United States v. Brookins
United States v. Brookins
Opinion of the Court
MEMORANDUM OPINION AND ORDER
This matter is before the Court on Ronald Lee Brookins’ (“Defendant”) Motion # 1 for Suppression of Evidence obtained as a result of a search of Defendant’s vehicle by members of the Suffolk Police Department on February 20, 2001. On October 2, 2002, the Court entered an Oral Order granting Defendant’s motion to suppress. This Memorandum Opinion and
I. FACTUAL AND PROCEDURAL BACKGROUND
On February 20, 2001, at approximately 3:00 p.m., five members of the Suffolk Police Department’s Special Investigation Unit were driving an unmarked police vehicle
The officers drove past Defendant’s vehicle, and saw Defendant and at least one other person, later identified as Benny Harvey (“Harvey”), standing in the open doorway of the vehicle, and Defendant’s wife sitting in the backseat.
However, although at least one officer remained in the unmarked police vehicle and did not pursue either the Defendant or Harvey, none of the officers attempted to prevent Defendant’s wife or the vehicle from leaving.
The officers then took Defendant’s wife to the police station where they questioned her. She was not placed under arrest or
On July 31, 2002, Defendant was indicted in the United States District Court for the Eastern District of Virginia for unlawfully, knowingly and intentionally distributing in excess of five grams or more of a mixture and substance containing a detectable amount of cocaine base, commonly known as “crack,” a schedule II narcotic controlled substance, a violation of Title 21, United States Code Section 841(a)(1) and (b)(l)(B)(iii) and Title 18, United States Code, Section 2. On September 9, 2002, Defendant filed his Motion # 1 for Suppression of Evidence. On September 20, 2002, the Government filed its response to Defendant’s motion to suppress. On October 2, 2002, the Court heard argument on the matter. The Court stated its findings of fact and conclusion of law on the record and granted Defendant’s motion to suppress. On October 10, 2002, the United States filed a motion for reconsideration offering an alternative basis for the Court to uphold the warrantless search, specifically, that the vehicle was subject to forfeiture because it was used to facilitate a drug transaction. The motion for reconsideration is DENIED and this Memorandum Opinion and Order supercedes the Court’s October 2, 2002 ruling from the bench.
II. DISCUSSION
The Fourth Amendment protects against unreasonable searches and seizures. U.S. Const, amend. IV. The Supreme Court has generally interpreted the Fourth Amendment’s requirement that every search or seizure be reasonable to mean that an arrest or search must be based on probable cause and executed pursuant to a warrant. See Katz v. U.S., 389 U.S. 347, 88 S.Ct. 507, 19 L.Ed.2d 576 (1967). It is well settled that a search conducted without a warrant is per se unreasonable unless a valid exception to the warrant requirement exists. Schneckloth v. Bustamonte, 412 U.S. 218, 219, 93 S.Ct. 2041, 36 L.Ed.2d 854 (1973). The Government argues that the search was valid because it was incident to a lawful arrest, or alternatively, permissible under the “automobile exception” to the warrant requirement.
A. Search Incident to Lawful Arrest
The Supreme Court has established that when a person is lawfully arrested, the police may, without a warrant, contemporaneously search the person accused for weapons or “the fruits or.. .implements used to commit the crime” and the immediately surrounding area. Preston v. United States, 376 U.S. 364, 367, 84 S.Ct. 881, 11 L.Ed.2d 777 (1964); Chimel v. California, 395 U.S. 752, 764, 89 S.Ct. 2034, 23 L.Ed.2d 685 (1969); New York v. Belton, 453 U.S. 454, 457, 101 S.Ct. 2860, 69 L.Ed.2d 768 (1981); United States v. Milton, 52 F.3d 78, 80 ( 4th Cir. 1995). Such searches have been considered valid because of “the need to seize weapons and other things which might be used to assault an officer or effect an escape, as well as by the need to prevent the destruction of evidence of the crime.” Preston, 376 U.S. at 367, 84 S.Ct. 881; Belton, 453 U.S. at 457, 101 S.Ct. 2860; Chimel, 395 U.S. at 764, 89 S.Ct. 2034. Thus, the Supreme Court had held that when a lawful custodial arrest of an occupant of a vehicle has been made, then as a contemporaneous incident of that arrest, the passenger compartment of the vehicle may also be
The search and seizure of Defendant’s car is clearly not justified as a search incident to valid arrest, as asserted by the Government. Testimony of three Suffolk Police officers as well as the statement of facts in the Government’s brief clearly indicate that Defendant was arrested in the parking lot of a nearby grocery store, several minutes after leaving his vehicle. The vehicle was no longer in Defendant’s immediate control and therefore, there existed no likelihood that he could obtain a weapon from the vehicle, destroy evidence of a crime, or use the vehicle to escape. However, even if the officers were entitled to search the car incident to Defendant’s arrest,
B. The Automobile Exception
Another well-established exception to the warrant requirement is the automobile
1. Probable Cause
