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[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
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No. 19-13678
Non-Argument Calendar
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D.C. Docket No. 2:17-cr-00028-RWS-JCF-1
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
DEONTAE C. THOMAS,
Defendant-Appellant.
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Appeal from the United States District Court
for the Northern District of Georgia
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(July 7, 2020)
Before JORDAN, NEWSOM, and GRANT, Circuit Judges.
PER CURIAM:
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Deontae Thomas appeals his convictions for possession of heroin with intent
to distribute, in violation of 21 U.S.C. § 841(a) and (b)(1)(C), possession of
methamphetamine with intent to distribute, in violation of 21 U.S.C. § 841(a) and
(b)(1)(B)(viii), and possession of a firearm in furtherance of a drug-trafficking
crime, in violation of 18 U.S.C. § 924(c)(1)(A)(i). On appeal, Thomas argues that
the district court should have suppressed evidence from the traffic stop that led to
the discovery of the drugs and the firearm because it was unconstitutionally
prolonged. After careful review, we affirm.
I.
On December 2, 2016, Brandon Holcomb, a deputy with the Habersham
County Sheriff’s Office, observed a vehicle speeding, failing to maintain its lane,
and changing lanes without signaling. Suspecting that the driver was under the
influence of alcohol or drugs, he initiated a traffic stop.
When the vehicle stopped, the deputy approached the driver, Deontae
Thomas. The deputy asked for Thomas’s driver’s license, explained the reason for
the stop, and began assessing the driver for signs of impairment. He did not smell
alcohol or marijuana. As a part of this assessment, the deputy asked Thomas
where he was headed. Thomas gave a series of confusing answers. He initially
said that he was going to Gainesville even though he was 25 miles north of
Gainesville and traveling north. He also said that he was staying in Gainesville
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and traveling to Wal-Mart but could not provide a reasonable explanation for why
he would travel to another city instead of going to a Wal-Mart in Gainesville. In
addition to being nonsensical, both destinations were inconsistent with a cellphone
GPS app visible on the dashboard indicating that the destination was 52 miles
away, due north. When asked about the GPS, Thomas claimed that the phone was
not his, but belonged to his female passenger. During this conversation, the deputy
noticed that Thomas was avoiding eye contact and was getting frustrated with the
questions. The evasive answers led Deputy Holcomb to suspect that Thomas
might be involved in the illegal transportation of narcotics.
Deputy Holcomb asked Thomas to exit the vehicle. Thomas refused
multiple times before the deputy told him that he did not have a choice. After
exiting the vehicle, the deputy asked if Thomas was carrying any weapons and
received permission to search Thomas’s person. The deputy found a roll of $500
in cash in Thomas’s pocket and thought that carrying so much money was unusual.
Following the pat-down, the deputy asked Thomas to walk to the front of the
patrol car. He did this because he wanted to administer the field sobriety tests in
view of the camera, which was in the front windshield of the police car. Thomas
did not comply. After telling him numerous times to walk to the front of the patrol
car, the deputy drew his taser in order to maintain control of the situation. At this
point Thomas complied, and the deputy reholstered his taser once Thomas was in
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front of the patrol car. Thomas and the deputy then spoke for a few minutes about
Thomas’s failure to comply with instructions and about the inconsistent travel
plans. The deputy asked Thomas if he had illegal narcotics in the vehicle. Thomas
said that he did not, but refused to give the deputy consent to search his vehicle.
Just as Deputy Holcomb began to administer the first field sobriety exercise,
a second officer walked up and began speaking with Thomas. Deputy Holcomb
took this opportunity to walk over and speak with the female passenger to compare
her account of their travel plans and to ask about Thomas’s impairment—a
common police practice when investigating potentially impaired drivers. He
believed that her story was inconsistent with Thomas’s and with the GPS display.
