United States v. Pinder, 2024 WL 4887411 (10th Cir. 2024)
While patrolling a state highway late at night in Wasatch County, Utah, Deputy Sheriff Colton Brimhall saw a speeding Nissan Altima with a missing license plate light. When stopped, Taylor Pinder gave the deputy a driver’s license and the deputy “noticed immediately” obvious and significant differences in appearance between Pinder and the man in the driver’s license photo. As Deputy Brimhall walked back to his patrol car, he can be heard on his body-camera footage exclaiming to himself, “There’s no way that is him!”
After Pinder failed to recite the four digits of the Social Security number of the man pictured on the driver’s license, he admitted the license was not his and provided Deputy Brimhall his real name. Brimhall learned Pinder’s driver’s license was revoked and that he was on federal supervised release for a gun crime. Deputy Brimhall called Pinder’s federal probation officer and told him of the traffic stop and Pinder’s production of another person’s license. Next, Deputy Brimhall arrested Pinder and put him in the back of his patrol car. The deputy proceeded to search the driver’s side of the Altima’s interior, finding a few bullets and a vape pen that appeared to contain THC. He also found “half of a bong” under the driver’s seat.
“We do not see how that verification transformed the real driver’s license from relevant to irrelevant.”
When Deputy Brimhall searched the rest of the vehicle he found a black backpack containing unused needles, 9 mm ammunition, a loaded Glock 9 mm firearm and a cardboard box containing drug paraphernalia and heroin. The backpack also held a lunch bag secured with a combination lock. Both Pinder and his passenger, Sierra Hatch, denied ownership of the lunch bag or knowledge of the combination. Deputy Brimhall cut it open and found more drugs.
Pinder was charged with possession of methamphetamine with intent to distribute, possession of a firearm in furtherance of a drug trafficking crime and being a felon in possession of a firearm and ammunition. He moved to suppress the evidence, arguing the vehicle search violated the Fourth Amendment. The court denied the motion, and Pinder appealed.
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Pinder argued that the search could not be justified under the search-incident-to-arrest doctrine, relying on the rule in Arizona v. Gant (556 U.S. 332 (2009)). Pinder claimed it was not reasonable for Deputy Brimhall to believe he would find evidence related to his arrest for providing someone else’s identification. Once Deputy Brimhall knew his true identity, Pinder argued, finding his real license was irrelevant and unnecessary.
The appellate court held the vehicle search for Pinder’s real driver’s license was relevant to the crime of providing false identification, even if Pinder had already admitted his lie and stated his true identity: “We do not see how that verification transformed the real driver’s license from relevant to irrelevant.” The court noted Pinder’s lawyer failed to effectively argue that even if Pinder’s actual license were relevant, there remained the question of whether it was reasonable to believe it would be found in the Altima.
It is likely the drugs and gun would have been ultimately admissible under the inevitable discovery doctrine. However, because the court held the search was proper as being incident to Pinder’s arrest, the appellate court did not consider whether Pinder’s federal supervised release conditions justified the search.
