Beruflich Dokumente
Kultur Dokumente
No. 11-4118
Appeal from the United States District Court for the District of
South Carolina, at Charleston.
Patrick Michael Duffy, Senior
District Judge. (2:09-cr-00684-PMD-1)
Argued:
Decided:
ARGUED: Russell Warren Mace, III, THE MACE FIRM, Myrtle Beach,
South Carolina, for Appellant.
Jeffrey Mikell Johnson, OFFICE
OF THE UNITED STATES ATTORNEY, Columbia, South Carolina, for
Appellee. ON BRIEF: William N. Nettles, United States Attorney,
Columbia, South Carolina, Matthew J. Modica, Assistant United
States
Attorney,
OFFICE
OF
THE
UNITED
STATES
ATTORNEY,
Charleston, South Carolina, for Appellee.
PER CURIAM:
After Koorosh Dashtianpoor Roach was indicted in U.S.
District
Court
for
federal
drug
and
firearm
offenses,
Roach
The District
Court
the
rejected
Roachs
arguments,
holding
that
frisks,
I
Based on an informants tip that Roach was selling
heroin,
police
residence.
address
set
up
surveillance
of
North
Charleston
associated
with
Roach,
but
had
learned
from
the
the
drivers
side
and
interacted
with
the
Officers
driver
that
he
had
purchased
2
the
heroin
from
Dash
Roachs nickname.
Officers
At
vehicle,
driver,
other
passenger,
and
Roachs
attire
to
followed
the
vehicle.
When
they
saw
Roach
throw
Officer
saw
Roach
reaching
behind
up
the
backseat
door,
him
and
into
his
pants
and
ordered
Roach
to
show
his
repeatedly
brought
them
back
down
waistband area.
3
towards
his
pants
and
Once
when
he
began
the
J.A. 81.
patdown,
Officer Kruger
however,
Roach
persisted in bringing his hands and elbows to his waist area and
resisted
spreading
his
legs
and
stepping
away
from
the
car.
Officer Burnem
Once he
Roach
He testified
that he asked Roach whether the object was illegal and that
Roach
nodded
his
head.
Detective
Pritchard
put
on
gloves,
loosened Roachs belt, pulled back his pants, and saw a plastic
bag.
to public view.
As he walked toward
the patrol car, a loaded 9mm pistol dropped out of his pants
leg.
moved
to
suppress
the
drugs
and
the
firearm
and
trafficking
841(a)(1),
possessing
offense.
See
(b)(1)(B),
924(a)(2).
firearm
18
in
furtherance
U.S.C.
(c)(1)(C);
of
924(c)(1);
18
U.S.C.
21
drug
U.S.C.
922(g)(1),
II
On
violated
appeal,
the
Roach
Fourth
contends
Amendments
that
the
police
proscription
officers
against
detention
was
unreasonably
prolonged.
We
address
each
See
A
We
first
address
Roachs
argument
that
the
police
Michigan
and the safety of others, the Court has held that a police
officer may, as a matter of course, order passengers to get out
of
the
car
pending
completion
of
lawful
traffic
stop.
A police
v.
Johnson,
555
U.S.
323,
326
(2009).
Reasonable
evidence.
This
standard
Court
may
be
has
held
that
satisfied
by
the
an
reasonable
officers
suspicion
objectively
Cir. 1998); cf. United States v. Perrin, 45 F.3d 869, 873 (4th
Cir.
1995)
(it
is
certainly
reasonable
for
an
officer
to
drugs
and
guns
presumptively
creates
reasonable
Surveillance
vehicles
transactions.
that
day
had
been
consistent
with
drug
vehicle.
Taken
together,
those
objective
facts
and
accordingly,
reasonable
suspicion
that
Roach
was
contorting his body, sitting upright and half off the [front
passengers] seat.
J.A. 74-75.
7
he repeatedly thrust both hands behind him toward his pants and
waistband area, all the while watching Officer Burnem, who was
at the time preoccupied with the driver.
Roach persisted in
movements,
consistent
with
concealing
or
retrieving
defendant]
was
armed
and
dangerous).
Meanwhile,
the
these
circumstances,
Roach
appears
to
concede
See Brief of
patdown
uncovered
no
weapon.
In
Roachs
view,
any
Officer
Krugers
frisk.
As
an
initial
matter,
Roach
feet
apart.
Those
movements
indicated
that
Roach
was
Indeed,
the
frisk
because
Roachs
movements
caused
him
to
be
J.A. 82.
Roachs
and
pockets
before
handing
Roach
over
to
took
over;
it
was
thus
Officer
Burnem
who
noted
the
generally,
we
disagree
with
Roachs
suggestion
fluid,
rapidly
developing
situation
that
This was
unfolded
within
Under such
circumstances,
limit
Roachs
request
that
we
strictly
the
would
impose
screen
for
impractical
weapons
constraints
and
to
on
coordinate
officers
among
ability
to
themselves
in
reasonable
act.
and
prudent
persons,
not
legal
technicians,
2004).
At bottom, nothing in Officer Krugers initial patdown
of Roachs chest and pockets negated the objective circumstances
justifying a frisk.
B
We
Pritchard
next
address
conducted
an
Roachs
illegal
contention
search
of
his
that
Detective
person.
Roach
frisk
of
ones
outer
clothing,
probable
cause
is
this
Pritchards search.
case,
probable
cause
supported
Detective
when
Officer
Detective
Burnem
had
Pritchard
detected
approached
a
golf
Roach,
ball
he
size
In
knew
bulge
by
experience,
was
indicative
of
illegal
drugs.
Detective
front
sitting.
passengers
seat
of
the
car
where
Roach
had
been
Officer
Burnems
Burnems
Terry
detection
frisk
was
of
the
unlawful.
bulge
because
Officer
For
reasons
already
set
forth
in
Minnesota
11
v.
508
U.S.
366
(1993),
an
officer
may
seize
contraband
other
than
weapons
whose
contour
or
mass
makes
its
identity
immediately
apparent.
the
sufficiently
however,
Roach
presence
argues
of
narcotics
particularized
specifically
cause
alerted
by
on
any
single
that
factor
the
in
dogs
the
to
search
the
front
alert,
vehicle,
him.
which
was
not
The
dog,
passengers
seat
isolation,
but
rather
on
the
the
totality
of
the
circumstances
justified
C
Finally,
we
consider
Roachs
contention
that
the
12
cannot
be
stated
with
mathematical
United
precision.
Instead,
Id.
If
Id.
does
not
automatically
render
the
traffic
stop
police have no further need to control the scene, and inform the
driver and passengers they are free to leave.
Johnson, 555
U.S.
into
at
325.
Thus,
[a]n
officers
inquiries
matters
the
encounter
into
something
other
than
lawful
Id.
while
unrelated
to
the
littering
violation,
did
not
Although Roach
dog
arrived
within
amounted
to
approximately
two
minutes
of
the
action
is
meritless.
See,
e.g., United States v. McFarley, 991 F.2d 1188, 1193 (4th Cir.
1993) (upholding 38minute detention upon reasonable suspicion
to await arrival for narcotics-detection dog).
It is especially
See United
States v. Sharpe, 470 U.S. 675, 687-688 (1985) (We reject the
contention that a 20-minute stop is unreasonable when the police
have acted diligently and a suspects actions contribute[d] to
the added delay about which he complains).
of
that
even
if
the
routine
stop,
illegal
narcotics
the
detention
officers
activity
did
exceed
had
reasonable
was
afoot.
the
See
14
the
requisite
reasonable
suspicion
of
crime
to
the
foregoing
reasons,
we
affirm
the
district
AFFIRMED
15