United States v. Clark
| Decision Date | 17 September 2021 |
| Docket Number | 20-cr-213 (MJD/LIB) |
| Parties | UNITED STATES OF AMERICA, Plaintiff, v. Gerald Sean Clark, Defendant. |
| Court | U.S. District Court — District of Minnesota |
REPORT AND RECOMMENDATION
This matter comes before the undersigned United States Magistrate Judge pursuant to a general assignment, made in accordance with the provisions of Title 28 U.S.C. § 636 and Local Rule 72.1, upon Defendant Gerald Sean Clark's (“Defendant”) Motion to Suppress Evidence Obtained Through Illegal Search and Seizure (hereinafter “Motion to Suppress Evidence”), [Docket No. 55] as well as, his Pretrial Motion for Dismissal of Indictment (hereinafter “Motion to Dismiss the Indictment”). [Docket No. 24]. The Court held a Motions Hearing on July 13 2021, regarding Defendant's pretrial Motion to Suppress Evidence.[1] At the Motions Hearing, the parties requested, and were granted, the opportunity to submit supplemental briefing. Upon the completion of that briefing, Defendant's Motion to Suppress Evidence, [Docket No. 55], and Motion to Dismiss the Indictment, [Docket No. 24], were taken under advisement.
For reasons discussed herein, the Court now recommends that Defendant's Motion to Suppress Evidence, [Docket No. 55], be DENIED, and Defendant's Motion to Dismiss the Indictment, [Docket No. 24], be DENIED.
Defendant is charged with one (1) count of being a felon in possession of a firearm in violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2), and two (2) counts of being a felon in possession of ammunition in violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2). (Indictment [Docket No. 13]).
The record presently before the Court indicates that, on the evening of July 10, 2020, Minnesota State Patrol Trooper Jacob Christopherson (hereinafter “Trooper Christopherson”) observed a dark colored sports utility vehicle slow down and perform a U-turn into a median crossing on Interstate 35 near mile marker 216. (See Tr. 11-12; see also Gov't's Ex. 1, at 0:00:47-0:00:53).[2] A sign in the median crossing provided that U-turns were not permitted. (Gov't's Ex. 1, at 0:00:53). Upon observing this, Trooper Christopherson activated his emergency lights to initiate a traffic stop of the vehicle. (Tr. 12). The vehicle stopped on the shoulder of the interstate. (Gov't's Ex.1, at 0:01:29).
Trooper Christopherson approached the vehicle wherein he observed Defendant in the driver's seat as the sole occupant in the vehicle. (Tr. 12). Trooper Christopherson explained to Defendant the reason he had initiated the traffic stop, (Gov't's Ex. 1, at 0:01:47), and while doing so, he immediately observed that Defendant had an “excited demeanor”; “was frantic”; “moving around in the vehicle”; “shaking”; and Defendant's “voice quivered.”[3] (Tr. 13). Trooper Christopherson asked Defendant for his license and proof of insurance at which point Defendant admitted that he did not have his driver's license with him. (Gov't's Ex. 1, at 0:01:55-0:01:59). Defendant also stated that he was travelling from Duluth, Minnesota to a casino in Hinkley, Minnesota. (Tr. 14; Gov't's Ex. 1, at 0:02:02-0:03:14). When Trooper Christopherson informed Defendant that, if Defendant were headed from Duluth to Hinkley then he should have originally been heading southbound as opposed to northbound, Defendant stated that he had exited the interstate to purchase food, but he drove in the wrong direction when he drove back onto the interstate. (Gov't's Ex. 1, at 0:02:55-0:03:17). Defendant explained that this was the reason he made the U-turn. (Id.).
Defendant identified himself as “Jerry Sean Clark” by writing it down on the Trooper's notepad while stating that he “[doesn't] drink, do drugs, nothing.” (Tr. 13; Gov't's Ex. 1, at 0:02:25-0:03:20). Defendant also informed Trooper Christopherson that he was “jittery” because he did not have his license and because he did not want the vehicle towed. (Gov't's Ex. 1, at 0:03:22-0:03:27). Trooper Christopherson observed that Defendant was “shaking to the point where when he wrote on [the] notepad, [Trooper Christopherson] had to clarify [Defendant's] writing because it was almost illegible.” (Tr. 13; Gov't's Ex. 1, at 0:03:34-0:03:43). Defendant also informed Trooper Christopherson that the vehicle did not belong to Defendant. (Gov't's Ex. 1, at 0:03:28-0:03:33). Defendant went on to further admit that his license had been suspended. (Id. at 0:03:48). Defendant continued to express that he did not want the vehicle towed, and Trooper Christopherson told Defendant the vehicle would not be.[4] (Id. at 0:04:30-0:04:33). However, because Trooper Christopherson observed that Defendant's “demeanor did not subside, ” he had Defendant exit the vehicle to conduct a pat search, perform a field sobriety test, and to “have a better view of him while [Trooper Christopherson] was in the squad car entering information.” (Tr. 15; Gov't's Ex. 1, at 0:04:26-0:04:35).
