United States v. Bradley

• Citation: 370 F.Supp.3d 458
• Decision Date: 02 April 2019
• Docket Number: 1:18-cr-00230
• Parties: UNITED STATES of America, v. Gary BRADLEY, Defendant.
• Court: U.S. District Court — Middle District of Pennsylvania

370 F.Supp.3d 458

UNITED STATES of America,

v.Gary BRADLEY, Defendant.

1:18-cr-00230

United States District Court, M.D. Pennsylvania.

Filed April 2, 2019

Scott R. Ford, Harrisburg, PA, for Plaintiff.

MEMORANDUM AND ORDER

John E. Jones III, United States District Judge

Presently pending before the Court is Defendant Gary Bradley's Motion to Suppress physical evidence discovered by Trooper Wesley Johnson ("Trooper Johnson") as well as any statements Bradley made in connection therewith ("the Motion"). (Doc. 19). The facts of this case are not in dispute. Indeed, nearly the entire interaction was captured by a dashboard camera affixed to Trooper Johnson's patrol car and a microphone affixed to his uniform. The matter has been fully briefed, (Docs. 19, 20, 24, 35, 39), and is ripe for disposition. For the reasons that follow, the Motion shall be granted.

I. BACKGROUND

Trooper Johnson has been a trooper with the Pennsylvania State Police since May 31, 2015 and at all relevant times was assigned to the Troop H Incident Reaction Team. Trooper Johnson describes the Incident Reaction Team as a "proactive patrol unit focused on assisting local, state, or local task forces ... [with] crime patrol ... and local drug interdiction." (Doc. 30 at 4).

On February 10, 2018, Trooper Johnson was performing "aggressive patrol functions" in the Harrisburg area on Highway 81. (Id. at 5). At approximately 1:43 a.m., while parked in his unmarked patrol vehicle in the highway's median, Trooper Johnson noticed a silver Chevrolet sedan with Pennsylvania tags decrease its speed. This vehicle piqued Trooper Johnson's interest because, from his view, it seemed as if the driver was attempting to conceal his face as he drove by. (Id. at 6–8). Trooper Johnson later identified the driver of that vehicle as Defendant Gary Bradley ("Bradley" or "Defendant"). Because Trooper Johnson was suspicious that Bradley may have been attempting to conceal his face because he was driving under the influence ("DUI"), he pulled out from his perch, and trailed behind Bradley's vehicle. Trooper Johnson observed the Chevrolet weave and bob within its lane and clocked the vehicle at 75 miles-per-hour in a 65 miles-per-hour zone using his own vehicle's speedometer. At that point, Trooper Johnson believed that he had probable cause to stop the vehicle because Bradley's "driving behavior [was] potentially consistent with criminal activity." (Doc. 24-1). Accordingly, Trooper Johnson clicked on his emergency lights and initiated a traffic stop. As soon as Trooper Johnson did so, the dash camera affixed to his patrol vehicle began recording. The dash camera collected audio through a microphone affixed to Trooper Johnson's uniform and video through a front-facing camera affixed to his vehicle. This video was submitted by both the Government and the Defendant as exhibits at the suppression hearing held in this matter.¹

After pulling over to the side of the highway, Trooper Johnson approached the Chevrolet from the passenger side and observed Bradley sitting alone in the driver seat with several cell phones and cell-phone charging cords resting on the center console. Trooper Johnson noted that Bradley exhibited "several apparent signs of overt nervousness." (Doc. 30 at 13). Specifically, Trooper Johnson noticed "the tremoring of [Bradley's] voice" and hands "as he searched for his documents," that Bradley "appeared to look around the cabin as if he didn't know exactly what to do," and that Bradley was exhibiting "labored breathing that presented itself throughout the traffic stop." (Id. at 13–14). Trooper Johnson "categorize[d] Mr. Bradley in the top five nervous people that [he had] ever dealt with." (Id. at 14). At the suppression hearing, Bradley testified that his tremors are the result of a motorbike accident in 1988 and that Trooper Johnson neither asked him why his hands were shaking nor provided him with an opportunity to explain. (Id. at 60).

On approach, Trooper Johnson introduced himself and asked Bradley for his license, registration, and proof of insurance. Bradley informed Trooper Johnson that his license was suspended and that the vehicle was a rental but nonetheless provided Trooper Johnson with a state-issued ID and a copy of the vehicle's rental agreement. Trooper Johnson explained to Bradley that he pulled him over because he was bouncing within his lane and was driving too fast. Bradley told Trooper Johnson that he did not realize that he was weaving within his lane because he had been arguing with someone on the phone. Trooper Johnson tried to calm Bradley down, telling him to "take a deep breath." (Gov. Exh. 2 at 1:45).

