US v. Dudley

• Decision Date: 09 May 1994
• Docket Number: No. IP 93-141-CR.,IP 93-141-CR.
• Citation: 854 F. Supp. 570
• Parties: UNITED STATES of America, Plaintiff, v. Larry Mitchell DUDLEY, Susan Hope Dudley, Defendants.
• Court: U.S. District Court — Southern District of Indiana

854 F. Supp. 570

UNITED STATES of America, Plaintiff, v. Larry Mitchell DUDLEY, Susan Hope Dudley, Defendants.

No. IP 93-141-CR.

United States District Court, S.D. Indiana, Indianapolis Division.

May 9, 1994.

Mark Inman, Indianapolis, IN, for plaintiff.

Susan E. Dowd, Asst. U.S. Atty., Indianapolis, IN, for defendants.

Entry Regarding Defendants' Motion to Suppress

TINDER, District Judge.

I. Findings of Fact

Larry and Susan Dudley set out from Alabama in August, 1993, hoping to find a better life. As though cast in a modern version of Steinbeck's classic The Grapes of Wrath, the Dudleys converted their Ford Ranger pickup into a homemade "camper" by adding a self-constructed shell to the bed of the truck, and loading aboard what must have been all of their personal belongings, including "his-n-her" televisions and air rifles along with more than a truckfull of other items. Unfortunately, several less savory objects were among this collection: Two sawed-off shotguns, three pipe bombs and rounds of various types of gun ammunition. Possession of these objects was unfortunate for the Dudleys for several reasons. First, both Dudleys are convicted felons, making their possession of any sort of firearm a violation of federal law. See 18 U.S.C. § 922(g). Additionally, possession of shotguns of reduced length and pipe bombs violate federal law. See 26 U.S.C. §§ 5861(d), 5871. With all this in tow, the Dudleys set out on their unlucky journey with great hope of a better future.

Their travels brought them to the State of Indiana in the latter part of August as they voyaged north to visit a friend in the city of Selma, Indiana. This route took the Dudleys near Seymour, Indiana, where their luck turned for the worse. First, their trusty Ford Ranger suddenly developed mechanical difficulties along U.S. Highway 31 near a Truckstop of America located at the intersection of Highway 31 and Indiana Road 50. Larry described the truck as having "fried out." In the finest tradition of Hoosier hospitality, the Dudleys quickly received help from a passing motorist to push their truck to the truckstop; Susan obtained permission from the truckstop manager to keep the disabled vehicle in an out-of-the-way part of the stop while attempting repairs. There, the Dudleys set up a sort of encampment fashioning a tarp or awning over the engine area of the truck. Being short on funds, but long on ingenuity, Larry decided to fix the truck himself, and, working from his Ranger repair manual, he began tinkering with various parts of the truck in a process of elimination. Upon completing each repair, Larry attempted to start the vehicle; as each attempt failed, he proceeded to the next suspected problem. This process continued for three days, during which time the Dudleys slept in their truck as best they could considering they were stalled at a reasonably busy truck stop. The accommodations were to say the least, neither roomy nor comfortable. In need of money, the Dudleys accepted the kindness of a stranger who gave them a small sum, received a wire transfer of a small amount from Larry's brother, and began selling some of their personal belongings.

As of 5:30 on the evening of August 27, Larry had yet to successfully repair the truck. At that moment, Sergeant Roger Martin of the Seymour Police Department drove his marked police car into the truck stop and proceeded to park near the Dudleys' truck; two additional Seymour police vehicles were also on their way to the truckstop. Neither Martin nor the other officers knew anything about the Dudleys, the Dudleys' vehicle, or the Dudleys' dangerous cargo, except what was learned from a Seymour Police Department dispatcher moments earlier. That announcement indicated the manager of the truckstop reported a customer had observed guns in the Dudleys' vehicle.¹ Arriving at the scene, Martin saw a vehicle containing a lot of "stuff" with a tarp strung over and slightly beyond the engine area of the vehicle, Larry underneath the truck attempting a repair and Susan standing near the passenger side of the truck. Martin parked his car twenty-five to thirty feet from the driver's door of the truck and approached the vehicle, when, after walking about four steps toward the truck, Larry crawled out from under the truck and started toward the officer. Susan moved to the back of the truck and was beyond Martin's view. Martin claims he backed up to his car to call for another police unit.² Martin and Larry met about halfway between the police car and the truck; Martin advised Larry of the nature of the call he had received.³ After Larry responded he had only air rifles in the truck, he and Martin walked to the rear of the truck where Larry reached in and pulled out a pair of air rifles. Martin, unsatisfied with this production, explained he did not believe air rifles were the type of weapons referred to in the call from the manager of the truckstop. The pair then walked to the driver's side door of the truck (which was open) where Larry stopped with Martin beside him and to Larry's left at the edge of the truck door. Martin was closer to the front of the vehicle, facing roughly toward the back, with Larry to the right of Martin, facing roughly toward the front of the vehicle. What happened at this door is critical to the searches of the vehicle which followed, and as might be expected, the versions given by the police and the Dudleys are quite divergent.

