Opinion

United States v. Henry

  • 37 F.4th 173
Court
Court of Appeals for the Fifth Circuit
Filed
Jun 10, 2022
Status
Published
Nature of suit
Direct Criminal
Cited by
7 cases
Authority
More cited than 52.5%

“There is no constitutional impediment to a law enforcement officer’s request to examine a driver’s license during a traffic stop and run a computer check.” (footnote omitted)

How later courts described this case

  • “There is no constitutional impediment to a law enforcement officer’s request to examine a driver’s license during a traffic stop and run a computer check.” (footnote omitted)

Written by the judges who cited it.

The opinion

Case: 21-20043 Document: 00516352083 Page: 1 Date Filed: 06/10/2022

United States Court of Appeals

for the Fifth Circuit United States Court of Appeals

Fifth Circuit

FILED

June 10, 2022

No. 21-20043 Lyle W. Cayce

Clerk

United States of America,

Plaintiff—Appellee,

versus

Victor Bernard Henry,

Defendant—Appellant.

Appeal from the United States District Court

for the Southern District of Texas

No. 4:18-cr-719-1

Before Higginbotham, Higginson, and Oldham, Circuit Judges.

Per Curiam:

This case arises from a denial of a motion to suppress evidence

obtained twenty-six minutes into a traffic stop. We affirm.

I.

On February 22, 2018, Texas Department of Public Safety (“DPS”)

Agent Andrew Papanos spoke with a street-level heroin dealer about his

supplier. The dealer provided the supplier’s nickname, “Casper,” and a

physical description: a heavyset Black male with yellow or blond dreadlocks

who drove a black sports car, which may have been specifically identified as

Case: 21-20043 Document: 00516352083 Page: 2 Date Filed: 06/10/2022

No. 21-20043

a Chevrolet Camaro. At Papanos’ direction, the dealer ordered heroin from

Casper, which was delivered by Meagan Green, who was then arrested.

At about 11:30 p.m. on February 24, 2018, Papanos was parked at a gas

station when he saw someone resembling Casper. As the suspect drove a

black sports car (Dodge Challenger) away from the gas station, Papanos

maintained surveillance and observed the suspect throw a lit cigarette out the

car window, which is an offense. Papanos radioed to have a trooper try to

make a traffic stop, specifically contacting DPS Troopers Mackenzie Brown

and Dannie Gutierrez, requesting they stop the suspect’s car. The troopers

tracked the suspect and observed the car speeding (going 68 mph in a 65-mph

zone) and driving on the shoulder of the highway in violation of state law.

Brown initiated a traffic stop and made contact with Victor Bernard Henry

while Papanos pulled up behind.

Brown ordered Henry out of the vehicle. After obtaining Henry’s

driver’s license, Brown entered Henry’s information into his patrol car’s

computer and learned that Henry was driving with a suspended license, an

arrestable offense. Meanwhile, Papanos went to Brown’s patrol car to explain

his suspicion of drug trafficking. Brown then asked Henry for consent to

search the vehicle, which he gave. Before turning to the car, Brown frisked

Henry and noticed a large bulge in his shorts pocket; he asked Henry to pull

out whatever was causing the bulge. Henry pulled out a large wad of cash,

which he said was $3,200.

When other DPS Criminal Investigations Division (“CID”) agents

arrived and began to search the vehicle, Brown returned to his car to write a

citation for Henry’s driving with a suspended license. The CID agents found

bail bond paperwork for Meagan Green in Henry’s car. Papanos told Brown

that he believed Henry was Casper because Meagan Green had been arrested

for heroin delivery that came from Casper. After Papanos asked Brown if they

2

Case: 21-20043 Document: 00516352083 Page: 3 Date Filed: 06/10/2022

No. 21-20043

had a basis to arrest Henry, Brown explained that the suspended license

justified arrest. Within minutes of this conversation, a CID agent opened the

hood of Henry’s car and found a t-shirt containing 400 grams of heroin.

Papanos then arrested Henry.

Henry moved to suppress all evidence seized during the February 24,

2018 traffic stop. After a hearing, the district court denied Henry’s motion to

suppress. Henry conditionally pled guilty to possession with intent to

distribute 100 grams or more of heroin, reserving his right to appeal the

district court’s order on the motion to suppress. Henry timely appealed.

