34 F. Supp. 3d 617
E.D. Va.2014Background
- Casper was arrested in a Burkeville motel by Chief Abel on a federal supervised release (probation) arrest warrant; officers learned Casper might be armed and had prior encounters with him and his associates.
- Casper was handcuffed and seated on a bed with his coat, while Fowlkes (with a knife) and another individual were present in the same small room.
- Chief Abel retrieved Casper’s coat after arrest, then, without a warrant, searched the coat pocket and found a gun.
- The search occurred at the motel room, shortly after Casper was handcuffed and moved toward the doorway, with other officers nearby.
- Casper moved to suppress the gun evidence on Fourth Amendment grounds, arguing the search was unlawful absent a warrant or applicable exception.
- The court granted the suppression motion, finding the coat search violated the Fourth Amendment and none of the warrantless-search exceptions applied.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the coat search was permissible under warrantless-search exceptions | Casper | Casper’s gun found in coat pocket within immediate control; exceptions apply | Not permissible; search invalid under Fourth Amendment |
| Whether protective sweep applies to justify search of coat | Casper | Protective sweep allowed a cursory search | Does not apply; no third-party danger in the immediate area |
| Whether clothing exigency applies to the coat search | Casper | Clothing exigency justified search for arrestee safety | Not applicable; arrestee had shoes, shirt, and coat not necessary for safety |
| Whether search incident to arrest permits coat-pocket search under Gant in non-vehicular context | Casper | Gant may extend to non-vehicular searches; reasonable access exists | Not allowed; under Gant as applied, arrestee had no reasonable access to coat; search unconstitutional |
Key Cases Cited
- Katz v. United States, 389 U.S. 347 (Supreme Court, 1967) (establishes warrantless searches per se unreasonable absent exceptions)
- Maryland v. Buie, 494 U.S. 325 (Supreme Court, 1990) (protective sweep doctrine for safety of officers and others)
- United States v. Gwinn, 219 F.3d 326 (4th Cir. 2000) (clothing exigency limited; cannot justify search to complete arrestee’s wardrobe)