United States v. White, 593 F.3d 1199 (11th Cir. 2010). · Go Syfert
United States v. White, 593 F.3d 1199 (11th Cir. 2010). Cases Citing This Book View Copy Cite
145 citation events (145 in the last 25 years) across 29 distinct courts.
Strongest positive: United States v. Jae Bernard (ca8, 2025-05-09)
Treatment trajectory · 2010 → 2026 · click a year to view as-of
2010 2018 2026
Under fire: who is questioning this case
Citations from separate opinions of courts that could overrule this case, and citations using reconsideration language. This is a warning signal, not a treatment change. The flag color above is unaffected.
Reconsideration language United States v. Travion Vanhorn (2026)
“Instead, prohibitions on felons possessing firearms were a “presumptively lawful longstanding prohibition.” Id. (citing United States v. White, 593 F.3d 1199, 1205–06 (11th Cir. 2010)); see also Hel- ler, 554 U.S. at 581 (“[N]othing in [this] opinion should be taken to cast doubt on longstanding prohibitions on the possession of fire- arms by felons.”).”
Reconsideration language United States v. Eibe Scott (2026)
“We highlighted “that ‘nothing in [Heller] should be taken to cast doubt on longstanding prohibitions on the possession of firearms by felons’” or “suggest[ed] that statutes dis- qualifying felons from possessing a firearm under any and all cir- cumstances do not offend the Second Amendment.” Id. (quoting Heller, 554 U.S. at 2816-17 ).”
Reconsideration language United States v. Andre Michael Dubois (2025)
“Heller “made this clear” by labeling the felon-in-possession ban “‘a presumptively lawful longstanding prohibition.’” Id. (quoting United States v. White, 593 F.3d 1199 , 1205–06 (11th Cir. 2010)); ac- cord McDonald v. City of Chicago, 561 U.S. 742, 786 (2010) (plurality opinion) (“We made it clear in Heller that our holding did not cast doubt on such longstanding regulatory measures as…”
Reconsideration language United States v. Roderick Farrier (2025)
“Instead, prohibitions on felons pos- sessing firearms were a “presumptively lawful longstanding prohi- bition.” Id. (citing United States v. White, 593 F.3d 1199 , 1205–06 (11th Cir. 2010)); see also Heller, 554 U.S. at 581 (“[N]othing in [this] opinion should be taken to cast doubt on longstanding prohibitions on the possession of firearms by felons.”).”
Reconsideration language United States v. Andre Michael Dubois (2024)
“Heller “made this clear” by labeling the felon-in-possession ban “‘a pre- sumptively lawful longstanding tradition.’” Id. (quoting United States v. White, 593 F.3d 1199 , 1205–06 (11th Cir. 2010)); accord McDonald v. City of Chicago, 561 U.S. 742, 786 (2010) (plurality opin- ion) (“We made it clear in Heller that our holding did not cast doubt on such longstanding regulatory measures as…”
Concurrence United States v. Paul Johnson, Jr. (2019)
“See id. at 29-30 , 88 S.Ct. 1868 ; see also Pennsylvania v. Mimms , 434 U.S. 106 , 111-12, 98 S.Ct. 330 , 54 L.Ed.2d 331 (1977) (concluding that an officer who observed a bulge in a suspect's jacket was authorized to conduct a Terry pat down and seize the gun); United States v. White , 593 F.3d 1199 , 1202 (11th Cir. 2010) (affirming the denial of a motion to suppress a gun found during a…”
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) United States v. Jae Bernard
8th Cir. · 2025 · signal: see also · quote attribution · 1 verbatim quote · confidence high
a person convicted under 922(g)(9) must have first acted violently toward a family member or domestic partner, a predicate demonstrated by his conviction for a misdemeanor crime of violence.
discussed Cited as authority (verbatim quote) Florida Carry, Inc. v. City of Miami Beach
S.D. Fla. · 2021 · quote attribution · 1 verbatim quote · confidence high
in connection with a terry stop, an officer may conduct a pat-down search if he has reason to believe that his own safety or the safety of others is at risk.
examined Cited as authority (verbatim quote) GRANT v. HANSON
M.D. Ga. · 2021 · signal: see, e.g. · quote attribution · 1 verbatim quote · confidence high
given that the smell of marijuana alone may provide a basis for reasonable suspicion for further investigation of possible criminal conduct, the 6 plaintiff's complaint does not challenge the validity of the traffic stop. 10 initial stop was valid.
discussed Cited as authority (verbatim quote) Clifford Tyler v. Hillsdale County Sheriff's Dep't
6th Cir. · 2016 · signal: see, e.g. · quote attribution · 1 verbatim quote · confidence high
we see no reason to exclude 922(g)(9) from the list of longstanding prohibitions on which heller does not cast doubt.
examined Cited as authority (verbatim quote) Clifford Tyler v. Hillsdale County Sheriff's Dep't (2×)
