United States v. Jennifer Richmond
915 F.3d 352 (2019)
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Rule of Law:
A law enforcement officer's physical touching of a vehicle's exterior constitutes a search under the Fourth Amendment's trespass test. However, such a search is reasonable and does not violate the Fourth Amendment if the officer has probable cause to believe the part of the vehicle being examined poses a safety risk.
Facts:
- Texas State Trooper Manuel Gonzales observed a pickup truck driven by Jennifer Richmond with tires that appeared to be 'shaking,' 'wobbly,' and 'unbalanced.'
- After Gonzales saw the truck cross the fog line, he initiated a traffic stop.
- Upon approaching the truck, Gonzales noticed that Richmond was unusually nervous, with trembling hands and a dry mouth.
- While walking to the rear of the truck, Gonzales observed that the bolts on the passenger-side rear tire had been stripped, as if they had been removed numerous times.
- Gonzales then pushed on the tire with his hand and heard a 'solid thumping noise,' which indicated something besides air was inside.
- Richmond provided inconsistent answers about her travel itinerary, and a background check revealed her truck had crossed from Mexico into the U.S. just hours earlier, contradicting her story.
- After obtaining Richmond's consent to search, Gonzales found suspicious items, and a subsequent inspection at a dealership revealed methamphetamine hidden in secret compartments within the tires.
Procedural Posture:
- Jennifer Richmond was charged with trafficking methamphetamine in federal district court.
- Richmond filed a motion to suppress the evidence, challenging the lawfulness of the traffic stop and its duration.
- The district court denied the motion to suppress.
- Richmond entered a conditional guilty plea, reserving her right to appeal the suppression ruling.
- Before sentencing, Richmond filed an amended motion to suppress, arguing for the first time that the trooper's tap of her tire was an unconstitutional search.
- At the sentencing hearing, the district court denied the amended motion, ruling that tapping a tire is not a search under existing law.
- Richmond appealed the district court's suppression rulings to the U.S. Court of Appeals for the Fifth Circuit.
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Issue:
Does a law enforcement officer's physical touching of a vehicle's tire to investigate its contents violate the Fourth Amendment when the officer has probable cause to believe the tire is unsafe?
Opinions:
Majority - Judge Gregg Costa
No. The officer's physical touching of the tire did not violate the Fourth Amendment because, while it qualified as a search, it was a reasonable one. The Supreme Court's decision in United States v. Jones revived the common-law trespassory test, which establishes that a physical intrusion on private property for the purpose of obtaining information is a search. Trooper Gonzales's act of pushing the tire was a physical trespass intended to gather information about its contents, thus constituting a search. However, the search was reasonable because the government's interest in ensuring public safety outweighed the minimal intrusion. Based on the wobbly appearance of the tires, the stripped bolts, and the truck veering from its lane, Gonzales had probable cause to believe the tire posed a safety risk, which justified the brief physical examination.
Analysis:
This decision clarifies that the Supreme Court's revived trespass test in United States v. Jones applies even to minimal physical contact with a vehicle's exterior for investigative purposes, labeling it a 'search.' However, the ruling provides law enforcement with a significant justification for such searches by holding that they are reasonable if supported by probable cause of a safety violation. This creates a standard where officers' subjective intent to find contraband is irrelevant, so long as an objective safety concern can be articulated, potentially lowering the justification needed for minor, physical exploratory actions during traffic stops.