After Defendant exited the vehicle with a drink in his hand, Defendant expressed that he “ha[d] no knives, nothing”; that he was “going to be suspended”; and that he knew the vehicle was “going to get towed” to which Trooper Christopherson reassured Defendant, once more, that the vehicle would not be towed. (Gov't's Ex. 1, at 0:04:56-0:05:15). Trooper Christopherson then performed a pat search of Defendant, and Defendant once again stated that he had no knives. (Tr. 15; Gov't's Ex. 1, at 0:05:15-0:05:20). However, the pat search yielded a pocketknife in Defendant's left pant pocket. (Tr. 15; Gov't's Ex. 1, at 0:05:22-0:05:33).
Trooper Christopherson then went to his patrol vehicle and instructed Defendant to remain where he was standing. (Gov't's Ex. 1, at 0:05:45-0:05:57). In Trooper Christopherson's dashboard camera (“dashcam”) footage, Defendant can be seen pacing, cupping his face in his hands, and placing his hands in and out of his pockets. (Id. at 0:05:40-0:05:53). Defendant then signaled to Trooper Christopherson that he would like a cigarette, but Trooper Christopherson reminded Defendant to stand by his vehicle. (Id. at 0:05:54-0:06:06). Defendant then asked, (Id. at 0:06:03-0:06:08). Trooper Christopherson permitted Defendant to obtain the cigarettes from the front passenger side of the vehicle, but he did not at that time permit Defendant to smoke. (Id. at 0:06:06-0:06:34).
Trooper Christopherson then began conducting a field sobriety test on Defendant. (Gov't's Ex.1, at 0:06:34-0:10:25). At the July 13, 2021, Motions Hearing, the Trooper testified that he conducted this field sobriety test because he believed Defendant's behaviors were common indicators of impairment. (Tr. 16). Defendant can be seen visibly shaking, moving restlessly, and rubbing his hands; at one-point stating, “I'm just really nervous, man”; “my knees are shaking”; and “I'm nervous as hell.” (Gov't's Ex. 1, at 0:10:25-0:10:28; 0:13:33; 0:14:24-0:14:57). Trooper Christopherson reassured Defendant to “take a deep breath, ” “relax, ” and take a minute so Defendant could do the best he could because Trooper Christopherson understood that it was “nerve-wracking.” (Id. at 0:10:42-0:10:45).
Defendant once more expressed concern about the vehicle being towed. (Gov't's Ex. 1, at 0:15:48-0:15:56). Trooper Christopherson then asked Defendant “when was the last time [he] used” to which Defendant responded, “I don't use . . . I'm just really nervous.” (Id. at 15:59-16:05). Defendant informed Trooper Christopherson that he had a prescription for Adderall for his “ADD”; last took Adderall earlier in the evening at 5:30 p.m.; and had been taking Adderall “everyday” for “all of his life.” (Id. at 0:16:15-0:16:52). After passing the field sobriety test, Defendant was permitted to smoke his cigarette while Trooper Christopherson returned to the police vehicle. (Tr. 43; Gov't's Ex. 1, at 0:16:52-0:17:11).
Trooper Christopherson then began entering the information Defendant provided into the computer system. (Tr. 17; Gov't's Ex. 1, at 0:17:10). While Trooper Christopherson entered this information, he had to again remind Defendant to stand by his vehicle. (Gov't's Ex. 1, at 0:17:10-0:18:05). Trooper Christopherson then learned that there was a Wisconsin Department of Corrections arrest warrant, which he believed belonged to Defendant, for, among other things, possession of a controlled substance. (Tr. 17-18; Gov't's Ex. 1, at 0:18:05-0:20:19). Trooper Christopherson asked dispatch to confirm the warrant. (Id.). Trooper Christopherson also learned that Defendant's driving status in Minnesota had been revoked. (Tr. 17; Gov't's Ex. 1, at 0:19:09-0:19:13).
Trooper Christopherson exited the patrol vehicle and approached Defendant to confirm the spelling of his first name to which Defendant responded that his full name was “Gerald” stating, “I'm revoked, for sure, I am, ” and providing that he had a copy of his identification in his vehicle. (Tr. 18; Gov't's Ex. 1, at 0:20:30-0:21:01). While Defendant opened and entered the driver's side of the vehicle and attempted to find his identification, Trooper Christopherson observed a cloth camera case on the floor of the vehicle near the pedals in front of the driver's seat where the driver's feet would be located. (Tr. 18-19; Gov't's Ex. 1, at 0:21:07-0:21:20). When Trooper Christopherson asked Defendant what was in the camera case, Defendant “grabbed the camera case and frantically threw it into the passenger side of the vehicle.” (Tr. 19). Defendant said he did not know the contents of the case because it was not his vehicle. (Id.)
Defendant then exited the vehicle with another cigarette and a cellphone in his hand, but he was unable to...
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