United States v. Gaffney, No. 14-2100 (8th Cir. 2015)
Annotate this CaseOfficer Bovy was stopped at a red light and saw Gaffney’s vehicle approaching from the opposite direction. As the light changed to green, the vehicle, without slowing, moved through the intersection. Bovy made a u-turn to follow it. Gaffney braked hard and made a right turn. Bovy turned on his lights. The vehicle stopped. Bovy said he estimated Gaffney was driving 50 to 55 mph in a 35 mph zone. While Gaffney was looking for an insurance card, dispatch told Bovy that Gaffney had a narcotics history. Bovy noticed Gaffney appeared nervous with beads of sweat, shaking, and heavy breathing. Gaffney stated that he had no drugs or weapons, but declined permission to search his vehicle. Bovy ordered him to exit the vehicle to prepare for a dog sniff (the dog was in his car). Conducting a pat-down search, Bovy detected a long round object with a bulb on the end--a meth pipe. Bovy had the vehicle towed. An inventory search disclosed four pounds of ice meth. At a suppression hearing, Bovy testified he received training in identifying speed 11 years earlier; his estimate of 50-55 mph was based on his general experience. Gaffney presented evidence that his vehicle traveled about 473 feet in nine seconds, an average speed of 35.8 miles per hour. The court denied the motion. The Eight Circuit affirmed. Based on the totality of the facts, corroborated by Gaffney’s admission and the investigator’s measurement, Bovy’s belief that Gaffney was speeding was objectively reasonable.
Court Description: Benton, Author, with Beam and Bye, Circuit Judges] Criminal case - Criminal case. Under the totality of the circumstances,the district correctly concluded that the arresting officer's belief that defendant was speeding was objectively reasonable and provided grounds for the traffic stop; given the circumstances - a late night traffic stop in a high-crime area, defendant's prior narcotics conviction and his extreme nervousness - a pat-down search was supported by reasonable suspicion that defendant could be armed and criminal activity was afoot. Judge Bye, dissenting.
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