GRIFFIN, Circuit Judge.
Defendant Rudolph Jackson conditionally pled guilty to the charge of being a felon in possession of a firearm and ammunition in violation of 18 U.S.C. § 922(g)(1), reserving the right to appeal the district court's denial of his motion to suppress the firearm discovered in the vehicle he was driving. On appeal, he challenges the legality of the traffic stop and inventory search of the vehicle that led to his arrest. For the reasons that follow, we affirm.
During a roll call meeting on the afternoon of August 17, 2010, supervisors at the
As Officer Meech approached the vehicle, the driver, later identified as defendant Jackson, opened his door. Officer Meech saw that Jackson and his passenger, Kenard Gay, were each holding open, partially consumed bottles of Heineken beer as they sat in the vehicle. Officer Meech asked Jackson whether he had a valid driver's license. Jackson responded that he did not.
Officer Meech testified at the suppression hearing that once he saw Jackson sitting in the SUV, he realized that neither Jackson nor the vehicle had any connection with the incident that precipitated the BOLO alert. The vehicle was a dark blue and yellow GMC Yukon, an SUV very similar in style and design to the Chevy Tahoe.
Officer Meech determined that in accordance with APD's Vehicle Impoundment and Inventory Procedure Policy ("the APD Policy"), the Yukon would have to be towed from the scene because it was illegally parked in the driveway of a residence with no discernible connection to either Jackson or Gay,
Before releasing the vehicle to the towing company, Officer Meech performed an on-site inventory search of the interior and exterior of the Yukon, pursuant to the APD Policy. Inside the vehicle was a six-pack of Heineken beer with two opened bottles. While checking under the driver's seat, Officer Meech noticed that "part of the carpet on the floor board had been ripped up and just appeared to be like
Officer Meech testified that there were no nails or fasteners to remove from this area, and in the process of lifting the carpet, he did not damage it in any way. He "simply checked under [the carpet]" by lifting the loose flap and discovered the loaded firearm. When asked about the gun, Jackson claimed that he did not know it was in the vehicle, stating that he had just purchased the car a couple of weeks ago. Officer Meech informed Jackson that the firearm would be tested for fingerprints and asked him if his fingerprints would be found on it, to which Jackson replied, "they might be." After Jackson's arrest, Officer Meech issued him a traffic citation for driving with a suspended license and failure to use a turn signal.
As a result of the traffic stop and discovery of the firearm, Jackson was indicted in federal district court on one count of being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1). Before trial, he moved to suppress the firearm, arguing that the traffic stop and inventory search were illegal. The district court conducted an evidentiary hearing, at which Officer Meech was the lone witness. The court found that because there was no indication in the record that the BOLO information came from a credible source, it would not rely upon Officer Meech's suspicion of criminal activity as a lawful basis for the stop. The district court held, however, that the traffic violation of failure to signal, albeit "a minor one," provided an independent basis to justify the stop. The court also determined that there were three legitimate grounds for Jackson's arrest — the open container violation, driving with a suspended license, and the outstanding arrest warrant. The court further found that it was necessary for the APD to tow the Yukon because Jackson and Gay had suspended licenses and had consumed alcohol, and because the Yukon was illegally parked in someone else's driveway. Finally, the court held that Officer Meech's inventory search did not exceed the bounds of a reasonable search under the Fourth Amendment. It therefore denied Jackson's motion to suppress.
Jackson subsequently pled guilty to the charge but reserved his right to appeal the denial of his suppression motion. The district court imposed a below-Guidelines sentence of forty-eight months of imprisonment, followed by three years of supervised release. Jackson timely appeals, challenging the district court's decision denying his motion to suppress.
When reviewing the district court's ruling on a motion to suppress, we review findings of fact for clear error and legal conclusions de novo. United States v. Tackett, 486 F.3d 230, 232 (6th Cir.2007). "When the district court has denied the motion to suppress, we review all evidence in a light most favorable to the Government."
Jackson first challenges the legality of the traffic stop, arguing that the stop was in reality based upon Officer Meech's unreasonable suspicion, originating from the unreliable BOLO alert, that he was involved in criminal activity. We disagree.
