Johnson v. United States
7 A.3d 1030
D.C.2010Background
- Johnson was convicted of unlawful possession of a controlled substance after police found marijuana in her purse during a car search following discovery of a handgun on the floor of the car.
- Patrol officers observed a Volvo reported stolen, with three occupants including Johnson seated behind the driver.
- The officers arrested all occupants after confirming the car was stolen and a handgun was present.
- During the search, officers found a purse on the rear seat; another officer found marijuana inside the purse within seconds.
- Judge Epstein denied the suppression motion, finding there was reason to believe evidence of a weapons offense existed in the passenger compartment and applying Gant to permit a search of the compartment and containers within it.
- The Court affirmed, holding the purse search was permissible incident to a lawful arrest under Gant, and thus marijuana was admissible
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the purse search was permissible under Gant | Johnson argues no reliance on Gant; insufficient basis to search | The government contends the search was authorized by Gant as incident to arrest | Yes; search valid under Gant |
| Whether there was reasonable basis to believe the car contained evidence of offense | There was no probable cause to search the vehicle | Officers had reason to believe more weapons or ammunition could be found | Yes; there was reasonable belief evidence related to the weapons offense in the car |
| Scope of purse search and ownership considerations | Search exceeded permissible scope by focusing on Johnson's property | Containers in the passenger compartment may be searched without regard to ownership | Yes; containers in the passenger compartment may be searched incident to arrest |
Key Cases Cited
- Arizona v. Gant, 556 U.S. 332 (U.S. 2009) (vehicle search after recent occupant arrest; reasonable to believe evidence in car)
- Staten v. United States, 562 A.2d 90 (D.C. 1989) (containers may be searched during vehicle search irrespective of ownership)
- Wyoming v. Houghton, 526 U.S. 295 (U.S. 1999) (passenger belongings may be searched when probable cause exists to search car)
- United States v. Ross, 456 U.S. 798 (U.S. 1982) (scope of automobile searches to concealment of object)
- Chimel v. California, 395 U.S. 752 (U.S. 1969) (original justification for search-incident-to-arrest; contemporaneous search scope)