Bailey v. United States
Bailey v. United States
Opinion of the Court
Appellant has been convicted of two counts of receiving stolen property
Both occupants were arrested and appellant’s companion was handcuffed. They were asked for their names, which they gave. Appellant was neither handcuffed nor patted down for weapons.
We begin an examination of the points raised from what, of necessity, must be a reasonable approach taking into account the remoteness of the judiciary from the actual experience of the police. Brinegar v. United States, 338 U.S. 160, 176, 69 S.Ct. 1302, 93 L.Ed. 1879 (1949); Dorman v. United States, 140 U.S.App.D.C. 313, 435 F.2d 385, 394-395 (1970); United States v. Thweatt, 140 U.S.App.D.C. 120, 433 F.2d 1226, 1231-1232 (1970). We are mindful too of the constitutional command that judges must, in guarded fashion, determine from courthouse testimony the reasonableness of tactical police decisions.
We note that we are asked to rule as a matter of law that alternatives to the seizure and search of the purse — e. g., removal of appellant and her companion from the area of access to the purse — must be utilized, and failing that, the search of the purse for weapons was unreasonable. The law, however, is clear that in such a situation as this the tactical choice by the police between apparent alternative courses of action cannot be overturned by detached judicial deliberation as long as the course of action taken is in itself reasonable. Chambers v. Maroney, 399 U.S. 42, 52, 90 S.Ct. 1975, 26 L.Ed.2d 419 (1970). See also United States v. Mehciz, 437 F.2d 145, 147 (9th Cir. 1971), cert. denied, 401 U.S. 540, 91 S.Ct. 1663, 29 L.Ed.2d 139 (1971). On the facts of this case we cannot say it was unreasonable to seize the purse and search it for weapons simply because in retrospect we may believe another course was open to the police.
The examination of the wallet, however, was reasonable for the purpose expressed by the officer. Having found a purse containing property of another woman, the officer properly examined the wallet to ascertain its owner. Under these circumstances, it was quite reasonable to investigate actual ownership of property probably stolen.
The motion to suppress was properly denied and the judgment of conviction is
Affirmed.
. D.C.Code 1967, § 22-2205.
. The questions arise from an oral motion to suppress made during trial. Criminal Rule 41(e) of the Court of General Sessions, as well as its replacement in Superior Court, Criminal Rule 41(g), requires that a motion to suppress be made before trial unless opportunity therefor did not exist or grounds therefor were un
. On appeal, she now contends that the outer limit of search authority would have been to pat her body for weapons. Obviously, and for good reason, male officers may wish to refrain from such action but not without considerable risk to their safety.
. For the sake of rhetorical completeness, we observe that the owners of these items testified to their earlier loss through theft.
. We note that this search was not prohibited by Chimel v. California, 395 U.S. 752, 89 S.Ct. 2034, 23 L.Ed.2d 685 (1969), because the purse was in dose proximity to appellant at the time of her arrest.
Concurring Opinion
concurring:
I concur in the decision of the court that the handbag and its contents seized from appellant Bailey after her arrest should not have been suppressed. It was reasonable, as a routine security precaution, for the arresting officer to have examined the woman’s handbag, a usual female ac-couterment, at the feet of the arrestee before transporting her to headquarters. See United States v. Dyson, D.C.App., 277 A.2d 658 (decided May 28, 1971).
. Commendably enough the officer eschewed a search of the suitcase next to appellant Bailey as well as the closet in the 10 foot by 12 foot room where the arrest took place. See Chimel v. California, 395 U.S. 752, 762, 89 S.Ct. 2034, 23 L.Ed.2d 685 (1969).
Reference
- Full Case Name
- Jo Ann BAILEY, A/K/A Joan King, Appellant, v. UNITED STATES, Appellee
- Cited By
- 31 cases
- Status
- Published