United States v. Travis
| Decision Date | 09 January 2015 |
| Docket Number | Criminal No. 14-253 (DSD/SER) |
| Parties | United States of America, Plaintiff, v. Jermaine Dushun Travis, Defendant. |
| Court | U.S. District Court — District of Minnesota |
REPORT AND RECOMMENDATION
Thomas Calhoun-Lopez, Esq., United States Attorney's Office, 300 South Fourth Street, Suite 600, Minneapolis, Minnesota 55415, for Plaintiff.
Michael C. Hager, Esq., Hager Law Office, 310 4th Avenue South, Suite 1150, Minneapolis, Minnesota 55415, for Defendant.
The above-captioned case came before the undersigned on Defendant Jermaine Dushun Travis's ("Travis") six motions to suppress.1 This matter was referred for the resolution of the issues raised in Travis's Motions to Suppress pursuant to 28 U.S.C. § 636(b)(1)(B)-(C) and District of Minnesota Local Rule 72.1. For the reasons stated below, the Court recommends that the Motions to Suppress Physical Evidence be denied, the Motions to Suppress Statements begranted in part and denied in part, and the Motion to Suppress Evidence from Cell and Motion to Suppress Wiretapping Evidence be denied as moot.
On August 5, 2014, the United States of America (the "Government") filed an indictment charging Travis with one count of felon in possession of a firearm in violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2), one count of possession with intent to distribute heroin in violation of 21 U.S.C. §§ 841(a)(1) and 841(b)(1)(C), and one count of use of a firearm during and in relation to a drug trafficking crime in violation of 18 U.S.C. § 924(c)(1)(A). (Indictment) [Doc. No. 1].
The Court held an evidentiary hearing on October 30, 2014. (Minute Entry Dated Oct. 30, 2014) [Doc. No. 43]. Bloomington Police Department Officer Ryan Arbuckle ("Officer Arbuckle") and Bloomington Police Department Detective Nick Melser ("Detective Melser") testified. (Ex. & Witness List) [Doc. No. 44]. Three exhibits were received into evidence: Government's Exhibit 1, a copy of the video from Officer Arbuckle's squad car; Government's Exhibit 2, a copy of a recording made of the conversation between Travis and Detective Melser on June 5, 2014; and Government's Exhibit 3, a copy of the search warrant executed at the Comfort Inn in Bloomington, Minnesota (the "Search Warrant").2 (Id.). Supplemental briefing was submitted after the hearing. ) [Doc. No. 50];3 ) [Doc. No. 52]; see (Minute Entry Dated Oct. 30, 2014 at 2). Travis requested permission to file areply memorandum of law, which the Court granted. (Text Only Order Dated Dec. 18, 2014) [Doc. No. 55]. The Motions to Suppress were taken under advisement on December 23, 2014, when Travis's reply was filed. (Reply Mem. in Supp. of Mots. to Suppress Evidence, "Reply") [Doc. No. 56].
The case is currently set for trial before the Honorable David S. Doty on January 26, 2015. (Minute Entry Dated Oct. 30, 2014 at 2).
Officer Arbuckle pulled Travis over for several traffic violations on June 4, 2014, in Bloomington, Minnesota. [Doc. No. 47 at 5-10]. Officer Arbuckle first noticed Travis's vehicle when Officer Arbuckle was traveling north on Bloomington Avenue, and Travis was traveling south on the same street. (Id. at 6). Officer Arbuckle observed that the windows in Travis's vehicle had "extremely dark tint." (Id.). Based on Officer Arbuckle's training, he believed that the windows did not permit fifty percent of light in violation of state law.4 (Id. at 6-7). Also, Officer Arbuckle observed an obstruction that appeared to be flowers hanging from the review mirror. (Id. at 8). The obstruction obscured the driver's vision of the windshield in violation of state law.5 (Id.). With the intent of pulling Travis over for the traffic violations, Officer Arbuckle checked the license plate and executed a U-turn so that his vehicle was behind Travis's vehicle. (Id. at 8-9). After the U-turn, Officer Arbuckle's vehicle was behind Travis's southbound vehicle on Bloomington Avenue, approaching theintersection with American Boulevard. (Id. at 9). At the stop sign, Officer Arbuckle observed Travis's right-turn signal activate too late—in other words, not sufficiently in advance of the turn—in violation of state law, and Travis's vehicle turned right onto American Boulevard.6 (Id. at 9-10). Officer Arbuckle followed the vehicle, and initiated a traffic stop when, a few blocks later, the vehicle turned right into the parking lot of the Comfort Inn.7 (Id. at 10). Officer Arbuckle turned on his emergency lights as he followed the vehicle into the parking lot, which activated his car's recording devices. (Id. at 10). The camera began recording thirty seconds before the emergency lights were activated, and the microphone began recording at the time the emergency lights were activated. (Id. at 10-11, 14); (Gov't's Ex. 1 at 1:04:49-1:05:30).
