267 So. 3d 882
Ala. Crim. App.2018Background
- Deputies responded to a welfare check and found Michael Cheatwood passed out in his car in a Dollar General parking lot.
- Deputy McGahee smelled alcohol, observed an open alcohol container in the console, and Cheatwood admitted he had been drinking.
- McGahee ordered Cheatwood out of the vehicle and conducted a patdown for officer safety; during the patdown Cheatwood revealed a pocketknife and a pill bottle protruding from his back pocket.
- Cheatwood attempted to conceal the bottle behind his back and pass it between his hands before McGahee seized it; field test later indicated methamphetamine.
- The circuit court granted Cheatwood’s pretrial motion to suppress the pill bottle and its contents as products of an unlawful Terry frisk; the State appealed.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Cheatwood) | Held |
|---|---|---|---|
| Whether the officer had reasonable suspicion to conduct a Terry stop and frisk | McGahee had reasonable suspicion based on welfare-check context, odor of alcohol, open container, admission of drinking, and experience—frisk justified for officer safety | Patdown lacked particularized reasonable suspicion that Cheatwood was armed and dangerous | Court reversed: frisk was reasonable under Terry given totality of circumstances |
| Whether seizure of the pill bottle exceeded the scope of a Terry frisk (plain-view seizure) | Bottle was in plain view during a lawful frisk; its incriminating nature was immediately apparent given circumstances and officer experience | Even if frisk valid, seizure exceeded frisk scope and therefore evidence should be suppressed | Court held seizure lawful under the plain-view doctrine and affirmed admissibility of the bottle |
Key Cases Cited
- Terry v. Ohio, 392 U.S. 1 (1968) (authorizes limited stop-and-frisk on reasonable suspicion for officer safety)
- Michigan v. Long, 463 U.S. 1032 (1983) (vehicle stops raise special safety concerns justifying protective searches)
- Pennsylvania v. Mimms, 434 U.S. 106 (1977) (officer safety is a legitimate justification for certain officer actions during traffic stops)
- Texas v. Brown, 460 U.S. 730 (1983) (clarifies ‘‘immediately apparent’’ and plain-view probable-cause standard)
- Poole v. State, 596 So.2d 632 (Ala. Crim. App. 1992) (four-part test for plain-view warrantless seizure)
- Nix v. State, 136 So.3d 1101 (Ala. Crim. App. 2013) (probable-cause/probability standard for recognizing incriminating character in plain view)
- State v. Hill, 690 So.2d 1201 (Ala. 1996) (when facts undisputed, appellate review of suppression is de novo)