II.

On appeal of a motion to suppress ruling, we review factual findings

for clear error and conclusions of law de novo. 1 The denial of a suppression

motion will be upheld if there is any reasonable view of the evidence to

support the denial. 2

III.

In an analytical framework inspired by principles discussed in Terry v.

Ohio, 3 we review the legality of police investigatory stops in a two-part test. 4

We first examine whether the officer’s action was justified at its inception

and then inquire whether the officer’s subsequent actions were reasonably

related in scope to the circumstances that justified the stop. 5 As to the first

part, the traffic stop was valid on three bases: Henry (1) littered a cigarette in

1

United States v. Kendrick, 980 F.3d 432, 439 (5th Cir. 2020) (en banc).

2

United States v. Gratkowski, 964 F.3d 307, 310 (5th Cir. 2020).

3

392 U.S. 1 (1968).

4

United States v. Brigham, 382 F.3d 500, 506 (5th Cir. 2004).

5

Id.

3

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No. 21-20043

violation of Texas Health and Safety Code § 365.012(a), (2) sped, and (3)

drove on the shoulder of the highway in violation of Texas Transportation

Code § 545.058.

As to the second part, the district court stated the continuance of the

traffic stop was justified because Henry drove with a suspended license and

was a suspect in an ongoing drug trafficking investigation. We agree. A

detention must be temporary and last no longer than is necessary to

effectuate the purpose of the stop, unless further reasonable suspicion,

supported by articulable facts, emerges. 6 The question before this Court,

then, is whether Brown’s actions after he stopped Henry and before the

heroin was found were reasonably related to the circumstances that justified

the stop, or to dispelling his reasonable suspicion developed during the stop. 7

Approximately three minutes into the stop, Brown found that Henry’s

license was suspended. There is no constitutional impediment to a law

enforcement officer’s request to examine a driver’s license during a traffic

stop and run a computer check. 8 At this point, Brown could have arrested

Henry for driving with a suspended license. Moreover, Brown developed

reasonable suspicion that Henry was involved in the sale of heroin as the stop

progressed—Papanos explained to him that Henry matched the description

of a drug trafficking suspect.

The “touchstone of Fourth Amendment analysis is reasonableness.” 9

Reasonableness requires a balancing of the public interest with an

6

Id. at 507.

7

Id.

8

Id. at 507–08.

9

Id. at 507 (internal citations omitted).

4

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No. 21-20043

individual’s right to be free from arbitrary intrusions by law enforcement. 10

The Supreme Court has emphasized that courts must allow “officers to draw

on their own experience and specialized training to make inferences from and

deductions about the cumulative information available to them that ‘might

well elude an untrained person.’” 11 Brown’s suspicion that Henry was a drug

dealer known as Casper was reasonable under the Fourth Amendment. Agent

Papanos was involved in an ongoing heroin trafficking investigation. Two

days earlier, he arrested Meagan Green after she delivered heroin that had

been ordered by a cooperating street dealer from his supplier, whom he knew

only as Casper. Papanos was on the lookout for Casper, who had been

described by the dealer as a heavyset Black male with yellow or blond

dreadlocks who drove a black sports car. Papanos conveyed his suspicion to

Brown, who prolonged the stop on the basis of reasonable suspicion. 12 The

CID agents’ discovery of Meagan Green’s bond paperwork strengthened this

suspicion. Brown made permissible “commonsense judgments and

inferences about human behavior” and his own policing experiences. 13 Based

on the totality of the circumstances, a reasonable law enforcement officer

could conclude that Henry was the source of the heroin that had been

delivered by Meagan Green several days earlier, and that he had committed

the offense of possession of heroin with intent to distribute. 14

10

Id.

11

United States v. Arvizu, 534 U.S. 266, 273 (2002) (quoting United States v. Cortez,

449 U.S. 411, 418 (1981)).

12

Brigham, 382 F.3d at 507.

13

See Illinois v. Wardlow, 528 U.S. 119, 125 (2000) (internal citation omitted).

14

Brigham, 382 F.3d at 507.

5

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No. 21-20043

****

For the foregoing reasons, we AFFIRM the ruling of the district

court.

6

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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