Page 46 - TPA Jourtnal September October 2023

hesitantly pulling out of a parking lot that was to the tow truck. One officer estimated it was an
known for narcotics activity. The officers ran the hour before she arrived, while a video that
Nissan’s license plates. Associated with that license recorded many events at the scene revealed it was
were municipal warrants for traffic violations by closer to a 30-minute delay. We did not discover
Jesse Walker. Their search also identified Walker as testimony or video recording of any conversation
a gang member and felon. The officers had been by the officers with Walker’s girlfriend after she
following the Nissan while searching for appeared. We do know, though, that Walker’s
information about the vehicle. They sped up vehicle was towed instead of being released to his
because the Nissan was travelling at a high rate of girlfriend. On May 26, 2020, Walker was indicted
speed. The officers saw the Nissan “[]cross all three on one count of being a felon in possession of a
lanes and turn[] on the outside lane of traffic,” and firearm. He moved to suppress the evidence
begin “driving erratically” and “at a high rate of gathered at the time of the traffic stop, including the
speed.” The Nissan then “sudden[ly]” turned into a statements he made to Foster, Polk, and Ereme; the
Texaco parking lot. At this point, the officers made firearm; and the contents of his cell phone that
a traffic stop. Both officers approached the vehicle. were seized during the traffic stop and later
Polk testified he had already decided to arrest searched by Ereme based on a search warrant.
Walker based on his outstanding traffic warrants. The district court denied Walker’s motion to
Foster approached the driver’s side of Walker’s suppress. Walker pled guilty to the charge of being
vehicle, stated Walker was travelling at a high rate a felon in possession of a firearm. He was
of speed, and asked him to produce a driver’s sentenced to 21 months imprisonment and three
license. Walker responded that it was “in his years of supervised release. His plea agreement
pocket” but then began looking in his car for the reserved his right to appeal the district court’s
license. Foster, unable to see Walker’s hands when denial of his motion to suppress. Walker timely
he supposedly was searching for his driver’s appealed.
license, became concerned. The officer asked
Walker to get out of the car so that the officers “In evaluating a district court’s denial of a
could “detain” him and explained they were doing defendant’s motion to suppress, we review factual
so to get Walker’s ID for him. Polk told Walker that findings, including credibility determinations, for
he was not under arrest. After Walker got out of the clear error, and we review legal conclusions de
vehicle, Foster handcuffed him. Foster then novo.” A factual finding is considered clearly
searched Walker. He removed Walker’s wallet and erroneous if, after we review the entire record, we
looked for a driver’s license but did not find one. are “left with the definite and firm conviction that a
Meanwhile, Polk searched Walker’s vehicle. Before mistake has been committed.” We review the
beginning the search, Polk asked Walker if “there is evidence in the light most favorable to the
anything [he] should know about” in the vehicle. Government as the prevailing party in this case.
Walker eventually stated there is “something you “We uphold a district court’s denial of a
might take me to jail for if I tell you,” and then told suppression motion if there is any reasonable view
Polk about a pistol in the console. of the evidence to support it.”

After discovering the firearm, the officers moved Walker argues the evidence and statements arising
Walker to their patrol car and called Homeland from his traffic stop should have been suppressed
Security Special Agent Kayada Ereme. Agent Ereme for two reasons: (1) his arrest and stop were
arrived, read Walker his Miranda rights, and unjustified, and thus any evidence and statements
questioned him about the firearm. Following Agent arising from the stop or arrest should be excluded
Ereme’s questioning, the officers gave Walker an as fruits of the poisonous tree; and (2) his
opportunity to call his girlfriend to pick up his car statements to Polk and Foster were part of an
if she could get there within approximately 10 improper interrogation and must be excluded.
minutes. Walker’s girlfriend arrived at least 30 We start with the legality of the traffic stop. The
minutes later after the vehicle was already attached Fourth Amendment requires a traffic stop to be

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