Trooper Johnson then directed Bradley to accompany him to his patrol vehicle, stating "[l]isten, I'm going to bring you back to my car, okay, we'll see if I can check how many times you've been cited and stuff like that and if I can cut you a break. Okay?" (Id. ). Trooper Johnson continued, "just come on back to my car and we'll work it all out." (Id. ). Bradley acquiesced and exited his vehicle.

According to Trooper Johnson, although the practice of requesting that a driver leave their own vehicle is uncommon, he believed that speaking to Bradley in his patrol car, rather than on the side of the road, furthered his goal of "community[-]oriented policing" and provided an "opportunity to really explain to [Bradley] what we do and why we do it." (Doc. 30 at 15). Trooper Johnson averred that he learned this technique through interdiction classes offered by "Dessert Snow, Triple I Solutions" and "the Shield Initiative through the Pennsylvania State Police." (Id. at 16). Trooper Johnson explained at the suppression hearing that "obtaining or having a driver step out of his comfort zone and in his vehicle and moving them to [the patrol] vehicle allows [the officer] to establish a better baseline in differentiating between the innocent motoring public and individuals engaged in criminal activity." (Id. at 17). Nonetheless, Trooper Johnson specified that he does not request the driver to exit the vehicle because he suspects contraband in the vehicle. (Id. at 18). Trooper Johnson estimated that he makes such a request in approximately 75 to 80 percent of traffic stops. (Id. at 17). At Bradley's state-court preliminary hearing held on February 22, 2018, however, Trooper Johnson offered an alternative explanation for his request; Trooper Johnson testified that he invited Bradley to sit in his vehicle "due to the temperature" and that it was not "appropriate to have him stand out in the cold." (Def. Exh. 104 at 9:00).

After Bradley exited his vehicle to accompany Trooper Johnson to his patrol car, Trooper Johnson asked Bradley for consent to pat him down for weapons. (Gov. Exh. 2 at 1:46). Bradley agreed. Trooper Johnson conducted a frisk, which did not reveal anything of note. Bradley then entered the front passenger door of Trooper Johnson's patrol vehicle.

Upon entering, Trooper Johnson began a query of Bradley's driver's license, criminal history, and driver's history using his patrol car's mobile computer. Almost instantly, Trooper Johnson proceeded to ask Bradley a barrage of additional questions. Trooper Johnson inquired as to whom Bradley was arguing with on the phone, about his travel plans, about the address listed on the vehicle's rental agreement, and about details concerning his family's whereabouts. Trooper Johnson also asked Bradley about his criminal history, including whether he had ever been in trouble with the law for anything besides his license suspension. Bradley informed Trooper Johnson that he had been in trouble for guns in 1998 and that he was under federal supervision as he awaited the start of an incarceration term after pleading guilty to conspiracy to possess heroin. Throughout the questioning—which spanned nearly ten minutes—Trooper Johnson pressed Bradley for details about his crimes and his sentence, for details about his mother and her whereabouts, his travel route, the renter of the vehicle, and the duration of the rental. Trooper Johnson also requested that Bradley provide him with contact information for the person listed on the rental agreement, which, according to Bradley, was his wife. (Gov. Exh. 2 at 1:46–1:54). Bradley answered all of Trooper Johnson's often-repetitive questions.

At one point, Trooper Johnson noted that the last time Bradley had been cited for a driving-related offense was in 2010.² Accordingly, Trooper Johnson informed Bradley that he would "cut him a break" by issuing him "a warning for the speed" and that he would not cite him for "bouncing over the line." (Gov. Exh. 2 at 1:54). Nonetheless, Trooper Johnson testified at the suppression hearing that, "[b]eing that I believed that criminal activity was afoot ... I wanted to confirm or dispel my suspicions at that point in time." (Doc. 30 at 27–28).

After explaining to Bradley that he would issue him only a warning, Trooper Johnson informed Bradley that his partner, Corporal Brian Hoye, had arrived. Corporal Hoye remained stationed directly outside of the front passenger side door—directly outside of where Bradley was sitting—and can be heard in the video announcing himself by saying "how you doing, sir?" (Gov. Exh. 2 at 1:55). Trooper Johnson explained to Bradley that he called Corporal Hoye to the scene because "he does not like people up on his back." (Id. ). Trooper Johnson later testified at the suppression hearing that he requested backup because he intended to request Bradley's consent to search the vehicle and believed that a second unit was necessary to conduct that search. (Doc. 30 at 29). Trooper Johnson explained on cross-examination that "I was going to see how we needed to proceed, whether it was going to be a consent search, probable cause, or requesting a K-9 to the scene." (Id. at 54). Trooper Johnson also testified that, "[a]t that point in time," Bradley was "not free to leave," (Id. at 56; see also Def. Exh. 104 at 9:00), and...