United States v. Pheasant
| Decision Date | 26 April 2023 |
| Docket Number | 3:21-CR-00024-RCJ-CLB |
| Parties | UNITED STATES OF AMERICA, Plaintiff, v. GREGORY W. PHEASANT, Defendant. |
| Court | U.S. District Court — District of Nevada |
The United States Attorney for the District of Nevada (“the Government”) charged Gregory Pheasant (“Pheasant”) with three felonies stemming from his alleged failure to use a taillight at night. Pheasant moved to dismiss the action, arguing that the indictment lacks specificity and that the two regulatory charges are unconstitutional. Pheasant also brings a Motion to Suppress arguing that evidence was collected in violation of the Fourth Amendment. Beyond those arguments, Pheasant contends that the charges should be dismissed, and the evidence should be suppressed because the officers lacked stop and arrest power. For the reasons discussed below, the Court grants the Motion to Dismiss and denies the Motion to Suppress as moot.
This case arises from Pheasant's interaction with an officer of the Bureau of Land Management (“BLM”). The BLM is an Interior Department agency established in 1946 through the consolidation of the General Land Office and the U.S Grazing Service. BLM, BLM NATIONAL HISTORY, https://www.blm.gov/about/history/timeline (last accessed April 18, 2023). Nevada is a large state, but most of the land is managed by the BLM. (ECF No. 59 at 2 ¶ 8-9). More specifically, the BLM manages over 48 million acres of land in the state, which amounts to 63% of the state. See BLM, BLM NEVADA HISTORY, https://www.blm.gov/about/history/history-by-region/nevada (last accessed April 16, 2023).
The BLM, through the Secretary of the Interior, has the authority to promulgate regulations governing the land it manages. That authority includes the ability to issue any “regulations necessary to implement the provisions of [the Federal Land Policy and Management Act of 1976] with respect to management, use, and protection of the public lands.” 43 U.S.C. § 1733(a). The regulations promulgated under that authority are subject to penalties that include prison terms of up to one year, thousand-dollar fines, or both. Id. Essentially, the BLM acts as a conservationist agency with law enforcement powers on public lands.
On the night of May 28, 2021, The BLM was conducting a special operation to ensure a “family-oriented recreational experience” at Moon Rocks. (ECF No. 75 at 11). The special operation consisted of efforts from both federal law enforcement and BLM officers. (Id.)
Pheasant and a number of other riders were riding their motorized dirt bikes through the Moon Rocks area without their taillights on. (ECF No. 63 at 2 ¶ 19). BLM Officer Michael Yost (“Officer Yost”), in his BLM Utility Vehicle (“UTV”), “attempted to make a traffic stop on [the riders] and one particular member was harassing [Officer] Yost ... [by] yelling profanities and riding away before [Officer] Yost could make contact and identify the driver.” (ECF No. 59 at Ex. B). Officer Yost followed the riders for a bit longer before losing “visibility due to dust from heavy use” of the road. . The riders, including Pheasant, rode away on their dirt bikes because Officer Yost decided to stop following them due to the dust and darkness. (Id.)
Officer Yost again ran into the riders while he was patrolling the area, and this time he activated the UTV's lights and siren, but the riders did not yield. . Officer Yost claims that the riders flipped him off and rocks from their tires hit him as they rode away. (Id.) After a brief period, Pheasant stopped on the main road in front of Officer Yost and yelled at the officer. (Id.) The body camera footage shows Officer Yost approaching Pheasant on foot and Pheasant yelling, “speak louder.” (ECF No. 57 at Ex. D). Officer Yost responds to Pheasant by saying, (Id.) Officer Yost started to walk away and Pheasant drove away a few feet and yelled, “what the fuck did I do to you?” (Id.) Officer Yost turned around briefly and said, “you have no taillights.”[2] (Id.) Pheasant then drove away and Officer Yost got back in his UTV. (Id.)