In Ornelas v. United States, the Supreme Court defined probable cause as the level of suspicion required to justify governmental intrusion upon Fourth Amendment protected interests. 517 U.S. 690, 695, 116 S.Ct. 1657, 134 L.Ed.2d 911 (1996). To determine probable cause, courts must first determine the “historical facts,” of the events leading up to a search. Id. at 695, 116 S.Ct. 1657. Courts must then decide whether these “historical facts,” from the viewpoint of a reasonable police officer, amount to probable cause. Id. at 696-97, 116 S.Ct. 1657. Probable cause may come from personal observations of officers, including their past experience, training, and expertise, see Texas v. Brown, 460 U.S. 730, 742-43, 103 S.Ct. 1535, 75 L.Ed.2d 502 (1983); from reliable, known informants or information from an independent sources that can be independently corroborated, see Illinois v. Gates, 462 U.S. 213, 238, 103 S.Ct. 2317, 76 L.Ed.2d 527 (1983); from evidence seized in plain view or in the other “plain” corol
Probable cause did exist at the time of Defendant’s arrest. Defendant has previously been convicted of drug offenses, and a reliable confidential informant told officers that the Defendant made narcotics deliveries in the vicinity of E.Washington street. Although testimony was conflicting, officers stated that they saw Defendant retrieve a package from the front seat of the car and pass it to Harvey,
However, contrary to the Government’s position, probable cause did not extend to the search of the vehicle at the residence fifteen minutes after Defendant’s arrest. Once officers allowed the car to leave the scene, some of the factual bases supporting probable cause also vanished. First, the Court is not firmly convinced that officers actually witnessed an alleged passing of suspected drugs. See supra note 7. Second, officers allowed the vehicle to depart the scene, thus allowing Defendant’s wife an opportunity to dispose of any contraband that remained in the car. It is not clear that, in light of the “historical facts,” a reasonable police officer could determine whether probable cause still existed some fifteen minutes later.
2. Exigent Circumstances and Ready Mobility
Assuming that probable cause did exist when officers located the vehicle, under the facts of this case, there still must be some showing of exigent circumstances to justify a warrantless search of a vehicle. Recently, the Supreme Court has held that “the automobile exception does not have a separate exigency requirement.” Maryland v. Dyson, 527 U.S. 465, 467, 119 S.Ct. 2013, 144 L.Ed.2d 442 (1999); Carney, 471 U.S. at 391, 105 S.Ct. 2066; Johns, 469 U.S. at 484, 105 S.Ct. 881. When it is disputable whether a vehicle is readily mobile, the Supreme Court suggests that a lesser expectation of privacy in a vehicle often justifies a warrantless search. Maryland v. Dyson, 527 U.S. 465, 467, 119 S.Ct. 2013, 144 L.Ed.2d 442 (1999); Carney, 471 U.S. at 391, 105 S.Ct. 2066; Johns, 469 U.S. at 484, 105 S.Ct. 881. However, it is not clear that the Supreme Court has entirely eliminated a required showing of exigent circumstances.
In the present case, the facts do not support a determination that the car was readily mobile and therefore, that exigent circumstances necessarily existed. . Here, police did not stop the vehicle while Defendant or his wife actually occupied it. In fact, the car was unoccupied and parked when officers discovered it. At least three police vehicles reported to the residence where the vehicle was parked, and testimony indicated that any one of those vehicles could have blocked Defendant’s vehicle from leaving the driveway. In fact, when they arrived, officers stopped an unidentified man from getting in the vehicle. In Coolidge,
C. Unlawful Seizure
When a vehicle is seized and searched later, the seizure itself must be lawful in order for the search to be upheld. Coolidge, 403 U.S. 443, 91 S.Ct. 2022, 29 L.Ed.2d 564; Cardwell, 417 U.S. 583, 94 S.Ct. 2464, 41 L.Ed.2d 325; Chavis, 880 F.2d at 791. The Supreme Court has indicated that a warrantless seizure is impermissible if the vehicle is parked on private property or if the incriminating aspect of the vehicle is not in plain view. Horton v. California, 496 U.S. 128, 110, S.Ct. 2301, 110 L.Ed.2d 112 (1990); Cardwell, 417 U.S. at 593, 94 S.Ct. 2464; Coolidge, 403 U.S. at 447, 91 S.Ct. 2022, (Search held unconstitutional where the vehicle was seized from a private driveway and police had ample opportunity to obtain a search warrant); G.M. Leasing Corp. v. United States, 429 U.S. 338, 351, 97 S.Ct. 619, 50 L.Ed.2d 530 (1977) (“The seizures of the automobiles in this case took place on public streets, parking lots, or other open places, and did not involve any invasion of privacy”); Florida v. White, 526 U.S. 559, 566, 119 S.Ct. 1555, 143 L.Ed.2d 748 (1999); United States v. Patterson, 150 F.3d 382, 386 (4th Cir. 1998) (Indicating that a vehicle believed to contain evidence of a crime may be seized if parked in public, knowingly exposed to the public). Moreover, the concept of constructive possession does not justify the search or seizure of an item not in actual possession. Cardwell, 417 U.S. at 592 n. 6, 94 S.Ct. 2464 (Where keys were seized in plain view incident to arrest, constructive possession of the vehicle did not justify its search and seizure).
