United States v. Rasberry
Opinion
Todd Rasberry found himself in a jam: during a pat-down incident to a
Terry
stop,
see
Terry
v.
Ohio
,
Following his indictment for controlled substance offenses, Rasberry moved to suppress, arguing among other things that the seizure of the contraband violated the "plain feel" doctrine.
See
Minnesota
v.
Dickerson
,
We reject Rasberry's attempt to pigeon-hole the seizure that occurred within the narrow confines of the "plain feel" doctrine. Here-as in most Terry stop cases-the reasonableness of the search and seizure is informed by the totality of the circumstances. Applying this metric, we affirm the district court's denial of Rasberry's motion to suppress.
I. BACKGROUND
We rehearse the facts as found by the district court at the suppression hearing, consistent with record support.
See
United States
v.
Gonzalez
,
Accompanied by other officers (federal and local), Wolf proceeded to the motel where Rasberry was allegedly ensconced. The officers knew that Rasberry had a criminal history including drug and weapons charges, and he had been arrested only a few months earlier at a party where guns were present. As a result, the officers were armed and wore ballistic vests.
When the officers arrived at the motel, Wolf tried the room key that he had been given, but discovered that it did not work. Once he knocked, though, Rasberry opened the door and acknowledged that he was a guest in the motel room (which had been rented by the woman with whom Wolf had spoken). The officers told Rasberry that they were there to search the premises and that, although he was not under arrest, he would be detained while they conducted the search. One officer placed Rasberry's hands behind his back and handcuffed him; he then patted down only the portion of Rasberry's lower back that Rasberry might be able to reach despite being handcuffed. Two other officers, with weapons drawn, conducted a sweep of the premises to make certain that nobody else was present.
For roughly twenty minutes, the officers searched the motel room with great care. They found plastic sandwich bags, needles, and a digital scale, but no drugs. With the search winding down, Rasberry asked if the handcuffs could be removed. Wolf replied that before he could remove the handcuffs, he had to make sure that Rasberry did not have a weapon.
As Wolf performed a pat-down, he felt (in the groin area of Rasberry's shorts) a hard, round object about the size of a softball. Wolf inquired as to the nature of the object, and Rasberry responded that it was part of his anatomy. At that point, Wolf-confident that the object was not part of Rasberry's anatomy but, rather, was contraband-placed Rasberry under arrest. Reaching into Rasberry's undershorts, Wolf extracted a ball of baggies containing what appeared to be controlled substances. A field test subsequently confirmed that some of the baggies contained heroin and others contained cocaine.
In due course, a federal grand jury sitting in the District of Maine returned a three-count indictment against Rasberry for various controlled substance offenses. Rasberry moved to suppress the drugs seized from his person, arguing that the search and seizure had violated his Fourth Amendment rights. See U.S. Const. amend. IV. The district court held a hearing at which Wolf and his three fellow officers testified. The district court took the matter under advisement and later denied the motion to suppress. In its order, the court held, in substance, that what had transpired constituted a lawful Terry stop; that placing Rasberry in handcuffs was reasonably necessary to ensure the officers' safety; and that the duration of the detention was reasonable because the officers were diligently searching the room during that interval. Finally, the court upheld the seizure of the drugs from Rasberry's undershorts on alternative grounds: first, the court adopted the argument, put forward by the government, that the drugs were lawfully seized under the "plain feel" doctrine; and second, the court concluded that, in light of the totality of the circumstances, the officers had probable cause to arrest Rasberry, search him incident to his arrest, and seize the drugs.
Rasberry proceeded to enter a conditional guilty plea,
see
Fed. R. Crim. P. 11(a)(2), to a single count of possession of heroin with intent to distribute,
see
II. ANALYSIS
Our standard of review is familiar. Ultimate constitutional determinations with respect to issues such as reasonable suspicion and probable cause engender de novo review.
See
Ornelas
v.
United States
,
As a practical matter, Rasberry's asseverational array can be divided into four parts. First, he asserts that his detention in the motel room exceeded the lawful scope of a Terry stop. Second, he asserts that the pat-down during which the softball-sized object was discovered was conducted without reasonable suspicion. Third, he asserts that the seizure of the softball-sized object was not justified under the "plain feel" doctrine. Fourth, he asserts that the search of his undershorts was so invasive that it offended both his dignity and his right to privacy under the Fourth Amendment. We examine these assertions one by one.
A. The Scope of the Stop .
The Fourth Amendment guarantees "[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures." U.S. Const. amend. IV. This constitutional protection does not pretermit all searches and seizures, but only those that are unreasonable.
See
Terry
,
In contrast to a
Terry
stop, an arrest requires that the detaining officer have probable cause to believe that a crime has been committed.
See
Hayes
v.
Florida
,
Judicial review of a
Terry
stop involves a "two-step appraisal."
Pontoo
,
Rasberry does not dispute that-at the moment the motel room was entered-the officers had reasonable suspicion sufficient to initiate a Terry stop. Instead, Rasberry's challenge to the lawfulness of the stop focuses on the events that subsequently transpired. He submits that the behavior of the officers (such as placing him in handcuffs and brandishing weapons) and the duration of the stop (about twenty minutes) pushed the stop past the boundaries of a lawful Terry stop and combined to transmogrify the stop into a de facto arrest.
In this case, the distinction between a Terry stop and a de facto arrest is of decretory significance. After all, the government concedes that the officers did not have probable cause to arrest Rasberry at the moment they entered the motel room. We turn, then, to the proper characterization of the events.