6th Cir. · 2016 · signal: see, e.g. · quote attribution · 2 verbatim quotes · confidence high
we see no reason to exclude 922(g)(9) from the list of longstanding prohibitions on which heller does not cast doubt.
discussed Cited as authority (rule) United States v. Jalen McIntyre
11th Cir. · 2026 · confidence medium
The district court did not err in concluding that Harmon had reasonable suspicion to prolong the stop based on Harmon’s and Brown’s testimony they smelled marijuana because “the smell of marijuana alone may provide a basis for reasonable suspicion for further investigation.” See United States v. White, 593 F.3d 1199, 1203 (11th Cir. 2010). 2 2 McIntyre abandoned his argument that exigent circumstances did not pro- vide reasonable suspicion to prolong the stop because he raised it for the first time in his reply brief, so we do not consider it.
discussed Cited as authority (rule) United States v. Eibe Scott
11th Cir. · 2026 · confidence medium
The Rozier decision did not rely on means-end scrutiny to conclude that § 922(g)(1) was constitutional, but rather, recognized that prohibiting felons from USCA11 Case: 25-12828 Document: 17-1 Date Filed: 04/17/2026 Page: 4 of 7 4 Opinion of the Court 25-12828 possessing firearms was a “‘presumptively lawful longstanding pro- hibition.’” Id. at 771 (quoting United States v. White, 593 F.3d 1199, 1205-06 (11th Cir. 2010)).
discussed Cited as authority (rule) Christopher Brown v. Secretary, Department of Corrections
M.D. Fla. · 2025 · confidence medium
The “smell of marijuana alone may provide a basis for reasonable suspicion for further investigation of possible criminal conduct.” United States v. White, 593 F.3d 1199, 1203 (11th Cir. 2010); see also United States v. Roberts, 849 F. App’x 863 , 866 (11th Cir. 2021) (“[T]he smell of marijuana alone can provide reasonable suspicion for an investigatory stop.”).
cited Cited as authority (rule) OSSON v. SPARKS POLICE DEPARTMENT
M.D. Ga. · 2025 · confidence medium
(See id. at 6) (citing Merricks v. Adiksson, 785 F.3d 553 , 580 n.3 (11th Cir. 2015) (Fourth Amendment case) and United States v. White, 593 F.3d 1199, 1204 (11th Cir. 2010) (same)).
discussed Cited as authority (rule) Travis Lee Schinke v. Joshua Kaul
Wis. Ct. App. · 2025 · confidence medium
Therefore, he contends, his 2004 conviction does not support the DOJ’s finding that Schinke satisfied the domestic relationship requirement. ¶12 Federal courts, however, have held that a “live-in” partner “qualifies as a domestic relationship for purposes of” 18 U.S.C. § 921 (a)(33), see United States v. White, 593 F.3d 1199, 1204-05 (11th Cir. 2010) (citation omitted), including a “live-in” girlfriend of two months, see United States v. Shelton, 325 F.3d 553, 563 (5th Cir. 2003).
discussed Cited as authority (rule) United States v. Lakesia Harden
11th Cir. · 2024 · confidence medium
USCA11 Case: 20-14004 Document: 42-1 Date Filed: 06/18/2024 Page: 19 of 19 20-14004 Opinion of the Court 19 it took him only thirty seconds to find the drugs during the search. “[T]he smell of marijuana alone may provide a basis for reasonable suspicion.” United States v. White, 593 F.3d 1199, 1203 (11th Cir. 5 2010).
cited Cited as authority (rule) Holmes v. Clearwater Police Department
M.D. Fla. · 2024 · confidence medium
Appx. 980, 981 (11th Cir. 2017) (citing United States v. White, 593 F.3d 1199, 1203 (11th Cir. 2010), and citing United States v. Griffin, 109 F.3d 706, 708 (11th Cir. 1997)).
cited Cited as authority (rule) United States v. Ronell Bernard Bryant, III
11th Cir. · 2023 · confidence medium
United States v. White, 593 F.3d 1199, 1202 (11th Cir. 2010).
discussed Cited as authority (rule) United States v. Saweljia Tyree Floyd (2×) also: Cited "see"
11th Cir. · 2023 · confidence medium
United States v. White, 593 F.3d 1199, 1202 (11th Cir. 2010).
discussed Cited as authority (rule) Brinson v. Garland
N.D. Cal. · 2023 · confidence medium
June 3 16, 2000) (finding as proved beyond a reasonable doubt that the defendant and victim lived 4 together along with other facts supporting finding that defendant cohabited with victim as a 5 spouse); United States v. Shelton, 325 F.3d 553, 562-63 (5th Cir. 2003) (the defendant admitted at 6 trial that the victim was his “live-in girlfriend” of two months at the time of the assault); United 7 States v. White, 593 F.3d 1199, 1204-05 (11th Cir. 2010) (government established the underlying 8 domestic abuse offense was committed against a person with a specified domestic relationship 9 beyo…
discussed Cited as authority (rule) United States v. Jeffrey James
11th Cir. · 2022 · confidence medium