While walking back from questioning the passenger, the deputy noticed a wrapped,
square, cellophane bundle concealed beneath a jacket in the backseat of the
vehicle. Because of his training, he immediately suspected the bundle of being
illegal narcotics.
Following this observation, which occurred approximately fourteen minutes
into the stop, the deputy believed he had probable cause to search the vehicle. He
placed Thomas in handcuffs and called a state magistrate judge to secure a search
warrant for the car. The magistrate judge told Deputy Holcomb that he would have
to tow the vehicle, detain the occupants, and come meet her in person to get the
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warrant. The deputy told her that he needed to finish his field sobriety evaluations
and that he would call the judge back if needed.
Following the phone call, Deputy Holcomb read Thomas his Miranda rights
and removed the handcuffs. Thomas consented to the field sobriety evaluations
and then the deputy performed a series of tests. On the basis of Thomas’s
performance, as well as the reddening of his conjunctiva and other observations,
Deputy Holcomb arrested Thomas for driving under the influence of alcohol or
drugs.
Following the arrest, Deputy Holcomb and other officers searched the
vehicle and found three large packages of narcotics (two of methamphetamine and
one of heroin), a pill in Thomas’s wallet, additional methamphetamine in the
passenger’s purse, and a loaded firearm in between a front seat and the center
console.
Thomas was indicted on charges of possessing heroin with intent to
distribute, in violation of 21 U.S.C. § 841(a) and (b)(1)(C), possessing
methamphetamine with intent to distribute, in violation of 21 U.S.C. § 841(a) and
(b)(1)(B)(viii), and possessing a firearm in furtherance of a drug-trafficking crime,
in violation of 18 U.S.C. § 924(c)(1)(A)(i). Before trial, Thomas filed a motion to
suppress the evidence seized from his vehicle. The motion was denied, he was
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convicted by a jury on all counts, and he was sentenced to a total term of 144
months imprisonment. Thomas filed a timely notice of appeal.
II.
We apply a mixed standard of review in analyzing a district court’s denial of
a defendant’s motion to suppress, reviewing findings of fact for clear error and the
district court’s application of the law to those facts de novo. United States v.
Ramirez, 476 F.3d 1231, 1235–36 (11th Cir. 2007). “Absent clear error, we are
bound by the district court’s findings of fact and credibility choices.” United
States v. Hawkins, 934 F.3d 1251, 1259 (11th Cir. 2019).
III.
Thomas’s only argument on appeal is that the district court erred by denying
his motion to suppress. In his view, Deputy Holcomb prolonged the traffic stop
such that it violated his rights under the Fourth Amendment.
A traffic stop may be justified by reasonable, articulable suspicion that the
individual has committed a traffic violation. See Rodriguez v. United States, 575
U.S. 348, 354 (2015). The “tolerable duration” of such a seizure is limited to the
time it takes “to address the traffic violation that warranted the stop,” and the
authority for the seizure “ends when tasks tied to the traffic infraction are—or
reasonably should have been—completed.” Id. A “stop is unlawfully prolonged
when an officer, without reasonable suspicion, diverts from the stop’s purpose and
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adds time to the stop in order to investigate other crimes.” United States v.
Campbell, 912 F.3d 1340, 1353 (11th Cir.), cert. denied, 140 S. Ct. 196 (2019),
reh’g denied, 140 S. Ct. 633 (2019).
Certain ordinary inquiries and actions that are incidental to the traffic stop
are allowed. These include “checking the driver’s license, determining whether
there are outstanding warrants against the driver, and inspecting the automobile’s
registration and proof of insurance.” Rodriguez, 575 U.S. at 355. We have also
held that, generally speaking, “questions about travel plans are ordinary inquiries
incident to a traffic stop.” Campbell, 912 F.3d at 1354. In addition, police officers
conducting a lawful traffic stop may take steps that are “reasonably necessary to
protect their personal safety” and may order the driver to get out of the car “as a
matter of course.” United States v. Gibbs, 917 F.3d 1289, 1295 (11th Cir. 2019)
(quotation marks and citation omitted).