Because a
Terry
stop allows an individual to be detained without probable cause, the police actions associated with the stop must be less intrusive than those that are permissible in the course of an arrest.
See
Pontoo
,
To be sure, there are no "scientifically precise benchmarks for distinguishing between temporary detentions and de facto arrests."
Morelli
v.
Webster
,
Notwithstanding the limitations on
Terry
stops, officers must be allowed, during the course of such a stop, to take measures that are reasonably calculated to protect themselves or others from harm.
See
Flowers
v.
Fiore
,
Concerns for officer safety are heightened in the close confines of a motel room.
See
Chaney
,
Taking the total mix of facts into account, we agree with the district court that the officers had a reasonable basis to suspect that Rasberry might be armed and dangerous. By entering the premises with guns drawn and immediately handcuffing Rasberry, the officers acted responsibly to ensure their safety and the safety of others as their search of the premises took place. At the same time, the officers made it clear to Rasberry that he was not under arrest but, rather, was simply being detained while they searched the room. We discern no error, clear or otherwise, in the district court's determination that the officers' execution of the stop was within the permissible scope of a
Terry
stop.
See
Pontoo
,
Nor did the duration of the encounter exceed the parameters of a lawful
Terry
stop. A twenty-minute detention may be lengthier than the paradigmatic
Terry
stop, but the length of a
Terry
stop, taken in a vacuum, does not convert an otherwise lawful
Terry
stop into a de facto arrest.
See
United States
v.
Owens
,
That ends this aspect of the matter. The stop in this case was proportional to the circumstances and lasted no longer than was reasonably necessary to search the motel room and dispel suspicion that illegal drugs were hidden there. Consequently, the district court did not err in concluding that the stop was a lawful Terry stop.
B. The Pat-Down .
In preparation for removing Rasberry's handcuffs, Wolf undertook a full pat-down of Rasberry's person. Rasberry contends that there was no legal justification for this pat-down because the initial frisk, performed when he was first handcuffed, sufficed to dispel any suspicion that he might be armed. The district court rejected this contention, and so do we.
A police officer may frisk a suspect on reasonable suspicion that the suspect is armed and dangerous.
See
United States
v.
Scott
,
C. The Seizure of the Softball-sized Object .
As he was conducting the second pat-down, Wolf felt a softball-sized object hidden in Rasberry's undershorts. After Rasberry dissembled by insisting that the object was part of his anatomy, Wolf arrested him and proceeded to extract the object. Rasberry challenges the constitutionality of this seizure.
The district court upheld the seizure on alternative grounds. The first of these grounds is questionable. The court-following the government's lead-invoked the "plain feel" doctrine, under which a police officer can seize an object if, by touch, its incriminating character is "immediately apparent."
United States
v.
Schiavo
,
Rasberry argues that, due to the plastic packaging surrounding the drugs, the incriminating nature of the object in his shorts could not have been immediately apparent to Wolf. This argument has a patina of plausibility, but we need not address it: the seizure is fully justified on the alternative ground elaborated by the district court. Consequently, we turn to that alternative ground.
The district court held that the totality of the circumstances known to Wolf at the time of the pat-down gave him probable cause to arrest Rasberry and, thus, allowed him to seize the softball-sized object incident to Rasberry's arrest. This holding finds ample support in the record.
It is common ground that a
Terry
stop can evolve to a point at which there is probable cause to make an arrest.
See
Terry
,
Probable cause is a "fluid concept" that is "not readily, or even usefully, reduced to a neat set of legal rules."
Illinois
v.
Gates
,
Here, the totality of the circumstances militates strongly in favor of a finding that probable cause existed to arrest Rasberry. The officers already had recovered some drugs from Rasberry's accomplice (the renter of the motel room). She had told them that Rasberry was in the room and was in possession of additional drugs. When the officers reached the motel, they found Rasberry in the designated room-confirming to that extent the reliability of the accomplice's account.
See
Gates
,
The officers had been told by Rasberry's accomplice that there were drugs in the motel room and, after scouring the room in vain, the only place that had not yet been searched was Rasberry's person. While patting Rasberry down, Wolf came across a suspicious object in Rasberry's undershorts-an object that Wolf reasonably suspected contained drugs. This suspicion was heightened by Wolf's knowledge that drug dealers frequently conceal drugs in their undergarments.
See
United States
v.
Cofield
,
To say more would be to paint the lily. Here, a host of factors pointed unerringly to a reasonable inference that Rasberry was hiding drugs in his skivvies. In the circumstances at hand, the district court did not err in finding that Wolf had probable cause to arrest Rasberry and to seize the softball-sized object incident to his arrest.
D. The Intrusiveness Claim .
Rasberry makes a final argument: that the search of his undershorts was overly invasive and degrading and, thus, abridged his Fourth Amendment rights. Because this argument is raised for the first time on appeal, our review is for plain error.
See
United States
v.
Madsen
,
The reasonableness of an invasive search depends on whether the totality of the circumstances justifies the degree of the intrusion.
See
Spencer
v.
Roche
,
Although extracting the softball-sized object was, in Wolf's phrase, "awkward," there is no evidence that the extraction was conducted in a needlessly degrading or humiliating fashion.
Cf.
Swain
v.
Spinney
,
III. CONCLUSION
We need go no further. Rasberry's appeal yields only bitter fruit and, therefore, the judgment of the district court is
Affirmed .
Reference
- Full Case Name
- UNITED STATES of America, Appellee, v. Todd RASBERRY, Defendant, Appellant.
- Cited By
- 14 cases
- Status
- Published