe the witnesses at the suppression hearing." United States v. French, 291 F.3d 945, 951 (7th Cir.2002).

Jackson argues that the officers' search of his person and seizure of the drugs and the firearm on November 3, 2000, violated his Fourth Amendment rights. The Fourth Amendment protects against "unreasonable searches and seizures," and generally police officers must have probable cause before making an arrest or conducting a search. This amendment does not preclude any encounter between the police and citizens. United States v. Swift, 220 F.3d 502, 506 (7th Cir.2000). Under the principles established in Terry v. Ohio and its progeny, even without probable cause, police may conduct an investigatory stop, limited in scope and executed through the least restrictive means reasonable. Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968). To make an investigatory stop, an officer needs only reasonable suspicion supported by articulable facts that criminal activity is afoot. Terry, 392 U.S. at 30; Swift, 220 F.3d at 506. Reasonable suspicion is "some objective manifestation that the person stopped is, or is about to be, engaged in criminal activity." United States v. Cortez, 449 U.S. 411, 417, 101 S.Ct. 690, 66 L.Ed.2d 621 (1981).

Evaluating the reasonableness of a Terry stop, we first look to see whether the officers' actions were justified at the inception of the stop; next, we examine whether the stop was reasonably related in scope to the circumstances that justified the stop in the first place. Swift, 220 F.3d at 506. This analysis "involves a consideration of `the totality of circumstances known to the officers at the time of the stop'" Id. (quoting United States v Quinn, 83 F.3d 917 (7th Cir.1996)). This includes the "experience of the law enforcement agent and the behavior and characteristics of the suspect." United States v. Odum, 72 F.3d 1279, 1284 (7th Cir.1995). An officer may also consider whether the location of the stop is a "high crime area." United States v. Brown, 188 F.3d 860, 865 (7th Cir.1999) ("courts may consider the defendant's presence in a high crime area as part of the totality of circumstances confronting the officer at the time of the stop."). In addition, an officer's prior dealings with the particular individual or knowledge of a criminal record might also contribute to the basis for reasonable suspicion. United States v. Mitchell, 256 F.3d 734, 737 (7th Cir.2001) (discussing officer's prior knowledge of defendant's history); United States v. Walden, 146 F.3d 487, 491 (7th Cir.1998) ("a criminal record in conjunction with other information can form the basis of a reasonable suspicion").

A proper Terry stop must be reasonable in scope and duration and officers are permitted to take reasonable steps to insure their own safety. Terry, 392 U.S. at 30. Accordingly, the search must "be confined in scope to an intrusion reasonably designed to discover guns, knives, clubs or other hidden instruments for the assault of the police officer." Id. at 29. This includes conducting a pat-down search of the outer clothing of the stopped individual. Id. at 29-30.

In light of these standards, we agree with the district court that the police properly seized the firearm from Jackson's waistband. Officer Eakins and another Gary officer observed Jackson walking down the middle of a four-lane highway at approximately 4:20 a.m., conduct which constitutes the offense of obstructing traffic. The officers were aware that they were patrolling a high crime area known to be the location of drug traffic and the sale of prostitution. Upon nearing Jackson, Officer Eakins recognized him from the two previous arrests in which he recovered drugs and a firearm from Jackson at almost the same location. Eakins also knew that Jackson was a convicted felon. On this basis, it was reasonable to suspect that Jackson was engaging in drug-related activity. These facts amount to the requisite reasonable suspicion to make the investigatory stop under Terry. With the knowledge that Jackson was armed in the past, the officers were appropriately concerned for their safety; they conducted a pat-down search, limited in scope to only Jackson's outer clothing, and found a firearm in his waistband. This firearm was properly seized and the district court did not err in...

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