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7th Circuit: Officer allowed to resume frisk

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As one 7th Circuit Court of Appeals judge cautioned, it’s generally not a good idea to ride around in a car with cocaine on you when police have many reasons why they may legitimately stop the car.

The warning came from Judge Diane Wood in United States of America v. Jermarcus Robinson, No. 09-3955, in which Jermarcus Robinson appealed his conviction of possession with intent to distribute. The federal appellate court affirmed.

Fort Wayne Police Officer Shane Pulver pulled over the car Robinson was riding in because the officer recognized driver David Robinson as a habitual traffic offender who didn’t have a license. Within seven minutes of the initial stop, Pulver saw a pocket knife in Jermarcus Robinson’s pocket, began a pat-down of Robison as his sister and girlfriend drove up, a second officer responded, Pulver stopped his pat-down to search the car and found a digital scale, then resumed the pat-down and found the hard object he felt earlier near Robinson’s backside. The object was a bag of 54 grams of crack cocaine.

Robinson lost his motion to suppress the evidence and entered into a conditional plea agreement.

He argued that the events that occurred in the seven minutes of the stop and search should be divided into three distinct stages and that he should have been let go after stage one – when police first frisked him and then stopped. He claimed stage two – the search of the car – wasn’t authorized by Arizona v. Gant, 129 S.Ct. 1710 (2009), because he wasn’t arrested until after the car was searched so the search wasn’t incident of the arrest. He claimed stage three was when Pulver searched him again and found the cocaine.

“If these events had dragged out over a longer period, then Robinson’s account might be more persuasive,” wrote Judge Wood. “Similarly, we might be more inclined to see things his way if Velma and Sunny had not been hovering just steps away and becoming increasingly agitated. But they were there, and this was a rapidly evolving situation.”

When Pulver stopped his pat-down and went to the car, another officer was there to watch Robinson. Pulver handed off responsibility for Robinson to his partner, not because he had finished his frisk and Robinson was free to go. Robinson also originally tightened up when first frisked to prevent Pulver from finding the drugs. Pulver felt a hard object, believed it wasn’t a weapon, and went to secure the car before finishing the pat-down.

The judges looked at the incident as a single event, not different stages. They also ruled it wasn’t necessary to rely on the fact that Pulver saw the scale in the car to justify resuming his search of Robinson.  

“Finally, just because he indicated after the fact that his initial impression was that the hard object he felt for an instant during the first phase was not a weapon, objectively speaking something hard might have been harmful, and Pulver was entitled to assure himself that his first impression was correct,” wrote Judge Wood.
 

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  1. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

  2. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

  3. Thank you, Honorable Ladies, and thank you, TIL, for this interesting interview. The most interesting question was the last one, which drew the least response. Could it be that NFP stamps are a threat to the very foundation of our common law American legal tradition, a throwback to the continental system that facilitated differing standards of justice? A throwback to Star Chamber’s protection of the landed gentry? If TIL ever again interviews this same panel, I would recommend inviting one known for voicing socio-legal dissent for the masses, maybe Welch, maybe Ogden, maybe our own John Smith? As demographics shift and our social cohesion precipitously drops, a consistent judicial core will become more and more important so that Justice and Equal Protection and Due Process are yet guiding stars. If those stars fall from our collective social horizon (and can they be seen even now through the haze of NFP opinions?) then what glue other than more NFP decisions and TRO’s and executive orders -- all backed by more and more lethally armed praetorians – will prop up our government institutions? And if and when we do arrive at such an end … will any then dare call that tyranny? Or will the cost of such dissent be too high to justify?

  4. This is easily remedied, and in a fashion that every church sacrificing incense for its 501c3 status and/or graveling for government grants should have no problem with ..... just add this statue, http://commons.wikimedia.org/wiki/File:Capitoline_she-wolf_Musei_Capitolini_MC1181.jpg entitled, "Jesus and Cousin John learn to suckle sustenance from the beloved Nanny State." Heckfire, the ACLU might even help move the statue in place then. And the art will certainly reflect our modern life, given the clergy's full-bellied willingness to accede to every whim of the new caesars. If any balk, just threaten to take away their government milk … they will quiet down straightaway, I assure you. Few, if any of them, are willing to cross the ruling elite as did the real J&J

  5. Tina has left the building.

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