"An ordinary traffic stop by a police officer is a `seizure' within the meaning of the Fourth Amendment. Accordingly, any evidence seized during an illegal traffic stop must be suppressed as fruits of the poisonous tree." United States v. Blair, 524 F.3d 740, 748 (6th Cir.2008) (citations and internal quotation marks omitted). It is well established that a police officer lawfully may stop a car when he has probable cause to believe that a civil traffic violation has occurred, or reasonable suspicion of an ongoing crime. Id. at 748; see also United States v. Street, 614 F.3d 228, 232 (6th Cir.2010) ("[T]here is nothing unreasonable about stopping a vehicle whose driver has just committed a traffic violation.") (citing Whren v. United States, 517 U.S. 806, 810, 116 S.Ct. 1769, 135 L.Ed.2d 89 (1996)). The fact that a traffic violation is not an arrestable offense does not divest the police of authority to stop the vehicle. Street, 614 F.3d at 232 (upholding the legality of a traffic stop made for a seatbelt violation); United States v. Anderson, 458 Fed.Appx. 440, 442 (6th Cir.2012) (holding that a license-plate violation provided probable cause to make a traffic stop).
A driver's failure to use a turn signal provides probable cause to justify a traffic stop irrespective of the officer's subjective intent. See Whren, 517 U.S. at 819, 116 S.Ct. 1769 (holding that vehicle was properly stopped for, inter alia, failure to signal in violation of a District of Columbia traffic code); United States v. Ware, 465 Fed.Appx. 487, 493 (6th Cir.2012) (unpublished) ("[T]he district court determined that the detectives had probable cause to stop the car when Ware committed a traffic violation by turning right without using a turn signal. Because probable cause existed for the traffic stop, the district court correctly held that the officers' subjective or pretextual motivation for making the stop was not relevant under Whren [.]"); United States v. Miller, 413 Fed. Appx. 841, 843 (6th Cir.2011) ("[E]ven if [the officer] used the failure to signal as a pretext to initiate a traffic stop of an otherwise-suspicious vehicle, this fact does not undermine the probable cause that existed to make the stop if [the defendant] failed to signal his turn."); United States v. Akram, 165 F.3d 452, 455 (6th Cir.1999) ("[The officer] had probable cause to stop the truck because it failed to signal before changing lanes, in violation of Ohio law.").
Here, as the district court properly held, regardless of whether Officer Meech had reasonable suspicion to stop Jackson's vehicle based on its similarity to the BOLO suspect's vehicle, the traffic stop was nonetheless constitutional because Officer Meech observed Jackson making a left turn without activating his turn signal, in violation of Ohio law and Akron ordinances. See O.R.C. § 4511.39(A); Akron, OH, Code of Ordinances, title VII, ch. 72, art. 1, § 72.15. Jackson's Fourth Amendment rights were not implicated by Officer Meech's decision to follow the Yukon because it matched the BOLO description. Officer Meech did not effectuate a seizure until he activated the lights and siren of the patrol car, which did not occur until after Jackson made the illegal left turn into the driveway. At that point, Meech had an adequate legal basis to detain Jackson to investigate the infraction. United States v. Hill, 195 F.3d 258, 269 (6th Cir.1999). The district court
To the extent Jackson challenges his arrest, his argument is meritless. He contends that once Officer Meech realized that he was not the BOLO suspect, the traffic stop should have ended. However, he admits that Officer Meech's observation of him with an open container of beer in hand "complicates matters." This is an understatement. There existed not one, but three, independent bases to arrest Jackson: his possession of an opened alcoholic beverage while operating a motor vehicle, in violation of O.R.C. § 4301.62(B)(4); his driving with a suspended license; and the existence of an active warrant for his arrest. See, e.g., United States v. Murphy, 278 Fed.Appx. 577, 581 (6th Cir.2008) ("[The deputy] ... had probable cause to arrest [the defendant], having discovered after the lawful stop of the vehicle that [the defendant] smelled of alcohol, had an open container of alcohol in plain view on the truck's console and more beer in a sack inside the truck, and had neither a valid driver's license nor insurance."); United States v. Black, 240 Fed.Appx. 95, 101-02 (6th Cir. 2007) ("The officers ... had probable cause to arrest [the defendant] for driving while intoxicated, possessing an open alcoholic beverage container in an automobile, and driving with a suspended license.").
