United States v. Beauchamp
2011 U.S. App. LEXIS 21498
| 6th Cir. | 2011Background
- At about 2:30 a.m. on February 15, 2008, Officer Fain stopped Beauchamp near the Jacob Price housing project after a prior encounter with Officer Dees.
- Beauchamp walked away from Dees; Fain drove up, ordered him to stop, and directed him to move around a fence toward the officer.
- Beauchamp complied with the officer's instructions; Fain frisked him, found no weapon, and Beauchamp agreed to a search.
- During the search, Beauchamp had $1,300 and a cell phone, and a plastic fragment in his boxers led Fain to suspect drugs.
- Officer Dees arrived at the scene (timing disputed), assisted in the confrontation, and Beauchamp was then found to be in possession of crack cocaine.
- Beauchamp was indicted for possession with intent to distribute crack cocaine; the district court denied the motion to suppress the evidence; Beauchamp pleaded guilty to Count 1.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the initial encounter was a consensual seizure or a seizure | Beauchamp | Beauchamp | Stop was an unlawful seizure; not consensual |
| Whether the stop was supported by reasonable articulable suspicion | Beauchamp | Beauchamp | There was no reasonable and articulable suspicion |
| Whether Beauchamp validly consented to a search | Beauchamp | Beauchamp | Consent was involuntary and tainted by the illegal seizure |
| Whether the taint from the illegal seizure was attenuated by intervening events or timing | Beauchamp | Beauchamp | Attenuation failed; taint not dissipated; evidence suppressed |
Key Cases Cited
- Florida v. Bostick, 501 U.S. 429 (U.S. 1991) (consensual encounters may involve police questions without suspicion)
- Brendlin v. California, 551 U.S. 249 (U.S. 2007) (seizure occurs when a reasonable person would not feel free to leave)
- Terry v. Ohio, 392 U.S. 1 (U.S. 1968) (establishes reasonable suspicion standard for investigative stops)
- United States v. Place, 462 U.S. 696 (U.S. 1983) (reasonable suspicion for stops based on specific, objective facts)
- Brown v. Illinois, 422 U.S. 590 (U.S. 1975) (attenuation factors in evaluating taint from prior misconduct)
- Kaupp v. Texas, 538 U.S. 626 (U.S. 2003) (consent attenuated by intervening circumstances considered in taint analysis)
- Lopez-Arias, 344 F.3d 623 (6th Cir. 2003) (attenuation analysis for consent after illegal seizure)