United States v. Terry

• Decision Date: 20 May 2019
• Docket Number: Case No. 3:18-cr-24
• Parties: UNITED STATES OF AMERICA v. JOHN T. TERRY, a/k/a TYREE TERRY, Defendant.
• Court: U.S. District Court — Western District of Pennsylvania

UNITED STATES OF AMERICA v. JOHN T. TERRY, a/k/a TYREE TERRY, Defendant.

Case No. 3:18-cr-24

UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA

May 20, 2019

JUDGE KIM R. GIBSON

MEMORANDUM OPINION

I. Introduction

Before the Court is Defendant John T. Terry's ("Defendant") Motion to Suppress Evidence (ECF No. 26). This Motion has been fully briefed (ECF Nos. 26, 32, 51, 52) and is ripe for disposition. The Court has jurisdiction over this matter pursuant to 18 U.S.C. § 3231.

This matter arises from a three-count federal grand jury indictment, returned on October 16, 2018, charging Defendant with (1) possession with intent to distribute 500 grams or more of a mixture and substance containing a detectable amount of methamphetamine and cocaine in violation of 21 U.S.C. §§ 841(a)(1), 841(b)(1)(A)(viii), 841(b)(1)(B)(ii)(II); (2) unlawful possession of a firearm by a convicted felon in violation of 18 U.S.C. § 922(g)(1); and (3) unlawful possession of a firearm in furtherance of a drug trafficking crime in violation of 18 U.S.C. §§ 924(c)(1)(A)(i), 924(c)(1)(C)(i). (See ECF No. 1.) On November 28, 2018, Defendant filed the present Motion to Suppress Evidence (ECF No. 26). After the United States of America (the "Government") filed its Response (ECF No. 32), the Court held a Suppression Hearing on February 25, 2019. (See ECF No. 43.)

At the Hearing, Pennsylvania State Police Trooper Ryan Marmol ("Trooper Marmol") testified for the Government. (See id.) The Government introduced the following exhibits into evidence: (1) a DVD copy of a dash camera recording taken from Trooper Marmol's patrol vehicle of the April 4, 2018 vehicle stop (the "MVR") (Gvm't Ex. 1); (2) a photocopy of Trooper Marmol's Miranda card (Gvm't Ex. 2); (3) a document entitled "Police Criminal Complaint" dated April 4, 2018 and signed by Trooper Marmol (Gvm't Ex. 3); and (4) a Pennsylvania State Police Incident Report dated May 4, 2018 and signed by Trooper Marmol (Gvm't Ex. 4).

On cross-examination of Trooper Marmol, the defense introduced the following exhibits into evidence: (1) a Preliminary Hearing Transcript in Commonwealth v. Terry, Docket No. 00050-2018 (Def. Ex. 1); and (2) a Pennsylvania State Police Property Record, unsigned (Def. Ex. 2).

Following the Hearing, Defendant submitted Proposed Findings of Fact and Conclusions of Law in Support of Defendant's Motion to Suppress Evidence (ECF No. 51) and the Government filed a Response thereto (ECF No. 52).¹

In his Motion, Defendant moves to suppress all physical evidence seized and statements made on April 4, 2018, as a result of the traffic stop of a 2010 Ford Taurus (the "Ford Taurus" or "Taurus") in which Defendant was a passenger. (ECF No. 26 at 1.) Defendant raises five grounds for the suppression of this evidence.

First, Defendant argues that Trooper Marmol lacked reasonable suspicion to believe that a motor vehicle offense occurred when he stopped the Ford Taurus on April 4, 2018. (Id. ¶ 28.) Second, Defendant contends that the traffic stop was longer than necessary to resolve the allegedmotor vehicle violations and that the extension of the stop was unsupported by reasonable suspicion to believe a non-motor-vehicle offense occurred. (Id. ¶ 29.) Third, Defendant asserts that the Taurus driver's consent to the search of the vehicle was involuntary. (Id. ¶ 30.) Fourth, Defendant argues that, to the extent the driver's consent was voluntary, the consent was limited to the interior and trunk of the vehicle and that Trooper Marmol's search exceeded the scope of this consent. (Id. ¶ 31.) Fifth, Defendant contends that Trooper Marmol did not properly advise Defendant of his Miranda rights before questioning him. (Id. ¶ 32.)

The Court disagrees with Defendant on these issues, and, for the reasons that follow, the Court will DENY Defendant's Motion to Suppress Evidence (ECF No. 26).

II. Findings of Fact

The Court makes the following findings of fact based on the evidence and testimony² presented at the Suppression Hearing on February 25, 2019:³

A. Trooper Marmol's Background and Experience

1. Trooper Marmol has worked for the Pennsylvania State Police for over six years. (ECF No. 48 at 4.)

2. In 2013, prior to becoming a State Police trooper, Trooper Marmol graduated from the Pennsylvania State Police Academy (the "Academy"). (Id. at 4-5.)

3. At the Academy, Trooper Marmol received training on the Pennsylvania MotorVehicle Code. (Id. at 5.)

4. Once Trooper Marmol graduated from the Academy, he served as a patrol office for two-and-a-half to three years. (Id. at 6.)

5. Trooper Marmol was then transferred to the Safe Highway Initiative through Effective Law Enforcement Detection ("SHIELD") unit. (Id.)

6. At the time of the Suppression Hearing, Trooper Marmol still worked as a SHIELD officer. (Id. at 6.)

7. Trooper Marmol underwent specialized training to become a SHIELD officer. (Id. at 6-7.)

8. His SHIELD training was approximately forty hours and included training on conducting traffic stops, deceptive behaviors, hidden compartments, and commercial motor vehicles. (Id. at 7.)

