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United States v. Derverger

Citation: 337 F. App'x 34Docket: No. 08-5204-cr

Court: Court of Appeals for the Second Circuit; July 14, 2009; Federal Appellate Court

Narrative Opinion Summary

The case involves a defendant who, after pleading guilty to possessing a modified shotgun without a serial number, appeals the denial of his motion to suppress evidence obtained during a traffic stop. The defendant contends that the officers' conduct during the stop, including inquiries about his demeanor and a patdown search, violated the Fourth Amendment as they were unrelated to the original seat belt infraction. The court examines the motion to suppress, applying a standard of clear error for factual findings and de novo review for legal conclusions. It determines that the officers' questions, lasting no more than five minutes, did not unlawfully extend the duration of the stop. Furthermore, the defendant's admission of possessing a shotgun justified the patdown search under reasonable suspicion of a weapon on his person. Ultimately, the court concludes that the defendant's arguments lack merit and affirms the district court's decision, maintaining that the seizure was conducted in a lawful and reasonable manner.

Legal Issues Addressed

Fourth Amendment and Traffic Stops

Application: The court held that inquiries unrelated to the reason for a traffic stop do not convert a lawful seizure into an unlawful one as long as they do not significantly extend the duration of the stop.

Reasoning: The Supreme Court has established that inquiries unrelated to the reason for a traffic stop do not convert a lawful seizure into an unlawful one, provided they do not significantly extend the duration of the stop.

Lawful Seizure Execution

Application: A lawful seizure executed in an unreasonable manner can become unconstitutional, but the court found the officers' conduct in this case to be reasonable.

Reasoning: The court notes that a lawful seizure can become unconstitutional if executed in an unreasonable manner, but this was not the case here.

Motion to Suppress Evidence

Application: The court reviews the denial of a motion to suppress evidence seized during a traffic stop, evaluating factual findings for clear error and legal conclusions de novo.

Reasoning: The court reviews factual findings on a motion to suppress for clear error and legal conclusions de novo.

Reasonable Suspicion and Patdown Searches

Application: A patdown search was justified based on the defendant's admission of having a shotgun in his vehicle, establishing reasonable suspicion of a weapon on his person.

Reasoning: However, the patdown occurred after he admitted to having a shotgun in his vehicle, which established reasonable suspicion that he might also have a weapon on his person.