Jackson further contends that Officer Meech's decision to tow the vehicle from the scene was unreasonable under the circumstances. He points out that (1) the APD Policy informs officers that "having the authority to tow does not mean having the need to tow," (2) in some circumstances, the Policy allows improperly licensed drivers to drive away in their vehicles after receiving a citation, and (3) the Akron Code of Ordinances allows a vehicle to remain on private property with permission of the property owner. (Akron Code of Ord. § 70.50(B), at A-9). Jackson maintains that Officer Meech failed to follow the ordinance and APD Policy by ordering that the Yukon be towed without first contacting the Rhodes Avenue homeowner or the owner of the Yukon (Jackson's fiancée). However, we rejected a similar argument in United States v. Kimes, 246 F.3d 800 (6th Cir.2001), stating:
Id. at 805. See also United States v. Pryor, 174 Fed.Appx. 317, 320 (6th Cir. 2006) (holding that the impoundment of the defendant's vehicle was valid under standard police procedure where the car was parked on private property at an apartment complex, the defendant did not live there, he could not obtain permission from the property owner because the manager's office was closed, and he could not turn the keys over to his wife because she
Jackson and Gay were not lawful drivers, and neither man had a known connection to the owners of the private residence at 83 Rhodes Avenue, leaving no reasonable alternative but to tow the Yukon. Officer Meech's action conformed to the APD Policy, which provides that "[t]he owner may allow a properly licensed driver to drive or secure his vehicle in a legal parking spot.... If this is not possible, the officer should tow if the operator has ... [a] suspended license, properly verified by the officer." (Emphasis added.) In addition, the Akron Code of Ordinances provides that police officers are authorized to remove and impound a vehicle when any vehicle "is left on private property without the permission of the person having the right to the possession of the property," or "is left unattended due to the removal of an ill, injured or arrested operator," or "has been operated by any person who is driving without a lawful license or while his license has been suspended or revoked." Akron Code of Ord. § 70.50(B), (G), and (I). As the district court recognized, it was simply not an option to allow Jackson or Gay to drive the vehicle from the scene.
Next, Jackson argues that Officer Meech's inventory search was unconstitutional. Jackson seeks to distinguish a vehicle's floor carpeting from a glove compartment, container, or floor mat, arguing that it is a fixture that is out of the bounds of a reasonable inventory search. He contends that the mere fact that an older vehicle may have worn or damaged carpeting — particularly in an area with above-normal wear and tear — does not justify exploration under the carpet. The search, however, in these particular circumstances did not violate the Fourth Amendment.
It is settled law that the police may conduct an inventory search of an automobile that is being impounded without running afoul of the Fourth Amendment. United States v. Smith, 510 F.3d 641, 650 (6th Cir.2007). "In order to be deemed valid, an inventory search may not be undertaken for purposes of investigation, and it must be conducted according to standard police procedures." Id. at 651 (citation and internal quotation marks omitted). A general written inventory policy does not grant officers carte blanche when conducting a search; rather, it must be sufficiently tailored to only produce an inventory. Tackett, 486 F.3d at 232. Thus, "[i]n conducting an inventory search, officers do not enjoy their accustomed discretion; they simply follow the applicable policy." Id. "Nonetheless, officers may exercise some judgment based on concerns related to the purposes of an inventory search; for example, they may decide to open particular containers if they cannot determine the contents." Id. (citation and internal quotation marks omitted). "When a legitimate search is underway, and when its purpose and its limits have been precisely defined, nice distinctions between closets, drawers, and containers, in the case of a home, or between glove compartments, upholstered seats, trunks, and wrapped packages, in the case of a vehicle, must give way to the interest in the prompt and efficient completion of the task at hand." Colorado v. Bertine, 479 U.S. 367, 375, 107 S.Ct. 738, 93 L.Ed.2d 739 (1987) (citation and internal quotation marks omitted).
Officer Meech's testimony at the suppression hearing establishes that he acted within the parameters of the APD Policy, which provides that an inventory search shall be conducted in the following manner:
The Policy clearly authorizes a search of "all interior ... areas." If Officer Meech had "ripped up" the carpet, as Jackson asserts, his actions might give us pause. However, that did not occur in this case. Officer Meech testified that the carpet was already "ripped up" — the very feature that drew his attention to it. He was clear in his testimony that he simply lifted the already loose flap of carpet that appeared to have been tampered with, based on his reasonable belief that it might be concealing a hiding place for items. The district court credited his testimony and further noted that Officer Meech did not search under all of the vehicle's carpeting, but just the portion that appeared to have been disturbed. The district court did not err in concluding that the inventory search was constitutional.
In United States v. Edwards, 577 F.2d 883 (5th Cir.1978), the Fifth Circuit Court of Appeals affirmed the constitutionality of an inventory search involving nearly identical circumstances:
Id. at 894.
The Fifth Circuit emphasized that "we do not in any way condone searching under the carpeting in every case, much less the ripping apart of an automobile, or any part thereof, under the guise of an inventory search. The intrusion in each case must be limited in scope to the private and public interests which underlie the inventory." Id. at 895. We agree with the court's view that "in conducting an inventory search pursuant to standard police practice, an officer may search those places within an automobile where, under the facts of the particular case, he can reasonably conclude that personal property may be located." Id. And, as in Edwards, Officer Meech's inventory search was conducted consistent with Jackson's
For the reasons set forth above, we affirm the judgment of the district court.