However, as James notes, we have held that “marijuana alone may provide a basis for reasonable suspicion for further investigation of possible criminal conduct.” United States v. White, 593 F.3d 1199, 1203 (11th Cir. 2010).
discussed Cited as authority (rule) United States v. Ignacio Jimenez-Shilon
11th Cir. · 2022 · confidence medium
Rather, we have always—and only— assumed that we would do so if we determined, in some unidenti- fied future case, that a law “restricted activity” that is “protected by the Second Amendment in the first place.” GeorgiaCarry.Org, 687 F.3d at 1260 n.34; see United States v. Bolatete, 977 F.3d 1022, 1036 (11th Cir. 2020); United States v. Focia, 869 F.3d 1269 , 1285–87 (11th Cir. 2017); GeorgiaCarry.Org, Inc. v. U.S. Army Corps of Eng’rs, 788 F.3d 1318, 1324 (11th Cir. 2015); see also United States USCA11 Case: 20-13139 Date Filed: 05/23/2022 Page: 24 of 27 20-1313 Newsom, J., co…
discussed Cited as authority (rule) United States v. Antonio De La Rosa
11th Cir. · 2022 · confidence medium
In some cases, “the smell of marijuana alone may provide a basis for reasonable suspicion for further investigation of possible criminal conduct.” United States v. White, 593 F.3d 1199, 1203 (11th Cir. 2010); see also United States v. Tobin, 923 F.2d 1506, 1512 (11th Cir. 1991) (en banc) (not- ing that an officer’s suspicions “rose to the level of probable cause when, as the door stood opened, he detected what he knew from his law enforcement experience to be the odor of marijuana”).
discussed Cited as authority (rule) United States v. Dequay Roberts
11th Cir. · 2021 · confidence medium
Because we have held that the smell of marijuana alone may create a reasonable suspicion of criminal wrongdoing, see United States v. White, 593 F.3d 1199, 1203 (11th Cir. 2010), and because the group was sufficiently small, the detectives were justified in detaining Roberts.
discussed Cited as authority (rule) Hernandez v. State Personnel Board
Cal. Ct. App. · 2021 · confidence medium
(United States v. White (11th Cir. 2010) 593 F.3d 1199, 1204 [“live-in girlfriend” constituted sufficient relationship because “she lived with him, was his ‘girlfriend,’ and the dispute was a ‘domestic’ one”]; Buster v. United States (8th Cir. 2006) 447 F.3d 1130, 1133 [victim was live-in girlfriend of unspecified duration, and “abuse perpetrated on a live-in girlfriend is domestic abuse committed ‘by a person similarly situated to a spouse’”]; United States v. Shelton (5th Cir. 2003) 325 F.3d 553, 563 [affirming conviction where victim lived with the defendant for two …
cited Cited as authority (rule) United States v. Jonathan Greene
11th Cir. · 2020 · confidence medium
United States v. White, 593 F.3d 1199, 1205 (11th Cir. 2010).
discussed Cited as authority (rule) United States v. Lytle Stephen, Jr.
11th Cir. · 2020 · confidence medium
As we have said before, “the smell of marijuana alone may provide a basis for reasonable suspicion for further investigation of possible criminal conduct.” United States v. White, 593 F.3d 1199, 1203 (11th Cir. 2010).
cited Cited as authority (rule) United States v. Kelvin Byon
11th Cir. · 2020 · confidence medium
United States v. White, 593 F.3d 1199, 1202 (11th Cir. 2010).
cited Cited as authority (rule) United States v. Donald Ray Horne
11th Cir. · 2019 · confidence medium
United States v. White, 593 F.3d 1199, 1205 (11th Cir. 2010).
discussed Cited as authority (rule) ROCKEMORE v. CITY OF THOMASTON (2×)
M.D. Ga. · 2019 · confidence medium
An officer is entitled to “stop and briefly detain a person to investigate a reasonable suspicion that he is involved in criminal activity, even though probable cause is lacking.” United States v. White, 593 F.3d 1199, 1202 (11th Cir. 2010) (quoting United States v. Williams, 876 F.2d 1521, 1523 (11th Cir. 1989)).
discussed Cited as authority (rule) United States v. Paul Johnson, Jr.
11th Cir. · 2019 · confidence medium
See id. at 29–30; see also Pennsylvania v. Mimms, 434 U.S. 106 , 111–12 (1977) (concluding that an officer who observed a bulge in a suspect’s jacket was authorized to conduct a Terry pat down and seize the gun); United States v. White, 593 F.3d 1199, 1202 (11th Cir. 2010) (affirming the denial of a motion to suppress a gun found during a Terry frisk pursuant to an authorized Terry stop and frisk).
discussed Cited as authority (rule) United States v. Cantrell Lamont Burwell (2×)
11th Cir. · 2019 · confidence medium
Id. at 112 , 98 S. Ct. at 334 ; United States v. White, 593 F.3d 1199, 1202 (11th Cir. 2010).
discussed Cited as authority (rule) Terry Lee Stimmel v. Jefferson B. Sessions
6th Cir. · 2018 · confidence medium