Beyond these incidental inquiries, an officer may prolong a stop to inquire
into unrelated matters only if he develops reasonable suspicion that another crime
has been committed. Campbell, 912 F.3d at 1353. When determining whether
reasonable suspicion exists, we review the totality of the circumstances to ascertain
whether the detaining officer had a “particularized and objective basis” for
suspecting legal wrongdoing. United States v. Arvizu, 534 U.S. 266, 273 (2002).
In so doing, we give due weight to the officer’s experience. United States v.
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Briggman, 931 F.2d 705, 709 (11th Cir. 1991). Factors that may contribute to the
formation of reasonable suspicion include a suspect’s nervous and evasive
behavior, inconsistent answers regarding travel plans, and refusal to comply with
an officer’s lawful orders. Illinois v. Wardlow, 528 U.S. 119, 124–25 (2000);
United States v. Boyce, 351 F.3d 1102, 1109 (11th Cir. 2003), United States v.
Bishop, 940 F.3d 1242, 1249 (11th Cir. 2019). Additionally, a police officer has
probable cause to search a vehicle when he sees contraband in the vehicle in plain
view. United States v. Spoerke, 568 F.3d 1236, 1249 (11th Cir. 2009).
Here, we find no constitutional violation. Thomas does not challenge the
validity of the initial stop; he concedes that Deputy Holcomb had reasonable
suspicion to stop his vehicle and to investigate whether Thomas was driving under
the influence. His only argument is that the deputy unnecessarily prolonged the
stop by inquiring into matters that were unrelated to the traffic violations. We are
not persuaded.
Deputy Holcomb’s initial conduct upon approaching the vehicle was related
to the purpose of the stop and to his personal safety. His questions about where
Thomas was headed were related to the traffic violation because travel plans are
generally appropriate subjects of inquiry incident to a traffic stop. Campbell, 912
F.3d at 1354. This logic applies with even more force in the context of a DUI
investigation, where a driver’s confusion or disorientation could be indicative of
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impairment. Likewise, Deputy Holcomb’s request for Thomas to exit the
vehicle—allowable as a matter of course in any event—was also related to the
purpose of the stop and the need to conduct field sobriety evaluations. Finally,
Deputy Holcomb’s request to search Thomas for weapons before conducting the
sobriety evaluations was related to officer safety.
In the course of this conduct—all of which was related to a DUI
investigation—Deputy Holcomb was able to observe things that justified
reasonable suspicion that some additional wrongdoing might have been afoot.
Thomas provided inconsistent and evasive answers to simple questions about his
travel plans—answers that were inconsistent with the data visible on the GPS
display. Additionally, Thomas was reluctant to exit the vehicle, acted nervously
throughout the stop, had bloodshot eyes, was carrying $500 in cash on his person,
and was reluctant to comply with the deputy’s instructions. The totality of these
circumstances justified Deputy Holcomb’s subsequent questions to Thomas about
the presence of drugs in the car and brief questioning of the passenger.
The additional questioning, coupled with the remainder of the DUI
investigation, unearthed additional information that further contributed to the
Deputy’s reasonable suspicion. The plainly visible bundle of suspected narcotics,
the passenger’s inconsistent explanation about the reason for their trip, and
Thomas’s performance on the field sobriety evaluations all amounted to at least a
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“particularized and objective basis” to believe that illegal drugs might have been in
the vehicle. Arvizu, 534 U.S. at 273.
In sum, the district court did not err in denying Thomas’s motion to
suppress. The totality of the circumstances supports Deputy Holcomb’s reasonable
suspicion that Thomas was involved in criminal activity. Thus, even if the traffic
stop was prolonged beyond the time needed to accomplish its original purpose of
conducting a DUI investigation, such detention was not unconstitutional.
Accordingly, we affirm.
AFFIRMED.
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