United States Court of Appeals For the Eighth Circuit ___________________________ No. 19-2635 ___________________________ United States of America lllllllllllllllllllllPlaintiff - Appellee v. Jonathan Figueroa-Serrano lllllllllllllllllllllDefendant - Appellant ____________ Appeal from United States District Court for the District of South Dakota - Aberdeen ____________ Submitted: June 19, 2020 Filed: August 21, 2020 ____________ Before KELLY, ERICKSON, and STRAS, Circuit Judges. ____________ KELLY, Circuit Judge. Jonathan Figueroa-Serrano conditionally pleaded guilty to possessing a firearm as a noncitizen unlawfully present in the United States, see 18 U.S.C. § 922(g)(5), reserving his right to appeal the district court’s1 denial of his suppression motion. He argues the district court erred by declining to suppress evidence of a gun seized without a warrant during a traffic stop, as well as his subsequent statements to law enforcement. Because we find no reversible error, we affirm. I. At about 1:45 a.m. on January 21, 2018, Officer Michael Morgan of the Milbank, South Dakota Police Department stopped a car without an illuminated license plate, in violation of state law.2 The car’s driver, Figueroa-Serrano, was the only person inside. Morgan smelled burnt marijuana emanating from the car. He also noticed that Figueroa-Serrano’s eyes were red, which Morgan identified as a possible sign of intoxication. Morgan then ran a records check and discovered that Figueroa- Serrano’s driver’s license had been canceled. Grant County Sheriff’s Deputy Mark Leusink soon arrived on the scene. He and Morgan searched the car based on the smell of marijuana. During the search, Morgan found a gym bag behind the driver’s seat that contained a burnt marijuana cigarette, several containers of concentrated marijuana wax, a pipe with marijuana residue, and other drug paraphernalia, including a glass dragon, a grinder, and a torch. Meanwhile, Leusink found a bag labeled “Sig” behind the front passenger seat containing a Sig Sauer 9 mm firearm and ammunition. The officers subsequently seized the gun and marijuana and arrested Figueroa-Serrano. Then, without providing Miranda warnings, Morgan asked whether Figueroa-Serrano had anything “illegal” in his pockets. Figueroa-Serrano replied that he had an “e-cig pen” that he 1 The Honorable Charles B. Kornmann, United States District Judge for the District of South Dakota. 2 The dashboard camera in Morgan’s squad car recorded the traffic stop. -2- used to smoke marijuana. Morgan also asked whether Figueroa-Serrano had smoked marijuana within the last hour, and Figueroa-Serrano admitted that he had. Morgan began driving Figueroa-Serrano to jail. At some point, Figueroa- Serrano volunteered the word “wax,” which led Morgan to ask, “What do they do with wax?” Figueroa-Serrano told the officer how marijuana wax is made. Later, Morgan asked whether he had ever previously received Miranda warnings. Figueroa- Serrano stated that he had, and Morgan proceeded to give the warnings. Figueroa- Serrano affirmed that he understood his rights and the two then engaged in “small talk” until Figueroa-Serrano asked about the gun. Morgan explained that he seized the gun because Figueroa-Serrano would be charged with possession of a controlled substance. At approximately 3:05 a.m., Morgan and Leusink began questioning ...
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