See United States v. Chovan, 735 F.3d 1127, 1139 (9th Cir. 2013); United States v. Staten, 666 F.3d 154, 160-61 (4th Cir. 2011); United States v. Booker, 644 F.3d 12, 22-26 (1st Cir. 2011); United States v. Skoien, 614 F.3d 638, 639-45 (7th Cir. 2010) (en banc); United States v. White, 593 F.3d 1199, 1205-06 (11th Cir, 2010); cf. Fisher v. Kealoha, 855 F.3d 1067, 1070 (9th Cir. 2017) (per curiam); United States v. Chester, 514 Fed.Appx. 393, 394-95 (4th Cir. 2013) (per curiam); In re United States, 578 F.3d 1195, 1200 (10th Cir. 2009) (mem) (nonprecedential order attached to published dissent)…
cited Cited as authority (rule) United States v. Robert Lamar Gerald
11th Cir. · 2017 · confidence medium
United States v. White, 593 F.3d 1199, 1203 (11th Cir. 2010).
cited Cited as authority (rule) United States v. Chad Lamar Hogan
11th Cir. · 2017 · confidence medium
United States v. White, 593 F.3d 1199, 1202 (11th Cir. 2010) (citing Terry v. Ohio, 392 U.S. 1 , 88 S.Ct. 1868 , 20 L.Ed.2d 889 (1968)).
discussed Cited as authority (rule) People v. Burns
Ill. · 2016 · confidence medium
Wis. 2008) (upholding the constitutionality of section 922(g)(8) which restricts the possession of weapons by those subject to an order of protection); United States v. White, 593 F.3d 1199, 1206 (11th Cir. 2010) (upholding the constitutionality of section 922(g)(9) which restricts the possession of weapons by those convicted of a misdemeanor crime of domestic violence).
discussed Cited as authority (rule) People v. Burns
Ill. · 2015 · confidence medium
Wis. 2008) (upholding the constitutionality of section 922(g)(8) which restricts the possession of weapons by those subject to an order of protection); United States v. White, 593 F.3d 1199, 1206 (11th Cir. 2010) (upholding the constitutionality of section 922(g)(9) which restricts the possession of weapons by those convicted of a misdemeanor crime of domestic violence).
discussed Cited as authority (rule) Dale Norman v. State
Fla. Dist. Ct. App. · 2015 · confidence medium
See Moore v. Madigan, 702 F.3d 933, 943 (7th Cir.2012); Kachalslcy v. Cnty. of Westchester, 701 F.3d 81, 93-94 (2d Cir.2012); United States v. Booker, 644 F.3d 12, 22-25 (1st Cir.2011); United States v. Masciandaro, 638 F.3d 458, 469-70 (4th Cir.2011); United States v. Skoien, 614 F.3d 638, 641-42 (7th Cir.2010); United States v. White, 593 F.3d 1199, 1205 (11th Cir.2010); United States v. Rene E., 583 F.3d 8, 13-16 (1st Cir.2009).
discussed Cited as authority (rule) Erik Laubis v. Kathy Witt
6th Cir. · 2015 · confidence medium
See, e.g., United States v. Choran, 735 F.3d 1127 (9th Cir.2013) (and cases discussed therein); United States v. Booker, 644 F.3d 12, 25 (1st Cir.2011); United States v. Skoien, 614 F.3d 638 (7th Cir.2010) (en banc); United States v. White, 593 F.3d 1199, 1206 (11th Cir.2010).
examined Cited as authority (rule) Clifford Tyler v. Hillsdale County Sheriff's Dep't (3×) also: Cited "see"
6th Cir. · 2014 · confidence medium
See e.g., United States v. Vongxay, 594 F.3d 1111, 1116-17 (9th Cir.2010) (employing a common-law approach by relying on past cases and also examining “cases from other circuits” and "historical gun restrictions”); United States v. White, 593 F.3d 1199, 1205-06 (11th Cir.2010) (reasoning based not on a level of scrutiny but by analogy to Heller); United States v. Rene E., 583 F.3d 8, 12 (1st Cir.2009) ("rest[ing] our conclusion” not on a level of scrutiny but by examining "a longstanding tradition of prohibiting juveniles from both receiving and possessing handguns,” and by employing…
examined Cited as authority (rule) United States v. Shawn Dellena Samuel (3×) also: Cited "see"
11th Cir. · 2014 · confidence medium
United States v. White, 593 F.3d 1199, 1202 (11th Cir. 2010).
cited Cited as authority (rule) United States v. Calvin Johnson
11th Cir. · 2014 · confidence medium
United States v. White, 593 F.3d 1199, 1202 (11th Cir.2010).
discussed Cited as authority (rule) Morris v. Town of Lexington Alabama
11th Cir. · 2014 · confidence medium
He was not a man armed and presently dangerous, or a man who “ha[d] engaged in, or is about to engage in, criminal activity,” United States v. White, 593 F.3d 1199, 1202 (11th Cir.2010) (internal quotation marks omitted), and thus was not subject to a Terry stop.
examined Cited as authority (rule) United States v. Daniel Chovan (4×)
9th Cir. · 2013 · confidence medium
Upheld as a “Presumptively Lawful Longstanding Prohibition”: Eleventh Circuit The Eleventh Circuit considered the constitutionality of § 922(g)(9) and upheld it as a “presumptively lawful longstanding prohibition[].” United States v. White, 593 F.3d 1199, 1205 (11th Cir. 2010).
discussed Cited as authority (rule) Coram v. State of Illinois
Ill. · 2013 · confidence medium
