United States v. Braddy

• Decision Date: 31 August 2021
• Docket Number: No. 19-12823,19-12823
• Parties: UNITED STATES of America, Plaintiff - Appellee, v. James Bernard BRADDY, Defendant - Appellant.
• Court: U.S. Court of Appeals — Eleventh Circuit

11 F.4th 1298

UNITED STATES of America, Plaintiff - Appellee,

v.James Bernard BRADDY, Defendant - Appellant.

No. 19-12823

United States Court of Appeals, Eleventh Circuit.

August 31, 2021

Scott Alan Gray, George A. Martin, Jr., U.S. Attorney Service - Southern District of Alabama, U.S. Attorney's Office, MOBILE, AL, for Plaintiff - Appellee.

William K. Bradford, Henry Chase Dearman, Bradford Ladner, LLP, MOBILE, AL, for Defendant - Appellant.

Before ROSENBAUM, LAGOA, and ED CARNES, Circuit Judges.

LAGOA, Circuit Judge:

James Braddy appeals the district court's order denying his motion to suppress evidence obtained from a search of his vehicle following a traffic stop by law enforcement. Braddy argues that law enforcement lacked reasonable suspicion to initiate the traffic stop, unlawfully prolonged the traffic stop even if there was reasonable suspicion for the initial stop and lacked probable cause to search the vehicle. After careful review and with the benefit of oral argument, we affirm the district court's denial of Braddy's motion to suppress.

I. FACTUAL AND PROCEDURAL BACKGROUND

On September 27, 2018, Officer Austin Sullivan pulled over Braddy on Interstate 65 ("I-65") in Saraland, Alabama, after Officer Sullivan observed Braddy react to the presence of his marked patrol vehicle and observed that Braddy's vehicle's license tag was obscured by two bicycles. During the traffic stop, officers discovered cocaine in Braddy's vehicle following two canine sniffs. Braddy was subsequently charged by a criminal complaint, and then a federal grand jury indicted him for possession with intent to distribute more than five kilograms of cocaine, in violation of 21 U.S.C. § 841(a)(1), and conspiracy to possess with intent to distribute more than five kilograms of cocaine, in violation of 21 U.S.C. § 846. Braddy pleaded not guilty to both counts, and the case was set for trial.

On November 19, 2018, Braddy filed a motion to suppress all the evidence seized by law enforcement from the traffic stop that led to his arrest. Braddy argued that Officer Sullivan's reason for pulling Braddy over—a violation of Ala. Code § 32-6-51, which requires motor vehicle operators to keep their license plates plainly visible—did not provide probable cause because the statute did not apply to Braddy as a nonresident of Alabama. Braddy also argued that law enforcement lacked reasonable suspicion to go beyond the initial traffic stop, which Braddy asserts occurred when Officer Sullivan questioned Braddy regarding his travel plans, itinerary, residency, and ownership of the vehicle. Braddy asserted that his behavior before being pulled over was not suspicious and that his reaction to Officer Sullivan's presence, his nervousness in interacting with Officer Sullivan, and the bicycles blocking his vehicle tag did not provide reasonable suspicion. Finally, Braddy asserted that the dog sniffs did not provide the officers with probable cause to search his car. In support of this argument, Braddy attached a declaration from Andre Jimenez, who opined that the two dogs were being "over handled" by the officers and did not exhibit "alert/indication behavior."

In response, the government asserted that Officer Sullivan's interpretation of Alabama law was correct but that, even if Officer Sullivan was mistaken in his interpretation of the Alabama statute, the interpretation was objectively reasonable. The government also contended that the dog searches occurred during the time that the appropriate investigation accompanying the traffic stop was still underway, explaining that Braddy: (1) was stopped in a well-known corridor used for interstate shipment of drugs; (2) admitted to not owning his vehicle; (3) immediately claimed to be a brother of a law enforcement officer during questioning, whom Braddy called during the stop; and (4) became increasingly nervous despite being told he would only be issued a warning citation. As such, the government asserted that Braddy's own conduct extended the time of the traffic stop and that, under the totality of the circumstances, there was reasonable suspicion that criminal activity may be afoot. Finally, the government contended that the dog searches established probable cause for the warrantless search of the vehicle, noting that Braddy's expert witness had not opined the dogs were not trained or certified.

