Submitted June 10, 2019
Appeal from the United States District Court for the Middle
District of Pennsylvania (D.C. No. 3-15-cr-00015-001)
District Judge: Honorable A. Richard Caputo
O'Hara Jenny P. Roberts Office of United States Attorney
Attorneys for Appellee.
Brandon R. Reish Quin M. Sorenson Attorneys for Appellant.
Before: HARDIMAN, PORTER, and COWEN, Circuit Judges.
Hardiman, Circuit Judge.
found Tyrone Greene guilty of possessing a firearm and
ammunition in violation of 18 U.S.C. § 922(g)(1), and
the District Court sentenced him to sixty months in prison.
Greene appeals his judgment of conviction, claiming the
District Court erred when it denied two of his motions to
suppress. We will affirm.
and his girlfriend, Jennifer Manley, were traveling in a
white van without its lights on when they were stopped by
Officer Mark Stefanowicz of the Hanover Township Police.
Manley was driving, but she was unable to produce a
driver's license, vehicle registration, or proof of
insurance. Instead, she gave Stefanowicz a New York state
benefits card and a rental car agreement in the name of Kevin
Hurtudo-Moreno that listed no other authorized drivers.
Greene told Stefanowicz that Hurtudo-Moreno was his brother.
speaking with Manley and Greene, Stefanowicz smelled unburnt
marijuana emanating from the vehicle. Greene then began
acting suspiciously by "repeatedly seeking to leave, and
attempting to leave, the scene of the traffic stop . . .
initially standing up and then sitting back down in the
passenger seat when ordered out of the vehicle; and standing
up and reaching for his waistband, as though trying to
conceal something on his person." United States v.
Greene, 2017 WL 2180354, at *1 (M.D. Pa. May 18, 2017).
Stefanowicz responded to Greene's suspicious behavior by
patting him down as permitted by Terry v. Ohio, 392
U.S. 1 (1968). In doing so, Stefanowicz felt a bulge, the
seal of a plastic baggie, and the texture of its contents.
Based on his extensive experience, Stefanowicz immediately
recognized the bag as marijuana, so he had no need to
manipulate it. After removing the baggie, Stefanowicz placed
Greene under arrest.
to Greene's arrest, Stefanowicz searched the van and
found .40 caliber bullets in the glove box and in
Manley's purse. Stefanowicz then escorted Greene to the
police car, but while doing so, he noticed Greene bending
over and walking in unusual ways, as if to conceal something.
Another officer who had arrived on scene searched Greene
further and located a loaded, stolen handgun in his groin
area. The police arrested Manley and transported her to the
stationhouse apart from Greene.
booking at the stationhouse, Greene asked Stefanowicz whether
Manley would get in trouble. Stefanowicz replied that she
would, for "headlight violations, no license,
marijuana." App. 160. Greene then volunteered that he
would "take the hit" for the gun and bullets.
relevant to this appeal, Greene moved to suppress both his
inculpatory statement and the gun and bullets seized after he
was arrested for possession ...