v.
Gomez
United States v. Gomez
In the
United States Court of Appeals
For the Second Circuit
August Term, 2016
No. 16‐181‐cr
UNITED STATES OF AMERICA,
Appellee,
v.
BRAYAN GOMEZ,
Defendant‐Appellant.
Appeal from the United States District Court
for the District of Connecticut.
No. 14‐cr‐63 — Janet C. Hall, Chief Judge.
ARGUED: MAY 16, 2017
DECIDED: DECEMBER 5, 2017
Before: PARKER, WESLEY, and DRONEY, Circuit Judges.
This appeal arises out of a traffic stop of Defendant‐Appellant Brayan Gomez and his resulting judgment of conviction for heroin‐ trafficking in the United States District Court for the District of Connecticut (Hall, C.J.). During the five‐minute traffic stop prompted by multiple traffic violations, the officers prolonged Gomez’s seizure by asking him narcotics‐related questions. Gomez then consented to the search of a bag in the car’s trunk, which contained heroin. The district court denied Gomez’s motion to suppress. We hold that the traffic stop violated the Fourth Amendment because the officers extended the stop for reasons unrelated to Gomez’s traffic violations. Nevertheless, we conclude that the good‐faith exception to the exclusionary rule applies because, at the time of the stop, the officers reasonably relied on our binding precedent, which we conclude is abrogated by Rodriguez v. United States, ––– U.S. –––, 135 S. Ct. 1609 (2015). Accordingly, we AFFIRM the judgment of the district court. GEOFFREY M. STONE (Marc H. Silverman, of counsel), Assistant United States Attorneys, for Deirdre M. Daly, United States Attorney for the District of Connecticut, New Haven, CT, for Appellee. MATTHEW W. BRISSENDEN, Garden City, NY, for Defendant‐Appellant.
2
DRONEY, Circuit Judge:
This appeal arises out of a traffic stop of Defendant‐Appellant
Brayan Gomez. During surveillance in connection with a heroin‐ trafficking investigation in Hartford, Connecticut, officers observed
Gomez commit several traffic violations and stopped his car.
During the five‐minute traffic stop, the officers prolonged the seizure by asking Gomez narcotics‐related questions not pertinent to the traffic violations. After the questioning, Gomez consented to the search of a closed bag in the car’s trunk, which contained nearly a half‐kilogram of heroin and drug‐packaging materials.
Gomez moved to suppress this evidence, arguing that, inter alia, his seizure violated the Fourth Amendment because the officers measurably extended the stop for investigatory reasons unrelated to the traffic violations. Applying this Court’s holding in United States v. Harrison, 606 F.3d 42, 45 (2d Cir. 2010) (per curiam)––that questioning unrelated to traffic violations during a five‐to‐six minute stop did not violate the Fourth Amendment––the United
States District Court for the District of Connecticut (Hall, C.J.) denied
Gomez’s suppression motion. Shortly before the district court’s suppression ruling, however, the Supreme Court held that “a police stop exceeding the time needed to handle the matter for which the stop was made violates the Constitution’s shield against unreasonable seizures,” indicating that the critical question is whether the unrelated investigation “prolongs––i.e., adds time to–– the stop.” Rodriguez v. United States, ––– U.S. –––, 135 S. Ct. 1609,
1612, 1616 (2015) (internal quotation marks omitted).
For the reasons that follow, we conclude that the Supreme
Court’s decision in Rodriguez abrogates our holding in Harrison.1 We also conclude that Gomez’s seizure, albeit only five minutes in length, contravenes Rodriguez’s holding and therefore violates the
Fourth Amendment. Nevertheless, we conclude that the good‐faith exception to the exclusionary rule applies because, at the time of the
1 This opinion has been circulated to all the judges of the Court prior to filing.
stop, the officers reasonably relied on our precedent in Harrison. As to Gomez’s other arguments, we conclude that the district court did not clearly err in concluding that (i) the initial stop was based on valid probable cause or reasonable suspicion to believe he committed a traffic violation, and (ii) he consented to the searches of the car, its trunk, and the closed bag in the trunk. Accordingly, we
AFFIRM the judgment of the district court.
BACKGROUND
I. The Heroin‐Trafficking Investigation
In March 2014, Hartford police detective James Campbell and
Drug Enforcement Administration (“DEA”) special agent Michael
Schatz––members of a DEA task force––were investigating a large‐ scale heroin‐trafficking organization operating out of Hartford. [2]