United States v. Sparks ( 2023 )

Case: 22-10347 Document: 00516695143 Page: 1 Date Filed: 03/30/2023
United States Court of Appeals
for the Fifth Circuit
____________
United States Court of Appeals
Fifth Circuit
No. 22-10347
Summary Calendar FILED
____________ March 30, 2023
Lyle W. Cayce
United States of America, Clerk
Plaintiff—Appellee,
versus
Koby Lee Sparks,
Defendant—Appellant.
______________________________
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:21-CR-133-1
______________________________
Before Davis, Duncan, and Engelhardt, Circuit Judges.
Per Curiam: *
Koby Lee Sparks appeals his conviction for possession of a firearm
after a felony conviction and possession with intent to distribute
methamphetamine. He argues that the district court erred in denying his
motion to suppress evidence seized during an encounter with police officers
who were responding to a complaint that Sparks had caused a disturbance.
_____________________
*
This opinion is not designated for publication. See 5th Cir. R. 47.5.
Case: 22-10347 Document: 00516695143 Page: 2 Date Filed: 03/30/2023
No. 22-10347
We assume, without deciding, that Sparks preserved the arguments
he raises on appeal. See United States v. Pope, 467 F.3d 912, 918-19 & n.20
(5th Cir. 2006); United States v. Rodriguez, 602 F.3d 346, 361 (5th Cir. 2010).
We review the district court’s “factual findings for clear error and the
ultimate constitutionality of law enforcement action de novo.” United States
v. Robinson, 741 F.3d 588, 594 (5th Cir. 2014).
Although Sparks argues that the police did not have probable cause to
initially stop him as he was walking toward his vehicle, the officers did not
need probable cause because they were conducting an investigatory stop,
which required only reasonable suspicion that criminal activity was afoot. See
United States v. Sokolow, 490 U.S. 1, 7 (1989); United States v. Sanders, 994
F.2d 200, 206 (5th Cir. 1993). Moreover, given that the police observed in
plain view inside Sparks’s vehicle an open beer container, an apparent
marijuana joint, and a handgun stuffed between the passenger seat and the
center console, they had reasonable suspicion that criminal activity was
taking place, including a violation of former Texas Penal Code § 46.02(a-1).
See Tex. Penal Code § 46.02(a-1) (effective Sept. 1, 2019); United States
v. Garza, 727 F.3d 436, 440 (5th Cir. 2013). Sparks’s contention that he
qualified for an exemption to that statute does not change our conclusion, as
the officers were not required to “rule out the possibility of innocent
conduct” before stopping him. United States v. Thomas, 997 F.3d 603, 610
(5th Cir. 2021) (internal quotation marks and citation omitted), cert. denied,
142 S. Ct. 828 (2022).
AFFIRMED.
2