Both logic and data establish a substantial relation between § 922(g)(9) and this objective.”); United States v. White, 593 F.3d 1199, 1206 (11th Cir. 2010) (upholding the constitutionality of section 922(g)(9) as a presumptively lawful “ ‘longstanding prohibition[ ] on the possession of firearms’ ” (quoting Heller, 554 U.S. at 626 )). ¶ 130 I agree with the lead opinion that Coram essentially concedes the statute’s facial validity.
discussed Cited as authority (rule) Coram v. The State of Illinois
Ill. · 2013 · confidence medium
Both logic and data establish a substantial relation between § 922(g)(9) and this objective.”); United States v. White, 593 F.3d 1199, 1206 (11th Cir. 2010) (upholding the constitutionality of section 922(g)(9) as a presumptively lawful “ ‘longstanding prohibition[ ] on the possession of firearms’ ” (quoting Heller, 554 U.S. at 626 )). ¶ 130 I agree with the lead opinion that Coram essentially concedes the statute’s facial validity.
cited Cited as authority (rule) United States v. Kenny Thrower
11th Cir. · 2013 · confidence medium
United States v. White, 593 F.3d 1199, 1205 (11th Cir.2010).
discussed Cited as authority (rule) Chardin v. Police Commissioner
Mass. · 2013 · confidence medium
We note that the Federal ban on felons in possession of firearms, 18 U.S.C. § 922 (g)(1) (2006), “does not distinguish between the violent and non-violent offender,” United States v. White, 593 F.3d 1199, 1205-1206 (11th Cir. 2010), and consistently has withstood Second Amendment challenges.
cited Cited as authority (rule) United States v. Rasheen Jahmal Smith
11th Cir. · 2012 · confidence medium
United States v. White, 593 F.3d 1199, 1202 (11th Cir.2010) (citing Terry v. Ohio, 392 U.S. 1, 27 , 88 S.Ct. 1868, 1883 , 20 L.Ed.2d 889 (1968)).
examined Cited as authority (rule) Enos v. Holder (3×)
E.D. Cal. · 2012 · confidence medium
United States v. White, 593 F.3d 1199, 1206 (11th Cir.2010) (“we now explicitly hold that 922(g)(9) is a presumptively lawful longstanding prohibition on the possession of firearms”); United States v. Booker, 644 F.3d 12, 24 (1st Cir.2011) (“indeed, 922(g)(9) fits comfortably among the categories of regulations that Heller suggested would be presumptively lawful”); In re United States, 578 F.3d 1195 (10th Cir.2009) (“nothing suggests that the Heller dictum, which we must follow, is not inclusive of § 922(g)(9) involving those convicted of misdemeanor domestic violence”); United St…
discussed Cited as authority (rule) United States v. Laurent
E.D.N.Y · 2011 · confidence medium
United States v. Barton, 633 F.3d 168 (3d Cir.2011) (holding that defendant’s conviction for being a felon in possession of a firearm and ammunition did not violate his Second Amendment rights); United States v. Scroggins, 599 F.3d 433, 451 (5th Cir.2010) (same); United States v. Rozier, 598 F.3d 768, 771 (11th Cir.2010) (same); United States v. McCane, 573 F.3d 1037, 1047 (10th Cir.2009) (same); United States v. Yancey, 621 F.3d 681 (7th Cir.2010) (upholding statute prohibiting gun possession by illegal drug users); United States v. White, 593 F.3d 1199, 1205-06 (11th Cir.2010) (holding tha…
discussed Cited as authority (rule) United States v. Wells
N.D.N.Y. · 2011 · confidence medium
See, e.g., United States v. Booker, 644 F.3d 12, 26 (1st *445 Cir.2011); United States v. Skoien, 614 F.3d 638, 645 (7th Cir.2010) (en banc), cert. denied, - U.S. -, 131 S.Ct. 1674 , 179 L.Ed.2d 645 (2011); United States v. White, 593 F.3d 1199, 1206 (11th Cir.2010).
cited Cited as authority (rule) United States v. Kenneth D. Edwards
11th Cir. · 2011 · confidence medium
United States v. White, 593 F.3d 1199, 1205 (11th Cir.2010).
cited Cited as authority (rule) United States v. Alfred Maurice Blackley
11th Cir. · 2011 · confidence medium
United States v. White, 593 F.3d 1199, 1202-03 (11th Cir.2010).
discussed Cited as authority (rule) Ross v. Federal Bureau of Alcohol, Tobacco, & Firearms
D. Maryland · 2011 · confidence medium
See, e.g., United States v. Booker, 644 F.3d 12, 26 (1st Cir.2011) (upholding § 922(g)(9) under intermediate scrutiny review); United States v. Skoien, 614 F.3d 638, 641-42 (7th Cir.2010) (same); United States v. White, 593 F.3d 1199, 1206 (11th Cir.2010) (upholding § 922(g)(9) as “presumptively lawful” under Heller).
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee,
v.
Ludivic WHITE, Jr., Defendant-Appellant
08-16010.
Court of Appeals for the Eleventh Circuit.
Jan 11, 2010.
593 F.3d 1199
2010 U.S. App. LEXIS 542
2010 WL 59127
Daniel L. McCleave (Court-Appointed), McCleave, Denson, Shields, LLC, Mobile, AL, for White., Richard H. Loftin, Steven E. Butler, Mobile, AL, for U.S., Laura Moranchek Hussain, Wilmer, Cutler, Pickering, Hale & Dorr, LLP, Washington, DC, for Amici Curiae.
Dubina, Birch, Siler.
Cited by 98 opinions  |  Published
SILER, Circuit Judge:

