United States v. Walker
| Decision Date | 29 April 2015 |
| Docket Number | No. 13-4739,13-4739 |
| Parties | UNITED STATES OF AMERICA, Plaintiff - Appellee, v. ANTHONY WALKER, Defendant - Appellant. |
| Court | U.S. Court of Appeals — Fourth Circuit |
UNPUBLISHED
Appeal from the United States District Court for the District of Maryland, at Baltimore. James K. Bredar, District Judge. (1:12-cr-00579-JKB-1)
Before WILKINSON, GREGORY, and DUNCAN, Circuit Judges.
ARGUED: Julie L.B. Johnson, OFFICE OF THE FEDERAL PUBLIC DEFENDER, Greenbelt, Maryland, for Appellant. Michael Clayton Hanlon, OFFICE OF THE UNITED STATES ATTORNEY, Baltimore, Maryland, for Appellee. ON BRIEF: James Wyda, Federal Public Defender, OFFICE OF THE FEDERAL PUBLIC DEFENDER, Baltimore, Maryland, for Appellant. Rod J. Rosenstein, United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Baltimore, Maryland, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
The defendant-appellant, Anthony Walker, challenges the district court's denial of his pre-trial motions to suppress statements made and a firearm obtained after his arrest for drunk driving and the subsequent search of his vehicle. Because we find no clear error in the district court's rulings, we affirm.
Walker was charged on November 1, 2012, in a one count indictment with possession of a firearm and ammunition under 18 U.S.C. § 922(g)(1). He pleaded not guilty, and later filed motions to suppress statements that he made during the course of his arrest, as well as tangible and derivative evidence.
On May 13, 2013, the district court held a hearing on Walker's motions to suppress. During the hearing, the government presented testimony from the two arresting officers, Officers Ryan Hill and Erin Masters, and their supervisor, Sergeant Kevin Toliver.
Officer Hill testified that he and Officer Masters were on patrol in a marked police car in the early hours of June 3, 2012. They were headed northbound on Division Street in West Baltimore, when they observed a white Mazda make a wide right turn into the southbound lane of Division Street. Both officersidentified Walker in court as the driver of the vehicle. According to Officer Hill, Walker "actually kind of came over into the right lane, my lane of traffic, and then came back over and sped -- went at a high rate of speed southbound on Division." J.A. 50;1 see also J.A. 51 (); J.A. 121 (). Officer Hill made a U-turn and began following Walker. As they were following Walker, Officer Hill observed Walker's vehicle slow down but fail to stop at two stop signs. J.A. 52-53 ( ); see also J.A. 121 (). Officer Hill thereafter activated the police cruiser's lights and siren and pulled Walker over. Walker parked his vehicle at an angle from the curb. The front of the vehicle was about four feet from the curb, and the rear of the vehicle was about twelve feet from the curb.
Officer Masters approached the passenger side of the car and Officer Hill approached the driver's side door. OfficerHill asked Walker for his license and registration. Walker responded by presenting a "passenger-for-hire ID, not an actual driver's license." J.A. 63. Officer Hill testified that he twice handed the passenger-for-hire ID back to Walker, but Walker again presented the same ID. J.A. 66; J.A. 123 ().
Officer Hill stated that Walker's eyes were bloodshot and glassy and that he was not fully complying with instructions. Additionally, Officer Hill smelled an alcoholic odor on Walker and emanating from Walker's vehicle. Officer Masters testified that she also smelled alcohol on Walker's breath, but not until Walker was outside of the vehicle. Officer Hill additionally testified that Walker repeatedly leaned toward the center console of the vehicle, was pulling on the emergency brake and "he was just doing odd . . . hand motions towards the center of the car." J.A. 67-68.
Upon observing Walker's movements, and given also the odor of alcohol, Officer Hill asked Walker to exit his vehicle. Walker did not do so. Hill thus reached inside, turned off the ignition, and again requested that Walker step outside. Officer Hill stated that Walker instead leaned further toward the centerof the car and put his hands down. Officer Hill then "grabbed [Walker's] arm and pulled him out of the car." J.A. 69; see also J.A. 125 ).