When Officer Arbuckle approached the vehicle, the driver, later identified as Travis, rolled down the window. (Tr. at 12-13). Based on his training and experience, Officer Arbuckle detected "the strong odor of burnt marijuana" emanating from the vehicle. (Id. at 13, 53); see also (id. at 15). Per standard protocol, Officer Arbuckle radioed for assistance, believing he had probable cause to search the vehicle. (Id. at 13, 15-16). After identifying Travis, Officer Arbuckle asked him about the smell of marijuana. (Id. at 13); (Gov't's Ex. 1 at 1:07:18-21). Travis said no one had smoked inside the vehicle, that he had a "sack of weed" and indicated toward the vehicle's center console. (Tr. at 16-17); (Gov't's Ex. 1 at 1:07:22-1:08:05). At this point, a second police car arrived with two police officers. (Tr. at 17); (Gov't's Ex. 1 at 1:08:57-1:09:02). Officer Arbuckle asked Travis to exit the vehicle, and asked if he had anything illegal on him and if he minded if Officer Arbuckle checked his pockets. (Tr. at 17); see also (Gov't Ex.1 at 1:08:57-1:09:28). Although Travis did not answer initially, Officer Arbuckle asked again, and Travis said, "go ahead, sir." (Tr. at 17-18); (Gov't's Ex. 1 at 1:08:29-1:09:32). When Officer Arbuckle patted Travis's left front pocket, he felt a bulge that felt like a "baggie of narcotics." (Tr. at 18-19).8 Officer Arbuckle removed the baggie and some United States currency from Travis's pocket. (Id. at 19). Officer Arbuckle handcuffed Travis and asked him if he was dealing dope and if crack was inside the baggie. (Id. at 19); (Gov't's Ex. 1 at 1:09:45-1:10:00). Travis responded, "While you're at it, there's a firearm up under the seat." (Tr. at 19-20); (Gov't's Ex. 1 at 1:10:01-04). Officer Arbuckle also recovered a keycard for room 455 at the Comfort Inn from Travis's person. (Tr. at 20-21). Officer Arbuckle conducted a search of the vehicle and located a black Ruger handgun under the driver's seat. (Id. at 21).
After processing Travis at the Bloomington jail, Officer Arbuckle returned to room 455 at the Comfort Inn to conduct a knock-and-talk because he believed the room was associated with narcotics use or sales.9 (Id. at 22). A knock-and-talk is an attempt to make contact with a person and conduct further investigation. (Id. at 22). No one responded to several knocks, but Officer Arbuckle could hear a television inside the room (Id. at 22-23). He was concerned that someone was inside the room, refusing to answer the door. (Id. at 23). Thus, there was a potential that someone inside the room could have additional weapons and could be "laying in wait," or someone inside could be destroying additional evidence. (Id.). This was a concern for Officer Arbuckle because the traffic stop took place right outside the hotel, in the hotel parking lot, and it was possible that someone in the room watched the traffic stop from inside the room and saw Travis's arrest. (Id. at 23-24). Officer Arbuckle entered the hotel room and ensured that nopeople were inside. (Id. at 24-25). He "froze" the room, meaning he left everything in the room as it was and asked another officer, Detective Melser to obtain a search warrant. (Id. at 24); see also (id. at 56).10 While Officer Arbuckle waited for the search warrant, a woman entered the room and was detained. (Id. at 25). When Detective Melser arrived with the search warrant, he and Officer Arbuckle searched the room. (Id. at 25-26). They found a shoebox containing "handgun ammunition, multiple magazines of handgun ammunition, . . . two narcotics scales, some plastic baggies for packaging narcotics[,] and . . . a large amount of the same powdery substance . . ." that was found on Travis's person and was later determined to be heroin. (Id. at 26).
The following day, Detective Melser interviewed Travis at the Bloomington jail in a recorded conversation. (Id. at 57); see (Gov't's Ex. 2). Before the interview, Travis had been in custody overnight, with access to food, water, a bed, and a toilet. (Tr. at 60-61). Travis did not appear to be under the influence of any drugs or alcohol, nor did he complain of "discomfort or physical sickness." (Id. at 61). An approximately five-and-a-half-minute conversation took place before Detective Melser gave Travis a Miranda warning. (Gov't's Ex. 2 at 2:55-8:23); see also (Tr. at 59). In response to Detective Melser's question of whether Travis was willing to waive his rights and speak to Detective Melser, Travis responded, "sure." (Tr. at 59); see (Gov't's Ex. 2 at 8:44-9:34). Although Travis was upset about his girlfriend's arrest, the majority of the conversation was cordial. (Id. at 60).
First, the Court addresses the Motion to Suppress Evidence from Travis's Cell and Motion to Suppress Wiretapping Evidence, which the Court recommends be denied as moot. Theremaining Motions to Suppress are based on a series of events, beginning when Travis was stopped by Officer Arbuckle and concluding...
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