In December 2018, the district court held a two-day evidentiary hearing on the motion to suppress, at which Officer Sullivan, Lieutenant Gregory Cully, and Braddy's expert witness, Jimenez, all testified and video evidence of the traffic stop was played.¹ Officer Sullivan testified as to the following. While patrolling I-65, Officer Sullivan observed Braddy, who was driving a black Ford Expedition in a relaxed manner, immediately sit up, become rigid, and fixate his focus on the road after Braddy saw the officer's patrol unit. Officer Sullivan also observed that Braddy's license plate was obscured by two bicycles and could only discern that it was a Florida tag. Officer Sullivan then initiated a traffic stop, explaining to Braddy why he pulled him over and asking for his license, registration, and proof of insurance. Officer Sullivan could tell Braddy was "extremely nervous," as Braddy did not make eye contact and stated that his brother was a police officer. Officer Sullivan had Braddy exit the vehicle and come to his patrol car because the information on Braddy's driver's license was not correct, and he needed the correct information to issue Braddy a warning citation. Braddy also indicated that he did not own the vehicle he was driving.

As part of his routine records check in any traffic stop, Officer Sullivan performs a computer check for active arrest warrants and information on the vehicle. During this traffic stop, while Officer Sullivan went through his routine records check, additional officers arrived, including Lieutenant Cully and Officer Dan Taylor. Officer Sullivan asked Lieutenant Cully, a certified dog handler, to run his drug detection dog around Braddy's vehicle while he waited for the warrants check on Braddy. While waiting for the warrant check, Officer Sullivan observed Lieutenant Cully's drug detection dog go into "odor response" while passing the driver's side door. Lieutenant Cully did not notice the response because he was paying attention to the traffic along the interstate. Because Officer Sullivan had previously trained with Lieutenant Cully, he was familiar with how Lieutenant Cully's dog would act when indicating a drug odor. Officer Sullivan exited his patrol car to tell Lieutenant Cully, and Officer Taylor continued with the traffic citation. Officer Sullivan ran his own drug detection dog around Braddy's vehicle, and his dog likewise indicated a drug odor coming from the driver's side. Specifically, Officer Sullivan explained his dog gave a "canine alert" by leaning its body forward, closing its mouth, and changing its breathing and body posture, with the dog's tail becoming erect. The dog, however, was unable to go into its trained "final response," as it was not able to directly pinpoint the odor.

Regarding Braddy's behavior during the stop, Officer Sullivan heard Braddy's phone ring as he approached the vehicle, and Braddy engaged in multiple other phone calls with his brother, the alleged police officer, despite being told multiple times to hang up the phone. Officer Sullivan described Braddy's behavior as aggressive, evasive, and "deceptive" and believed the person on the phone was "coaching him along." Braddy also gave his exact location to the person he was speaking to, which Officer Sullivan considered dangerous based on his experience patrolling I-65. Although Officer Sullivan told Braddy early into the stop that he was only going to give him a warning, Braddy continued to act nervous, failed to make eye contact, and tried to distance himself from the officers. After Officer Sullivan asked Braddy if all the items in the vehicle belonged to him, Braddy denied ownership of two brown duffel bags, which he attributed to another driver of the vehicle, and did not claim direct ownership of the bicycles.

On cross-examination, Officer Sullivan stated that reasonable suspicion of criminal activity began when Braddy reacted to his patrol vehicle and immediately changed his posture. He admitted that Braddy provided his driver's license in the first four minutes and twenty-eight seconds of the stop, although the license did not have the correct address. Braddy did not hand Officer Sullivan his registration and insurance until thereafter because Braddy "had to dig around for them." He explained that he did not run Braddy's information until after more than six minutes into the stop because he was asking Braddy questions. His questions were prompted by the fact that Braddy appeared extremely nervous, had his arms crossed, was not making eye contact, and was stuttering badly. More than six minutes into the stop, Officer Sullivan asked Braddy to sit in his car so that he could run Braddy's information into certain databases. Because it was "first thing in the morning," Officer Sullivan had to log in and get his computer "up and running." Officer Sullivan then began to input the information into several databases while also continuing to question Braddy. While Braddy never gave him conflicting information, Officer Sullivan believed, based on his training and experience, that Braddy was acting in a deceptive manner and was hostile based on his evasive answers. After twelve minutes into the stop, he continued entering Braddy's information into his computer. Officer Sullivan said that Braddy told him he was "scared" and asked permission to call his brother. At that point, Officer Sullivan later admitted, Braddy was not free to leave. Officer Sullivan then asked Braddy if there was cocaine or marijuana in his car, which "escalated" the stop. At this point, Officer Sullivan believed that he had...