INTRODUCTION

Ludivic White, Jr., appeals his conviction for possession of a firearm by a person convicted of a misdemeanor crime of domestic violence, in violation of 18 U.S.C. § 922(g)(9). For the following reasons, we affirm.

[*1201] I.

At around 2:00 a.m. on April 21, 2007, Police Officers Brad Latham and Otha Lee Hargrove received a complaint about loud music coming from a vehicle parked in a high-crime area of Mobile, Alabama. Upon arriving at the scene, the officers saw a vehicle that matched dispatch’s description. As Officer Hargrove drove by the vehicle with his windows partially open, he smelled a “strong” odor of marijuana and heard music emanating from the car. The vehicle contained four occupants: two females in the front seat and two males in the back seat.

Latham approached the driver and asked for identification, which she was unable to provide. The officers then questioned the occupants about whether they had been smoking marijuana. The occupants denied possessing or using any drugs. Latham asked the driver to exit the vehicle and requested her name and social security number to perform a background check. Latham then requested that White step out of the car. Shortly thereafter, Hargrove, who was busy performing a background check on the other male passenger, heard Latham say “gun,” at which point he saw Latham remove a black handgun from White’s person. The officers arrested White after he failed to produce a permit for the pistol. No drugs were found in the car. Latham filed two police reports detailing the incident, neither of which mentioned the smell of marijuana. Hargrove did not file any written reports.

White was indicted for possession of a firearm by a person convicted of a misdemeanor crime of domestic violence, in violation of 18 U.S.C. § 922(g)(9). Before trial, he filed a motion to suppress the firearm found on his person during the search, arguing that the officers had violated his Fourth Amendment rights. Hargrove testified to the facts stated above at the suppression hearing. On the motion to suppress, the court found that he was a credible witness, and it held that the smell of marijuana gave the officers reasonable suspicion to detain and question the passengers and to pat them down for officer safety.

Both officers testified at trial. Hargrove’s testimony remained the same. Latham stated that he responded to a loud noise complaint; when he arrived on the scene, a car matching the description in the complaint contained four occupants and only the dome light was on; and the occupants, when questioned, could not produce identification. He stated that he and Hargrove asked all the occupants if there were any weapons or illegal items in the vehicle, to which each responded in the negative. After recognizing White as having “given [him] problems in the past to where [sic] I stopped him before,” he “patted him down for weapons ... for officer safety,” which was “standard [department] practice.” As he was patting White down, he noticed the gun’s magazine protruding from White’s pocket. He could not remember whether there had been any music playing in the car, although he testified that if there had been, it was not loud. He stated that his report had not mentioned marijuana, because he had not smelled any.

Marcus Carothers and Tequila Ward Prince, two of the occupants of the car, later testified that they had been smoking marijuana prior to the stop. They stated that they had not been playing loud music, and that they believed that the loud noise complaint had been filed by a disgruntled neighbor. They were unsure whether the smell of marijuana had lingered in the air, but they estimated that they had ceased smoking marijuana between five to twenty minutes before the officers arrived.

[*1202] To prove the predicate offense, the government offered a certified copy of White’s previous misdemeanor conviction for domestic violence, which stated that he was convicted on January 11, 2005, of domestic violence in the third degree, harassment, in violation of Alabama Code §§ 13A-11-8A and 13A-6-132. [1] According to his conviction, on June 22, 2003, he tried to choke his then live-in girlfriend. The district court overruled his objection that this conviction did not qualify as a predicate offense under 18 U.S.C. § 922(g)(9).

After the government rested, White moved for a judgment of acquittal and renewed his motion to suppress the gun. The district court denied both motions. The jury found White guilty, and he was sentenced to forty-six months’ imprisonment. The trial court also denied his subsequent motion to dismiss based upon District of Columbia v. Heller, — U.S. -, 128 S.Ct. 2783, 171 L.Ed.2d 637 (2008). White now appeals pursuant to 28 U.S.C. § 1291.

II.

A.

1.

White first contests the district court’s denial of his motion to suppress the gun found during the pat-down search. “Rulings on motions to suppress evidence constitute mixed questions of law and fact.” United States v. LeCroy, 441 F.3d 914, 925 (11th Cir.2006). We accept the district court’s findings of fact, including the district court’s credibility determinations, unless they are clearly erroneous. United States v. Ramirez-Chilel, 289 F.3d 744, 749 (11th Cir.2002). We review the application of law to those facts de novo. LeCroy, 441 F.3d at 925. Because the pat-down search to preserve officer safety was not unreasonable given the totality of the circumstances, we affirm the district court’s denial of the motion to suppress.

£

“Our analysis [of the legality of the pat-down search] is governed by the principles of Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968), under which the police may stop and briefly detain a person to investigate a reasonable suspicion that he is involved in criminal activity, even though probable cause is lacking.” United States v. Williams, 876 F.2d 1521, 1523 (11th Cir.1989). To justify a Terry stop, the officers must “have a reasonable, articulable suspicion based on objective facts that the person has engaged in, or is about to engage in, criminal activity.” United States v. Lindsey, 482 F.3d 1285, 1290 (11th Cir.2007) (quoting United States v. Powell, 222 F.3d 913, 917 (11th Cir.2000)), cert. denied 552 U.S. 974, 128 S.Ct. 438, 169 L.Ed.2d 305 (2007). In connection with a Terry stop, an officer may conduct a pat-down search if he has reason to believe that his own safety or the safety of others is at risk. Terry, 392 U.S. at 27, 88 S.Ct. at 1883. “The officer need not be absolutely certain that the individual is armed; the issue is whether a reasonably prudent man in the circumstances would be warranted in the belief that his[*1203] safety or that of others was in danger.” Id. (emphasis added).

The district court found that (1) Hargrove was credible, and (2) he smelled marijuana. We “must accept [these factual findings] unless [they are] so inconsistent or improbable on [their] face that no reasonable factfinder could accept [them].” Ramirez-Chilel, 289 F.3d at 749. Also, we must construe the facts in the light most favorable to the party that prevailed below (here, the government). United States v. Nunez, 455 F.3d 1223, 1225 (11th Cir.2006). White focuses on the inconsistencies in the officers’ testimony—namely, that Hargrove remembered the marijuana smell, while Latham did not recollect it. However, it is not inconceivable that two busy police officers testifying about an incident that occurred over a year prior remembered the existence of the smell of marijuana differently. It is also not unbelievable that the district court found that Hargrove’s testimony about the marijuana smell was credible.