Defendant’s car was unlawfully seized by Suffolk police officers.
D. Vehicle Subject to Forfeiture
It is well-settled that certain property is subject to forfeiture. In particular, federal law provides that vehicles used “to transport, or in any manner facilitate the transportation, sale, receipt, possession or concealment” of all controlled substances, are subject to forfeiture.
The Court cannot admit the evidence in dispute based on the alternative theory that the vehicle was subject to forfeiture and thus, a warrantless seizure and subsequent search were valid. The Government relies on three Fourth Circuit cases to justify the warrantless seizure of Defendant’s vehicle as forfeitable contraband. However, those cases were decided prior to the Supreme Court’s holding in Florida v. White, which controls based on these facts. The Government also relies on Florida v. White, but it misinterprets the holding.
III. CONCLUSION
For the reasons stated above, and because the Court finds no alternative basis on which the warrantless search of Defendant’s vehicle may be upheld, Defendant’s motion to suppress is GRANTED.
The Clerk is DIRECTED to send a copy of this Memorandum Opinion to the parties.
IT IS SO ORDERED.
. Testimony from one of the officers indicated that members of the community are aware that the "unmarked police vehicle” is used by officers in the Suffolk Police Department.
. There was conflicting testimony as to exact- ' ly how many people were near the vehicle, but all of the officers testified that Defendant, his wife, and Harvey were either near or inside the vehicle.
.Testimony from three of the five officers at the suppression hearing confirmed that not all of them participated in the foot chases. However, none of the officers indicated in any way, by either blocking the vehicle with their vehicle or verbally, that Defendant’s wife was not free to leave the scene.
. In his dissent, Justice Brennan indicates that the majority rule set forth in Belton "grants police officers authority to conduct a warrantless ‘area’ search under circumstances where there is no chance that the arrestee 'might gain possession of a weapon or destructible evidence.' ” 453 U.S. at 468, 101 S.Ct. 2860 (Brennan, J., dissenting) (quoting Chimel, 395 U.S. at 763, 89 S.Ct. 2034). Therefore, under the Belton reasoning, officers may have been able to search the car incident to the arrest of Defendant.
. The Government asserts in its brief that law enforcement may seize a car at the scene of .an arrest if it has probable cause, and search the vehicle at a later time and place. Chambers, 399 U.S. at 52, 90 S.Ct. 1975 (Where vehicle could have been searched on the spot when stopped because there existed probable cause, it could have still been searched at the station-house); Michigan v. Thomas, 458 U.S. 259, 261-262, 102 S.Ct. 3079, 73 L.Ed.2d 750 (1982); United States of America v. Chavis, 880 F.2d 788, 791 (4th Cir. 1989) ("The Supreme Court has made it abundantly clear the neither the passage of several hours between the arrest and the search nor the immobilization of the vehicle by placing it in police custody invalidates the probable cause basis for conducting a warrantless automobile search.”); United States v. Gastiaburo, 16 F.3d 582, 586-87 (4th Cir. 1994). However, the Government fails to recognize that the vehicle must first be lawfully seized at the arrest scene before conducting a warrantless search based on probable cause alone. Thomas, 458 U.S. at 261, 102 S.Ct. 3079. In all of the cases mentioned above, the facts indicate that the vehicles in question were lawfully seized incident to the arrest and later searched. Here, officers allowed the vehicle to leave and lawful seizure at the place of arrest did not occur. Therefore, while the Government is correct in its assertion that a warrantless search need not occur at the time and place of the arrest, the warrantless seizure must in order for it to be lawful. United States v. Johns, 469 U.S. 478, 484, 105 S.Ct. 881, 83 L.Ed.2d 890 (1985) ("There is no requirement that the warrantless search of a vehicle occur contemporaneously with its lawful seizure ") (emphasis added); See discussion infra Part II.C.
