State v. Bradley
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State v. Bradley
Opinion of the Court
Appellant challenges her convictions of fifth-degree possession of a controlled substance, arguing that the district court erred in denying her motion to suppress drug evidence found in her purse during a search incident to her arrest. We affirm.
FACTS
On May 20, 2015, at approximately 1:30 p.m., a store investigator at a grocery store observed appellant Traci Rankin Bradley pick up two food items from the deli area, carry them to a shopping aisle, place them in her purse, and exit the store without paying for the items. The investigator followed appellant outside, displayed his security badge, and told appellant that she needed to return to the store. Appellant refused. The investigator attempted to take appellant into custody, but appellant resisted. During the ensuing scuffle, appellant attempted to discard the items on the sidewalk and tried to hand her purse to a friend who had accompanied her to the store. The investigator took appellant's purse, stating that it was evidence of the crime, and, with the assistance of the store manager, handcuffed appellant and escorted her to the manager's office inside of the store along with her purse. The investigator seated appellant in a chair and placed her purse on top of the manager's desk. The manager then called the police.
At 1:58 p.m., two police officers responded to the shoplifting call. Dispatch informed the officers that appellant also had outstanding warrants. One officer proceeded to the manager's office and spoke to the investigator and appellant. That officer arrested appellant and then searched her purse. The officer discovered suspected narcotics within a zipped compartment of appellant's purse, consisting of a baggie containing a white, powdery substance and a container with several pills. The Bureau of Criminal Apprehension later determined that the baggie contained 0.932 grams of methadone and identified the assorted pills as hydromorphone, oxycodone, and lorazepam.
Appellant was charged with two counts of fifth-degree controlled-substance crime, *369in violation of
ISSUE
Did the district court err in determining that appellant's Fourth Amendment rights were not violated when the police officer searched her purse?
ANALYSIS
"When reviewing a district court's pretrial order on a motion to suppress evidence, [this court] review[s] the district court's factual findings under a clearly erroneous standard and the district court's legal determinations de novo." State v. Gauster ,
The United States and Minnesota Constitutions prohibit unreasonable searches and seizures, and any evidence obtained as a result of an unreasonable search or seizure must be suppressed. U.S. Const. amend. IV ; Minn. Const. art. I, § 10 ; Wong Sun v. United States ,
"A search incident to a lawful arrest is a well-recognized exception to the warrant requirement under the Fourth Amendment." State v. Bernard ,
Appellant argues that the district court erred by denying her motion to suppress evidence. Appellant contends that because her purse had been seized by the store investigator (1) it was not within the area of her immediate control and (2) it was not immediately or closely associated with her person when the responding officer searched it incident to her arrest, and therefore the search-incident-to-arrest exception does not apply. We disagree.
*370A search of the arrestee's person is fundamentally distinct from a search of the area within the arrestee's immediate control. Birchfield ,
A search of the arrestee's person encompasses "personal property ... immediately associated with the person of the arrestee." Id . at 2484 (quotation omitted); Bernard ,
The issue of whether a purse may be searched incident to a lawful arrest is settled, but the precise issue in this case, whether a purse in a suspect's possession at the time the suspect is detained by a merchant's employee remains immediately associated with the suspect's person and is subject to a search incident to the suspect's lawful arrest, appears to be one of first impression.
In State v. Wynne , police officers detained the defendant, who was carrying a purse, in the driveway of her mother's home while executing a warrant to search the home.
In State v. Molnau , police officers, while executing a warrant to search a home, discovered an unattended purse on a kitchen table.
Here, appellant carried her purse when detained. The investigator told the responding police officer that he saw appellant attempt to shoplift two food items by concealing them in her purse. The evidence indicates that the officer knew or had reason to know that the purse was immediately associated with appellant because she was in possession of it when detained. Appellant agrees that the officer lawfully arrested her before he searched her purse. Under these circumstances, we hold that appellant's purse remained immediately associated with her person during the detention at the store and was subject to a subsequent search incident to her lawful arrest by the officer who knew or had reason to know she had possessed it when detained. Therefore, the district court did not err in denying appellant's motion to suppress the evidence found in her purse.
DECISION
Because appellant carried a purse at the time the store investigator detained her, the purse remained immediately associated with appellant's person during the detention, and because the responding officer knew or had reason to know that appellant was in possession of her purse when detained, the officer justifiably searched it along with her person incident to appellant's lawful arrest. The district court properly denied appellant's motion to suppress because the search did not violate her Fourth Amendment rights.
Affirmed.
Because we conclude that appellant's purse was immediately associated with her person at the time of her lawful arrest and therefore subject to a search incident to her arrest, we need not reach appellant's argument concerning whether the purse was located within the area of her immediate control.
The shoplifting arrest statute,
In Wynne , because the police lacked probable cause to arrest the defendant independent of the items found in her purse, the search-incident-to-arrest exception did not apply. Id . at 221-22. Here, appellant does not dispute the probable-cause basis of her arrest, or that the officer lawfully arrested her before searching her purse.
Reference
- Full Case Name
- STATE of Minnesota v. Traci Rankin BRADLEY
- Cited By
- 3 cases
- Status
- Published