Accepting these findings of fact, we hold that both the brief detention of the vehicle and its occupants and the limited pat-down of White were reasonable. “Reasonable suspicion is determined from the totality of the circumstances, and from the collective knowledge of all the officers involved in the stop.” Williams, 876 F.2d at 1524 (citing United States v. Cotton, 721 F.2d 350 (11th Cir.1983)); see also United States v. Arvizu, 534 U.S. 266, 273, 122 S.Ct. 744, 750, 151 L.Ed.2d 740 (2002) (upholding detention when the totality of the circumstances created reasonable suspicion). Given that the smell of marijuana alone may provide a basis for reasonable suspicion for further investigation of possible criminal conduct, the initial stop was valid. Bryan v. Spillman, 217 Fed.Appx. 882, 885 (11th Cir.2007) (citing United States v. Garcia, 592 F.2d at 259 (5th Cir.1979) (holding that smell of marijuana emanating from vehicle established reasonable suspicion for search)). Additionally, even without considering Hargrove’s testimony regarding marijuana, the totality of the circumstances indicates that the pat-down was reasonable. [2] “[T]he issue is whether a reasonably prudent man in the circumstances would be warranted in the belief that his safety or that of others was in danger.” Terry, 392 U.S. at 27, 88 S.Ct. at 1883 (emphasis added). Here, several factors support the objective reasonableness of the search: Latham responded to a loud music complaint in a high-crime area late at night, see United States v. Gordon, 231 F.3d 750, 755-56 (11th Cir.2000) (noting an area’s reputation for criminal activity is a factor that may be considered when determining whether reasonable suspicion exists.); the officers were outnumbered two-to-one; none of the occupants could provide identification; and Latham recognized Wfiiite as someone who had given him trouble in the past. For these reasons, the limited pat-down search of White did not violate the Fourth Amendment, and we affirm the district court’s denial of White’s motion to suppress the gun.

B.

1.

White next argues that the district court erroneously denied his motion for a judgment of acquittal based on its conclusion that his previous domestic violence conviction was a predicate offense for purposes of § 922(g)(9). We review de novo a district court’s denial of a motion for a[*1204] judgment of acquittal on sufficiency of evidence grounds. United States v. Yates, 438 F.3d 1307, 1311-12 (11th Cir.2006) (en banc). We affirm the district court’s decision, because White’s underlying domestic violence offense is a predicate offense for purposes of § 922(g).

2.

Section 922(g)(9) makes it illegal for a person “convicted in any court of a misdemeanor crime of domestic violence” to possess “any firearm or ammunition” that has been in or affects interstate commerce. Section 921(a)(33)(A) defines a “misdemeanor crime of violence” as an offense that “(1) has, as an element, the use [of force], [3] and (2) is committed by a person who has a specified domestic relationship with the victim.” United States v. Hayes, - U.S. -, 129 S.Ct. 1079, 1087, 172 L.Ed.2d 816 (2009) (alteration in original).

While the government must establish that the underlying offense was committed against a person with a specified domestic relationship beyond a reasonable doubt, § 922(g)(9) does not require the predicate offense to have the specified domestic relationship as an element. Id. at 1082-83. Accord United States v. Chavez, 204 F.3d 1305, 1313-14 (11th Cir.2000) (holding that while the domestic nature of the relationship must be a fact, it need not be an element of the prior offense); United States v. Griffith, 455 F.3d 1339, 1346 (11th Cir.2006) (“Therefore, as we held in Chavez, a domestic relationship must exist as part of the facts giving rise to the prior offense, but it need not be an element of that offense.”).

To meet the definition of a “misdemeanor crime of domestic violence,” the offense must be committed by (1) “a current or former spouse,” (2) “a person with whom the victim shares a child in common,” (3) “a person who is cohabiting with or has cohabited with the victim as a spouse, parent, or guardian,” or (4) “by a person similarly situated to a spouse, parent, or guardian of the victim.” § 921(a)(33)(a)(ii). At trial the government introduced a certified copy of the underlying conviction, which contained identical addresses of both the victim and White. In addition, White was convicted in a “domestic dispute” during which he pushed his girlfriend down and then tried to choke her. Finally, White concedes that a live-in girlfriend would meet the domestic relationship requirement of § 921(a)(33)(a). The victim was in a specified domestic relationship with White: she lived with him, was his “girlfriend,” and the dispute was a “domestic” one. Several of our sister circuits have held that a “ ‘live-in’ girlfriend qualifies as a domestic relationship for purposes of [§§ 922 and 921(a)(33)(a)].” Buster v. United States, 447 F.3d 1130, 1133 (8th Cir.2006). See also United States v. Shelton, 325 F.3d 553, 563 (5th Cir.2003) (holding defendant’s admission that he lived with his girlfriend was sufficient to qualify the relationship under §§ 922 and 921(a)(33)(a)); United States v. Denis, 297 F.3d 25, 31 (1st Cir.2002) (assuming defendant’s “ ‘live-in girlfriend’ ” was similarly situated for purposes of §§ 922 and 921(a)(33)(a)). Viewing, as we must, the evidence in the light most favorable to the government, United States v. Garcia, 405 F.3d 1260, 1269 (11th Cir.2005), there is sufficient evidence to[*1205] show that a “domestic relationship ... existed] as part of the facts giving rise to the prior offense” and that the trier of fact could have so found beyond a reasonable doubt. Griffith, 455 F.3d at 1346. Therefore, the district court did not err in determining that White’s previous domestic violence conviction was a predicate offense for purposes of § 922(g).