As the officers accompanied Walker to the rear of his car, he stumbled at least one time. Officer Hill inquired whether Walker had consumed any alcohol. Walker first denied drinking anything, but when asked again, he admitted to having a beer and a vodka. Officers Hill and Masters handcuffed and arrested Walker once he reached the back of his car. Officer Hill did not recall whether he formally advised Walker that he was under arrest at that time, but Officer Masters recalled that Officer Hill did so. Officer Hill did not conduct any field sobriety tests because he is "not certified through the State of Maryland to give a field sobriety test."2 J.A. 73. He also testifiedthat because it was a weekend night, it was unlikely that other law enforcement officials could come to the scene to conduct the tests. He noted, however, that he "received training in the Police Academy for observations for impaired drivers." J.A. 74.
Officer Masters remained at the rear of the vehicle with Walker, while Officer Hill returned to the driver's side door of Walker's car. Officer Hill testified that he was compelled to check the car because Walker's actions immediately prior to being removed from the car suggested that he was attempting to conceal evidence. He stated that he thought he would find "some kind of alcohol or -- my biggest thing, I figured it was some kind of a controlled dangerous substance." J.A. 76. Instead of alcohol or a controlled substance, Officer Hill discovered a firearm when he opened the center console. He stated that the firearm was next to a bag of rubber gloves with the pistol grip facing upward and the barrel facing down into the console. He also saw a cell phone and a dollar bill under the driver's seat. At some point, Officer Hill also located both Walker's Maryland driver's license, as well as his vehicle registration.
Officer Hill testified that the car had to be towed. Thus, even if he had not expected to find any evidence in the car, hewould still have entered the vehicle to retrieve the registration. Moreover, he stated that the Baltimore Police Department's procedures require officers to "fill out a towed vehicle report that gives all the information of the vehicle, why it's being towed, and then you do an inventory of the car before towing the vehicle." J.A. 77; see also J.A. 35-43 (Baltimore Police Department General Order I-2: Towing Procedures).3 The search would have encompassed the passenger compartment, including the center console.
Upon discovering the firearm, Officer Hill signaled to Office Masters that he had found a gun. After removing the gunfrom Walker's car and unloading it, Officer Hill advised Walker of his Miranda rights. He did so from memory, and recited his standard warning during the suppression hearing as follows:
You have the right to remain silent. Anything you say can and will be used against you in a court of law . . . . You have the right to an attorney. If you cannot afford an attorney, one will be appointed to you. At any point during questioning, you can feel free to stop answering questions. At any point during questioning, you can feel free to request a lawyer.
J.A. 81. He stated that he normally then asks if the arrestee understands the rights. In this case, Walker indicated that he understood his rights. Officer Hill then asked Walker if he nonetheless would like to answer some questions, and Walker said that he would. Officer Hill acknowledged that he did not recall the exact words Walker used in stating that he understood his rights and was still willing to answer questions, but he was certain that Walker had verbally affirmed his understanding. Walker did not request a lawyer.
Walker initially denied any knowledge of the gun. Officer Hill thus asked his supervisor, Sergeant Toliver, to come to the scene to speak with Walker, and Walker eventually stated to Sergeant Toliver that he found the gun in an alley. Sergeant Toliver testified that he asked Walker, "If you found it, why didn't you call the police instead of picking it up and driving around with it?" J.A. 137. Walker allegedly replied, "Why would I call the police?" J.A. 137. Sergeant Toliver testifiedthat, "[a]t that time, [Walker] didn't appear to be in a stable frame of mind," and he thus advised Officers Hill and Masters that he would take Walker to the station. J.A. 137. He stated that, "on the ride to the station, [Walker] was just talking and babbling." J.A. 137; see also J.A. 141-42 (). Sergeant Toliver testified that he did not ask Walker any more questions, but that, throughout the ride to the station, Walker "kept making up or saying different stories of how he got in possession of the...
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