People of Michigan v. Keshaun Dante Bailey
329620
| Mich. Ct. App. | Jan 12, 2017Background
- Defendant Keshaun Dante Bailey was a passenger in a minivan stopped by Officer Chad Jagotka after a caller reported a disturbance and the vehicle matched the description; the van also bore an improper license plate.
- Bailey initially gave an alias, then admitted he had outstanding warrants and, while exiting the minivan, admitted possession of marijuana.
- Police searched the minivan and a locked safe inside it and recovered a firearm and less than 25 grams of heroin; Bailey was charged with carrying a concealed weapon, possession of heroin, felony-firearm, and possession of marijuana.
- Bailey moved to suppress the firearm and heroin recovered from the locked safe; the trial court granted suppression.
- The prosecution appealed; on remand from the Michigan Supreme Court, the Court of Appeals reviewed whether the search was lawful as a search incident to arrest under Fourth Amendment doctrine.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the search of the minivan and its locked safe was lawful as a search incident to a lawful arrest | The search was lawful as incident to arrest because officers reasonably could believe evidence of the offense of arrest (marijuana possession) would be found in the vehicle and containers | The search was not justified as incident to arrest (trial court excluded the evidence) | Reversed: search was reasonable under the search-incident-to-arrest exception; officers could reasonably believe vehicle and safe might contain evidence related to the arrest |
Key Cases Cited
- Arizona v. Gant, 556 U.S. 332 (search-incident-to-arrest in vehicle permitted when it is reasonable to believe vehicle contains evidence of the crime of arrest)
- New York v. Belton, 453 U.S. 454 (vehicle-occupant arrest can supply basis to search passenger compartment and containers)
- Thornton v. United States, 541 U.S. 615 (similar vehicle-search principles to Belton)
- Chimel v. California, 395 U.S. 752 (scope of search incident to arrest defined by officer safety and evidence preservation)
- Terry v. Ohio, 392 U.S. 1 (reasonableness inquiry based on facts known to officer and totality of circumstances)
- United States v. Arvizu, 534 U.S. 266 (deference to law enforcement experience in assessing reasonableness of suspicion)
- People v. Tavernier, 295 Mich. App. 582 (framework for assessing reasonableness of vehicle searches incident to arrest under Gant)
- People v. LoCicero (After Remand), 453 Mich. 496 (totality-of-circumstances reasonableness standard)