C.

1.

White’s last argument on appeal focuses on the constitutionality of § 922(g)(9). “We review de novo the legal question of whether a statute is constitutional.” United States v. Tinoco, 304 F.3d 1088, 1099 (11th Cir.2002) (citation omitted). Under our interpretation of Heller, 128 S.Ct. at 2783, we affirm his conviction.

2.

Although prior to Heller we upheld the constitutionality of § 922(g)(9), our decision did not rest on Second Amendment grounds. See Hiley v. Barrett, 155 F.3d 1276 (11th Cir.1998) (affirming the district court’s decision upholding § 922(g)(9)’s constitutionality against commerce clause, equal protection, substantive due process, ex post facto, bill of attainder, and Tenth Amendment attacks). Today we limit our holding to deciding whether § 922(g)(9) may be properly included as a presumptively lawful “longstanding prohibition[ ] on the possession of firearms,” a category of prohibitions the Supreme Court has implied survives Second Amendment scrutiny. Heller, 128 S.Ct. at 2816-17.

The Second Amendment provides as follows: “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.” U.S. Const, amend. II. Last year, in Heller, the Supreme Court interpreted this language to “guarantee [an] individual right to possess and carry weapons in case of confrontation.” 128 S.Ct. at 2797. In Heller, the Court held that the District of Columbia’s ban on handgun possession in the home by law-abiding citizens violated the Second Amendment. Id. In dictum, the Court qualified the right to bear arms: “[l]ike most rights, [it] is not unlimited.” Id. at 2816. “[N]othing in [Heller] should be taken to cast doubt on longstanding prohibitions on the possession of firearms by felons and the mentally ill, or laws forbidding the carrying of firearms in sensitive places such as schools and government buildings .... ” Id. at 2816-17. While the Court did not specifically mention § 922(g)(9), it included a footnote to clarify that the enumerated “presumptively lawful regulatory measures [are] only examples; [this] list does not purport to be exhaustive.” Id. at 2817 n. 26.

We are called upon to decide whether the statutory prohibition against the possession of firearms by persons convicted of the misdemeanor crime of domestic violence, § 922(g)(9), warrants inclusion on Heller’s list of presumptively lawful longstanding prohibitions. As the Supreme Court recently noted, § 922(g)(9) was passed in 1996 in response to Congress’s concern that “[e]xisting felon-in-possession laws... were not keeping firearms out of the hands of domestic abusers, because ‘many people who engage in serious spousal or child abuse ultimately are not charged with or convicted of felonies.’ ” Hayes, 129 S.Ct. at 1087 (quoting 142 Cong. Rec. 22985 (1996) (statement of Sen. Lautenberg)). Section 922(g)(9) was designed to “ ‘close this dangerous loophole.’ ” Id. By way of example, the federal ban on felons-in-possession in § 922(g)(1)—a statute characterized in the Heller dictum as a presumptively lawful[*1206] longstanding prohibition—does not distinguish between the violent and non-violent offender. Thus, both an armed robber and tax evader lose their right to bear arms on conviction under § 922(g)(1). In contrast, a person convicted under § 922(g)(9) must have first acted violently toward a family member or domestic partner, a predicate demonstrated by his conviction for a misdemeanor crime of violence. Thus, although passed relatively recently, § 922(g)(9) addresses the thorny problem of domestic violence, a problem Congress recognized was not remedied by “longstanding” felon-in-possession laws. We see no reason to exclude § 922(g)(9) from the list of longstanding prohibitions on which Heller does not cast doubt. See In re United States, 578 F.3d 1195 (10th Cir. 2009) (order) (“Nothing suggests that the Heller dictum, which we must follow, is not inclusive of § 922(g)(9) involving those convicted of misdemeanor domestic violence.”).

We now explicitly hold that § 922(g)(9) is a presumptively lawful “longstanding prohibition! ] on the possession of firearms.” Heller, 128 S.Ct. at 2816-17. Given that Heller does not cast doubt on the constitutionality of § 922(g)(9), we affirm White’s conviction.

AFFIRMED.

1

. Under Alabama Code § 13A-6-8A, harassment occurs "if, with intent to harass, annoy, or alarm another person, [he] ... [s]trikes, shoves, kicks, or otherwise touches a person or subjects [him] to physical contact ... [or][d]irects abusive or obscene language or makes an obscene gesture towards another person.” Id. A person commits domestic violence in the third degree if he commits the crime of harassment under § 13A-6-8A and "the victim is a current or former spouse, parent, child, any person with whom the defendant has a child in common, a present or former household member, or a person who has or had a dating or engagement relationship with the defendant.” § 13A-6-132.

2

. Thus, we decline to reach the question of whether the smell of marijuana, which Latham failed to articulate but the district court held was present, can be considered in determining the legality of the pat-down search.

3

. White does not argue that the Alabama statute does not contain the use of physical force as an element of the offense. Consequently, he has abandoned this argument on appeal. See United States v. Cunningham, 161 F.3d 1343, 1344 (11th Cir.1998) ("Because [defendant] has offered no argument on [an] issue on appeal, we find that he has abandoned it.”).