9. With respect to deceptive behaviors, Trooper Marmol has received approximately fifty hours of training on this subject. (Id.)

10. As to identifying hidden compartments, Trooper Marmol has received some training on this subject and has had personal experience locating hidden compartments in vehicles. (Id. at 7-8.)

11. Over his career, Trooper Marmol has conducted thousands of traffic stops, including approximately 500 stops in the last year. (Id. at 9-10.)

12. Trooper Marmol has conducted traffic stops based on Pennsylvania Motor Vehicle Code Section 3310—following too closely, Section 3309—roadways laned for traffic, and the general lighting requirements provisions, among others. (Id. at 5-6.)

13. Trooper Marmol has also searched hundreds of vehicles over his six-year career. (Id. at 10.)

14. About forty to fifty of Trooper Marmol's vehicle stops in the last year led to vehicle searches. (Id.)

15. When conducting searches, Trooper Marmol is particularly looking for: (1) contraband, (2) tooling on certain panels, (3) air fresheners that are methodically placed, and (4) glued carpet, black-over spray, and other indications of aftermarket hidden compartments. (Id. at 12.)

16. Trooper Marmol has located approximately thirteen hidden compartments during his vehicle searches. (Id. at 7-8, 130.)

17. Furthermore, he has found hidden compartments when backing up other officers at their traffic stops. (Id. at 8.)

18. Of the thirteen hidden compartments Trooper Marmol has located during his vehicle searches, approximately ten contained contraband, including guns or drugs. (Id. at 13, 130.)

19. In Trooper Marmol's training and experience, when he locates a hidden compartment, he suspects drug trafficking is occurring because such compartments are used for only one purpose—concealing contraband. (Id. at 12-13, 44; Gvm't Ex. 4 at 6.)

B. Trooper Marmol's April 4, 2018 Vehicle Stop of the Ford Taurus

20. On April 4, 2018, Trooper Marmol was working in his capacity as a SHIELD officer. (ECF No. 48 at 13; Gvm't Ex. 3.)

21. Trooper Marmol was in uniform. (Gvm't Ex. 1; Gvm't Ex. 3; Gvm't Ex. 4 at 3; Def. Ex.1 at 9.)

22. Trooper Marmol was patrolling a 50-mile stretch of the Pennsylvania Turnpike in Somerset County, Pennsylvania. (ECF No. 48 at 13-14.)

23. This portion of the Pennsylvania Turnpike is a four-lane highway with two lanes traveling eastbound and two lanes traveling westbound. (Id. at 16.) The lanes of the Turnpike are clearly marked. (See Gvm't Ex. 1.)

24. Around 2:30 p.m., Trooper Marmol was travelling in a marked Pennsylvania State Police patrol vehicle that was equipped with lights, sirens, a dash camera on the windshield that faced toward the front of the vehicle, and a camera that captured the inside of the vehicle. (ECF No. 48 at 14-16; Gvm't Ex. 3; Gvm't Ex. 4 at 3; Def. Ex. 1 at 9, 16.)

25. Trooper Marmol was wearing a lapel microphone on his person that began recording when the police vehicle's emergency lights were activated and was also manually turned on and off at certain times. (ECF No. 48 at 15, 85; Gvm't Ex. 4 at 3; Def. Ex. 1 at 16. )

26. Trooper Marmol was in the left lane of the Turnpike, traveling westbound, heading home after the completion of his shift. (Id. at 17-18, 73; Gvm't Ex. 4 at 3.)

27. The speed limit on this portion of the Turnpike was 70 miles per hour. (ECF No. 48 at 17, 73.)

28. At this time, Trooper Marmol conducted a traffic stop of a Ford Taurus with two adult occupants. (Id. at 17, 29, 73; Gvm't Ex. 1; Gvm't Ex. 3; Gvm't Ex. 4 at 2.)

29. Trooper Marmol's dash camera recorded this traffic stop. (ECF No. 48 at 18-19; Gvm'tEx. 4 at 3; see Gvm't Ex. 1.)

30. Trooper Marmol explained that the dash camera truly and accurately captures what he sees as he travels in his vehicle; however, he noted that the dash camera footage has some limitations in terms of capturing distance and events that take place at the sides of the police vehicle. (ECF No. 48 at 21, 84-85.)

31. A portion of the audio from the stop was recorded on Trooper Marmol's lapel microphone. (Id. at 19; see Gvm't Ex. 1.)

32. The Ford Taurus was traveling in the left lane of the Turnpike, in front of Trooper Marmol. (ECF No. 48 at 24; Gvm't Ex. 1; Gvm't Ex. 4 at 3.)

33. Although Trooper Marmol did not remember exactly when, at some point while he was driving behind the Ford Taurus, he noticed that the Taurus had tinted taillights, which he believed violated the Pennsylvania Motor Vehicle Code. (ECF No. 48 at 18, 24; Gvm't Ex. 4 at 3.)

34. In spite of the tinted taillights, the brake lights of the Taurus appeared to be red and the right turn signal light appeared to be yellow. (ECF No. 48 at 84; see Gvm't Ex. 1.)

35. As Trooper Marmol's marked patrol vehicle approached the Ford Taurus in the left lane, Trooper Marmol was passing the vehicles that were travelling in the right lane. (ECF No. 48 at 73; Gvm't Ex. 1.)

36. When Trooper Marmol's patrol vehicle

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