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United States v. Wayne Gunther, JR., 4th Cir. (2012)
United States v. Wayne Gunther, JR., 4th Cir. (2012)
United States v. Wayne Gunther, JR., 4th Cir. (2012)
No. 11-5205
Appeal from the United States District Court for the District of
Maryland, at Baltimore.
Catherine C. Blake, District Judge.
(1:09-cr-00099-CCB-1)
Submitted:
Decided:
PER CURIAM:
Following a jury trial, Wayne Bernard Gunther, Jr. was
convicted of two counts of possession with intent to distribute
500 grams or more of cocaine, 21 U.S.C. 841(a)(1), in the
United States District Court for the District of Maryland.
was
sentenced
to
concurrent
terms
of
seventy-five
He
months
imprisonment.
On appeal, Gunther first contends that the district
court erred when it denied his motion to suppress.
[W]e review
the district courts factual findings for clear error and its
legal conclusions de novo.
While
seams.
of
the
Cadillac
automobile,
during
which
Detective
Lynn
January
31,
2006,
Detective
Sutton
conducted
the
Cadillac
automobile
stopped
by
Detective
Lynn
on
Manor
individual,
Road
later
in
the
found
to
course
be
of
which
Gunther,
he
exit
observed
the
an
building
Gunther dropped
the white trash bag in a dumpster and carried the gold gift bag
to a Toyota automobile, which Gunther entered and drove away.
3
The
Toyota
automobile
was
found
to
be
registered
to
Miesha
seat
violation.
belt,
Thus,
he
Officer
did
not
Miller
personally
did
not
observe
stop
the
that
Toyota
Instead, Officer
his
being
approached
drivers
license
by
but
4
Officer
was
unable
Miller,
to
Gunther
locate
the
was
permitted
to
use
cell
phone
to
call
his
After a minute
Miller
to
returned
computerized
traffic
record
stop.
his
patrol
checks
According
that
to
car
to
are
routinely
Officer
conduct
Miller,
the
made
it
several
during
took
between
checks,
after
which
he
prepared
two
traffic
warning
Officer
Miller
was
occupied
with
the
traffic
Scott
Griffin,
Detective
Sutton
returned
to
7905
Valley Manor Road to search the dumpster into which Gunther had
dropped the white trash bag.
of
his
automobile
to
Detective
person
be
Griffin,
but
had
declined
searched.
Gunther
During
stated
5
that
to
his
he
allow
the
Toyota
conversation
came
from
up
with
the
(J.A. 283).
During this exchange, Gunther would not provide the address from
which he was traveling.
became
visibly
nervous
when
Detective
Griffins
questions
Officer
Miller
was
still
in
his
patrol
car
to the passenger door adjacent to the gold gift bag on the front
seat.
It was
During a search
ongoing
investigation.
Consequently,
the
district
court
In the
p.m.,
the
continued
detention
from
that
point
on
was
p.m.
time
fourteen
frame,
to
there
nineteen
was
an
minutes
for
extension
which
of
approximately
additional
reasonable
In
routine
investigative
traffic
detention
stop
than
is
custodial
more
like
arrest,
an
its
Ortiz, 660 F.3d 757, 764 (4th Cir. 2011) (internal quotation
marks omitted).
conditions
of
an
investigative
seizure.
Id.
(internal
traffic
law,
the
officers
8
decision
to
stop
the
suspects
car
is
reasonable
under
the
Fourth
Amendment,
the
second
diligently
inquiry,
we
pursue[d]
must
the
consider
whether
investigation
of
In
the
the
and
citation.
registration,
run
computer
check,
and
issue
matters,
as
long
as
doing
so
of
course
justification.
the
of
traffic
stop
measurably
seeks
and
investigation
embark[]
absent
on
another
additional
not
prosecution
sustained
does
to
prolong
traffic
stop
to
allow
for
he
must
possess
criminal activity.
reasonable
suspicion
of
additional
While
there
is
no
precise
articulation
of
what
omitted),
police
officer
must
offer
specific
and
Id.
omitted).
at
337
(citation
and
internal
quotation
marks
identify
of
factors
which
are
individually
quite
suspicion
of
criminal
activity.
Id.
at
33637
initial
seriously in dispute.
enforcement
officers
stop
of
the
Toyota
automobile
is
not
prolonged
the
traffic
stop.
scope
of
the
initial
stop,
he
must
possess
reasonable
omitted).
to
location,
conceal
and
location.
the
an
envelope
later
bearing
surveillance
of
the
address
of
the
that
vehicle
at
the
the short extension of the stop to 9:31 p.m. to dispel the law
enforcement
officers
suspicions.
Moreover,
once
Detective
Sutton found the evidence in the white trash bag in the dumpster
and relayed his findings to the law enforcement officers at the
scene of the traffic stop, a further detention of Gunther was
permitted.
In
sum,
we
hold
there
was
no
Fourth
Amendment
indictment,
the
government
11
violated
his
Fifth
Amendment
accused.
United
States
v.
Marion,
404
U.S.
307,
324
defendant
show
actual
prejudice,
as
opposed
to
mere
that
the
disposition
likely affected.
of
the
criminal
proceeding
was
Gunther
claims
that
actual
prejudice
is
present
According
therefore
unable
to
prove
that,
because
the
Toyota
wearing
seat
belt
at
the
time
he
was
stopped.
However,
whether the Toyota automobile could have been produced did not
actually prejudice Gunthers case because he was stopped for
speeding and not a seat belt violation.
Alternatively,
prejudiced
because,
testimony
concerning
Gunther
but
for
claims
the
Gunthers
that
delay,
travel
he
was
Detective
plans
would
actually
Griffins
have
been
by
this
officers
alleged
faded
memory,
Detective
Accordingly, we
contentions
the
court
are
adequately
and
argument
presented
would
not
in
aid
the
the
materials
decisional
process.
AFFIRMED
13