Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

United States v. Greene

United States Court of Appeals, Third Circuit

June 25, 2019

UNITED STATES OF AMERICA
v.
TYRONE GREENE, Appellant

          Submitted June 10, 2019

          On 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

          Robert 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.

          OPINION

          Hardiman, Circuit Judge.

         A jury 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.

         I

         Greene 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.

         While 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.

         Incident 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.

         During 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. Id.

         As relevant to this appeal, Greene moved to suppress both his inculpatory statement and the gun and bullets seized after he was arrested for possession ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.