No. 22-2930 ___________________________

United States of America

Plaintiff - Appellee

v.

Bryce Alexander Vittetoe

Defendant - Appellant ____________

Appeal from United States District Court for the Western District of Missouri ____________

Submitted: September 22, 2023 Filed: November 20, 2023 ____________ Before COLLOTON, GRASZ, and KOBES, Circuit Judges. ____________ GRASZ, Circuit Judge.

Bryce Vittetoe pled guilty to possessing methamphetamine with intent to distribute and to unlawfully possessing a firearm as a felon. The district court1

1 The Honorable Brian C. Wimes, United States District Judge for the Western District of Missouri, adopting the factual findings from the Report and Recommendation of the Honorable Willie J. Epps, Jr., United States Magistrate Judge for the Western District of Missouri. denied Vittetoe’s motion to suppress evidence found during a police search of a vehicle after concluding Vittetoe had no reasonable expectation of privacy in the reportedly stolen vehicle. Vittetoe appeals, arguing the district court erred in denying his motion to suppress. We affirm under the alternative rationale that the search was reasonable under the automobile exception.

I. Background

In 2020, Sergeant Aaron Hazelton of the Cole County Sheriff’s Office conducted surveillance of Vittetoe at a storage unit in Jefferson City, Missouri. While operating in plain clothes, Sgt. Hazelton observed Vittetoe in possession of a White Toyota Scion at the storage unit. The car had been reported stolen according to the Jefferson City Police Department Dispatch Center (“Dispatch”). Sgt. Hazelton was familiar with Vittetoe from previous narcotics and other criminal investigations. Sgt. Hazelton called for backup. Corporal Kyle Petty, who was also aware of Vittetoe’s past criminal history, soon arrived and observed Vittetoe exit the storage unit. Observing a large knife holstered on Vittetoe’s hip, Cpl. Petty approached Vittetoe with his gun drawn, ordered Vittetoe to get on the ground, handcuffed Vittetoe, and read his Miranda 2 rights to him.

With Vittetoe handcuffed, Cpl. Petty then called Dispatch and confirmed what Sgt. Hazelton had told him: the Toyota Scion was reported stolen. At some point, Vittetoe asked Cpl. Petty what he had done wrong, and Cpl. Petty told Vittetoe the vehicle was reported stolen. In response, Vittetoe denied stealing the vehicle, claiming he had a bill of sale, which his mother could bring to Cpl. Petty. Vittetoe did not have any documents with him that could show he owned or had permission to use the vehicle. Cpl. Petty tried to confirm the Scion was stolen, but he could not contact the previous owner of the vehicle because she was incarcerated.

2 Miranda v. Arizona, 384 U.S. 436 (1966). -2- Cpl. Petty then uncuffed Vittetoe, telling Vittetoe he was free to leave, but the car needed to stay. Cpl. Petty searched the vehicle while Vittetoe voluntarily remained in the vicinity. Cpl. Petty quickly discovered the barrel of a rifle protruding from underneath a blanket in the backseat of the vehicle and ordered officers to again arrest Vittetoe. A further search of the vehicle revealed numerous firearms, including a shotgun, two rifles, a muzzle loader, a pistol, numerous rounds of ammunition, a large amount of methamphetamine, marijuana edibles, and prescription medications. Officers later executed a search warrant on Vittetoe’s storage unit w