. United States v. Ross, 456 U.S. 798, 808-809, 102 S.Ct. 2157, 72 L.Ed.2d 572 (1982) ("In the defining the nature of this 'exception' to the general rule that 'in cases where the securing of a warrant is reasonably practical, it must be used,'.. .the Court in Carroll emphasized the importance of the requirement that officers have probable cause to believe that the vehicle contains contraband.”); Chambers, 399 U.S. at 51, 90 S.Ct. 1975 (Carroll. .. holds a search warrant unnecessary where there is probable cause to search an automobile stopped on the highway; the car is movable, the occupants are alerted, and the car's contents may never be found again if a warrant must be obtained.); United States v. Muhammad, 658 F.2d 249, 252 (4th Cir. 1981) ("Most courts agree that when a moving car is stopped by law enforcement officials who have probable cause to search the car, Chambers permits.. an immediate warrantless search...”); Bullock, 94 F.3d at 899.
. One officer stated that he did not witness the this alleged transaction while the other two claimed to see slightly different events occur. Moreover, the Government's brief states facts which differ from the testimony of the officers.
. The Court cannot accept, through any stretch of logical reasoning, that probable cause still existed after police officers allowed the vehicle to depart. If officers possessed such an urgent need to search the vehicle, they should have: (1) searched it immediately at the scene and should not have allowed it to depart, or (2) seized the vehicle at the scene. Chambers, 399 U.S. at 52, 90 S.Ct. 1975 ("For constitutional purposes, we see no difference between on the one hand seizing and holding a car before presenting the probable cause issue to a magistrate and on the other hand carrying out an immediate search without a warrant. Given probable cause to search, either course is reasonable under the Fourth Amendment") (emphasis added). Nothing in the Fourth Amendment or in long established Supreme Court precedent indicates that officers can later determine they made an error, seize a vehicle from private property, and then conduct a warrantless search. See United States v. Ross, 456 U.S. 798, 807, n. 9, 102 S.Ct. 2157, 72 L.Ed.2d 572 ("The Court held that if police officers have probable cause to justify a warrantless seizure of an automobile on a public roadway, they may conduct an immediate search of the contents of that vehicle”) (emphasis added). This is precisely the type of situation the provisions of Fourth Amendment are designed to encompass. See Coolidge 403 U.S. at 480, 91 S.Ct. 2022 ("If we were to agree...that the police may, whenever they have probable cause, make a warrantless entry for the purpose of making an arrest, and that seizures and searches of automobiles are likewise per se reasonable given probable cause, then by the same logic any search or seizure could be carried out without a warrant, and we would simply have read the Fourth Amendment out of the Constitution”). The Court cannot allow law enforcement to emasculate well settled constitutional protections in order to cure their own mistake.
. The Court notes that the Supreme Court has implied that exigent circumstances are never necessary to justify a warrantless search, but has never expressly stated such a conclusion without first noting that the vehicle in question was somehow readily mobile. See Search And Seizure, supra at 477-81, 91 S.Ct. 2022. As a result, lower courts have split when interpreting its meaning. See United States v. Reed, 26 F.3d 523 (5th Cir. 1994) (holding that Camey notwithstanding, "the fact that a car is moveable alone is not sufficiently exigent circumstances to justify a war-rantless search”); United States v. Reis, 906 F.2d 284 (7th Cir. 1990) ("the inherent mobility of automobiles by itself provides the only exigent circumstances needed”).
. The fact that Coolidge has never been overturned lends more support to this Court's view that the Supreme Court has eliminated a showing of exigency only when there is at least a minimal showing that a vehicle is in
. Although the Government argues that the car was seized incident to Defendant's arrest, seizure of the vehicle must have occurred at the scene of the arrest, not fifteen minutes later after officers allowed the vehicle to depart the scene, see supra note 5.
. Testimony from all three officers indicated that Defendant’s wife was told that she had to give them the keys because the car was being seized as evidence. None of the testimony indicated that officers obtained actual consent to seize the vehicle.
. The Government also cites 18 U.S.C. § 981(a)(1)(B), but does so incorrectly. Section 981(a)(1)(B) allows forfeiture of property "derived from or traceable to, any proceeds obtained directly or indirectly from an offense against a foreign nation...” 18 U.S.C. § 981(a)(1)(B) (Michie Supp. 2002) (emphasis added). Therefore, it is inapplicable in this context.
. The Government asserted in its Motion for reconsideration that tire Supreme Court upheld the warrantless seizure of defendant’s vehicle because they had probable cause to believe the vehicle itself was contraband. While this may have been part of the Supreme Court's reasoning, it was not the express holding. Florida v. White, 526 U.S. at 561, 119 S.Ct. 1555 ("In this case we must decide whether the Fourth Amendment requires the police to obtain a warrant before seizing an automobile from a public place when they have probable cause to believe that it is forfeitable contraband. We hold that it does not”).
Reference
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- United States v. Ronald Lee BROOKINS
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