UNITED STATES OF AMERICA v. EDWIN J. SANTIAGO - Articles

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Posted by: Azya Thornton on Jun 6, 2025

Court: 6th Circuit Court (Published Opinions)

Attorneys 1: ON BRIEF: Manuel B. Russ, Nashville, Tennessee, for Appellant.

Attorneys 2: ON BRIEF: Brooke C. Farzad, UNITED STATES ATTORNEY’S OFFICE, Nashville, Tennessee, for Appellee.

Judge(s): GRIFFIN, LARSEN, and MATHIS, Circuit Judges

Court Appealed: United States District Court for the Middle District of Tennessee at Nashville

On September 21, 2021, Detectives Dustin Tidwell and Justin Miller of the Metropolitan Nashville Police Department went in plain clothes to Auto Market, a used car dealership, to serve a subpoena. While they were standing outside the dealership, a car emitting “the obvious odor of marijuana” pulled into the parking lot. R. 172, Trial Tr., PageID 950. The car passed within fifteen to twenty feet of the detectives and parked four or five spaces away from them. When the driver opened his car door to exit, the smell of marijuana grew stronger. No one else was in the car. The officers later identified the driver as Edwin Santiago. As Santiago entered the Auto Market, the detectives saw a pistol on his waistband. Though open carry is legal in Tennessee, possessing a firearm while under the influence of marijuana is not. The detectives suspected Santiago of possessing the firearm while under the influence and decided to detain him once he exited the store. They put on police vests and turned on their body cameras in preparation for the encounter. The bodycam footage reveals the following: After Santiago left the store, the detectives approached him, and Miller instructed him to keep his hands up. Miller then began to handcuff Santiago, while Santiago repeatedly asked, “What’s going on?” R. 26-1, Detective Tidwell’s Bodycam Footage, 00:30–00:50. Tidwell responded, “It reeks of weed, you just pulled up here, okay? It reeks of weed. . . . [Y]ou’ve got a gun on your hip, man.” Id. at 00:43–00:50. Miller, meanwhile, pulled the pistol out of Santiago’s waistband. At this point, Santiago denied ownership of the pistol and shifted his body slightly; Miller grabbed his arm and yelled, “Stop!” Id. at 00:48–00:51. The officers then handcuffed Santiago. Trial testimony revealed that, after handcuffing Santiago, Miller patted him down, took Santiago’s wallet out of his pocket, and retrieved Santiago’s ID. A background check disclosed that Santiago was a felon. So Miller formally placed him under arrest. A grand jury indicted Santiago on one count of being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1). Santiago moved to suppress all the evidence acquired on September 21, arguing that his detention, arrest, and search were unconstitutional. The district court held a suppression hearing, where Detectives Tidwell and Miller testified to the facts recounted above. The manager of the Auto Market, who witnessed the arrest, also testified that he smelled an odor like marijuana around Santiago and his car. The court noted that possessing marijuana is a crime in Tennessee, and it explained that it found the detectives’ testimony about the smell of marijuana credible. That odor, which the officers localized to Santiago alone, gave the officers reasonable suspicion for the stop and probable cause for the arrest. So the court concluded that the warrantless arrest, and the search incident to it, were constitutional. The court denied Santiago’s motion to suppress. Santiago, although represented by counsel during the suppression hearing, proceeded to trial pro se. A jury convicted him. The district court sentenced Santiago to 56 months’ imprisonment. Santiago now appeals through counsel.

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