Officer Yost radioed BLM Officer Sarcinella (“Officer Sarcinella”) and the other officers to inform them that the riders were heading in their direction. (ECF No. 59 at Ex. B.) At that moment, Officer Sarcinella “activated [his] emergency lights and pulled [his] UTV behind the group and attempted to make a traffic stop.” (Id.) Officer Sarcinella approached the riders with his lights on but none yielded to the lights. (Id.) Officer Sarcinella pulled up behind Pheasant, which caused Pheasant to slow “down briefly as if yielding to [the] lights [before Pheasant] paused and then accelerated off-road for several hundred yards.” (Id.) “Pheasant was not traveling at a high rate of speed,” allowing him to gesture with his middle finger toward Officer Sarcinella. (Id.) While in front of Officer Sarcinella, the rocks from Pheasant's dirt bike allegedly shot out from under his tire, struck Officer Sarcinella's UTV with a few of the rocks coming through to hit his face. (Id.) Again, Pheasant rode away on his dirt bike and Officer Sarcinella chose not to pursue him. (Id.)
However, Officer Yost spotted Pheasant and one other rider on a hill nearby. . Officer Yost approached the two of them without his lights on and the two riders allegedly shifted “their weigh in what appeared to be preparation to drive away.” (Id.) Officer Yost “quickly exited [the] UTV and stuck [his] baton through the spokes in the front tire of Pheasant's motorcycle so he could not again flee from the area.” (Id.)
The body camera footage picks up the rest of this interaction, starting with Pheasant asking, “the fuck did I do to you dude?” (ECF No. 57 at Ex. E). Officer Yost responded with, “earlier you ran away from me.” (Id.) Pheasant, visibly upset, yelled, (Id.) Officer Yost took step towards Pheasant and asked him to turn his lights on. (Id.) Pheasant yelled, (Id.) Officer Yost stated, “I don't need a warrant for traffic stops.” (Id.) Pheasant disagreed and stated, (Id.) Officer Yost then asked for Pheasant's name and Pheasant responded by asking why he was being detained. (Id.) Officer Yost responded with, “you have no taillight” and Pheasant asked, (Id.)
At this point, a large crowd of people on foot, in vehicles, and on dirt bikes assembled around Pheasant, Officer Yost, and the unidentified rider that was with Pheasant at the time he was stopped. (ECF No 57 at Ex. E). Officer Yost continued to ask Pheasant his first name. (Id.) After taking off his gear and trying to start his taillight, Pheasant responded and stated, “my name is Gregory W. Pheasant, officer.” (Id.) Pheasant provided Officer Yost with what he claimed was his taillight. (Id.) Officer Yost stated that the taillight needed to be red and face the rear of his bike. (Id.) Officer Yost asked Pheasant for his date of birth and Pheasant complied. (Id.) Pheasant asked for a ticket for not having a taillight so that he could be on his way. (Id.) Officer Yost asked for the vehicle's registration and Pheasant explained that the dirt bike was recently purchased and the dealership had the registration information. (Id.) Pheasant made a few statements about making donations to the BLM before Officer Yost started to walk away and told Pheasant to wait there while he wrote the ticket. (Id.) While Officer Yost walked over to his UTV to identify Pheasant and call more units over to deal with the situation, Pheasant turned his bike and showed Officer Yost that his taillight worked. (Id.)
Before Officer Yost could write the ticket, additional officers showed up at the scene and asked Pheasant what the issue was. (ECF No. 57 at Ex. E). Pheasant explained that he was being written a citation for not having taillights. (Id.) Pheasant, again visibly upset, also asked the officer why he was being detained for having no taillight. (Id.) The unidentified officer told Pheasant to take a step back or he would walk away in handcuffs because “you don't approach a law enforcement officer.” (Id.) Pheasant took a step back, muttered another expletive, and waited a few moments before stating “fuck you guys and fuck Phil...” (Id.)
While Officer Yost was away, Pheasant explained that he obeys the rules, is a professional rider, “is an upstanding citizen,” “contributes to the offroad community in positive ways,” and the officers are wasting their “fucking time.” (EXF No. 57 at Ex. F). The unidentified officer stated that Pheasant “was also saying fuck you and fuck Phil and fuck whoever you were saying rights” (Id.) Pheasant responded, “I can say whatever I want.” (Id.) The officer and Pheasant continued to talk over each other before Officer Yost walked back over to Pheasant to ask him for his address, phone number, and social security number. (Id.) Pheasant kept his abrasive demeanor while providing only his address and phone number but argued that he was not required to provide his social security number. (Id.) Officer Yost provided Pheasant with a copy of the citation, explained the rules for contesting the citation, and allowed Pheasant to leave. (Id.) Pheasant walked over to his vehicle, revved his engine, showed his taillight, put his fist in the air, and rode away yelling. (Id.)
The Government brings three counts against...
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