A. Disputed Facts

Martin testified that he asked Larry for permission to "look in" the truck. (MTS Tr. at 13.) According to him, Larry responded: "Sure, go ahead. There is nothing else in there." (Id. at 13.) As Martin asked this question he admits he was looking inside the open truck door — he claims to have seen approximately two inches of what appeared to be the barrel of a .12 gauge shotgun sticking out from behind the passenger side seat.⁴ Supposedly, the barrel was pointed at an angle towards the driver's seat. According to Martin, after obtaining permission to look inside the truck, he raised his right hand between himself and Larry, leaned towards the truck, pulled the back of the driver's seat forward and reached behind the driver's seat and grabbed the shot-gun barrel. Indeed, it was a shotgun, less than legal length with a pistol grip modification. As Martin withdrew from the truck he claims to have observed a black nylon belt and holster behind the driver's seat containing .20 gauge shotgun shells, .38 special and .25 automatic ammunition in the belt, which he picked up and placed on the driver's side floorboard of the truck. As Martin exited the truck with the shotgun, Larry told him that his father had given him the gun. Larry and Martin then walked to the back of the truck. Former Officer Carmichael testified he arrived after Martin and Corporal Lamb were already at the truck.⁵ He parked his vehicle about twenty or thirty yards behind the truck and approached the back of the truck where Lamb was located with Susan Dudley who was sitting on the ground with an air rifle nearby. Carmichael did overhear a portion of the conversation at the door between Martin and Larry — he heard Martin ask for permission to "look in" the truck, to which Larry responded "go ahead — there aren't any other guns in the vehicle". (MTS Tr. p. 67.)

Larry Dudley's version of this portion of the incident is, as one might imagine, quite different. Larry testified that Martin proceeded directly to the driver's side door of the truck without looking at the air rifles. At the door, according to Larry, Martin simultaneously reached into the truck as he asked permission to search the vehicle.⁶ Rather than unequivocally consenting to Martin's request for permission to search, Larry contends he said "it is apparent you are going to any way." (MTS Tr. p. 106.) As Larry was responding, Martin was supposedly already inside the vehicle moving things around. Larry noted that Martin's first venture into the truck did not produce anything (other than a BB pistol); so Martin moved away from the driver's side door, rounded the front of the truck, to the passenger side door. At that location Martin rooted around the passenger side of the cab and asked Larry if he had any other guns. After Larry told him about the air rifles in the "camper" part of the truck, Larry and Martin proceeded to the back of the truck and Larry climbed in, purportedly because Martin could not fit in that part of the truck,⁷ and voluntarily retrieved the air rifles. (MTS Tr. at 107.) But these rifles did not satisfy Martin, who insisted that the call was about guns, not air rifles. According to Larry, Martin returned to the driver's side door, pushed forward the back of the driver's seat, and began moving items around until he found the .12 gauge shotgun behind the passenger seat. Larry contends the weapon was laying flat behind the seat, was completely wrapped in a towel, with no part of it visible without rummaging through the disorganized clutter under which it was concealed.⁸ (MTS Tr. p. 107.) After discovering the gun, Martin purportedly said "what do we have here?" and ordered Larry and Susan to the back of the truck to sit down on the ground. While the stories continue to diverge beyond this point, this is a good moment at which to pause to consider which version of the above events is more credible.

B. Resolution of Disputed Facts

Ordinarily, this decision appears quite simple. When two law enforcement officers engage in a swearing contest against a convicted felon facing the possibility of a substantial prison sentence if convicted on the charges, the officers tend to prevail. This, however, is not the usual case and, when fully considered, the credibility balance is quite closer. Having had the benefit of observing the testimony and demeanor of these witnesses, the exhibits, and the vehicle itself, flesh is added to what on paper might appear to be a sterile difference in memory or impression...