222 F. Supp. 3d 965
D. Kan.2016Background
- On April 7, 2016 Officer Jared Henry stopped Gary Cooks driving a tan Chevy Impala for driving with a suspended license after a prior aggravated-assault report identified a similar car and suspect.
- Officer Henry had seen a recent Facebook video of Cooks apparently brandishing a firearm and knew Cooks was a convicted felon.
- During the stop Henry conducted a protective sweep of the passenger compartment (for officer safety) and found an unlabeled prescription pill bottle in the center console containing ~20 pills.
- Cooks said the pills were Lortabs prescribed after dental work, offered to show dental work or insurance but had no label; Henry found Cooks’s explanations suspicious.
- Henry arrested Cooks for suspected illegal possession of narcotics and then searched the entire vehicle without a warrant, discovering a handgun and marijuana in the trunk.
- Cooks moved to suppress evidence recovered from the trunk; the court upheld the protective sweep but suppressed the trunk search for lack of probable cause.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Lawfulness of protective sweep of passenger compartment | Cooks: sweep exceeded scope of search incident to arrest and Gant limits | Officer: sweep was a Terry/Michigan v. Long protective sweep justified by reported brandishing and video | Court: Protective sweep lawful under Terry/Long for officer safety; not governed by Gant |
| Whether pill bottle and Cooks’ statements gave probable cause to search entire vehicle (including trunk) | Cooks: pill bottle + explanation insufficient for probable cause; officer should have obtained a warrant or impounded car | Officer: inconsistent answers, unlabeled bottle, and demeanor provided probable cause to search for narcotics and other contraband | Court: Evidence supported only reasonable suspicion, not probable cause; trunk search unlawful and evidence suppressed |
Key Cases Cited
- Arizona v. Gant, 556 U.S. 332 (limit on vehicle searches incident to arrest)
- Michigan v. Long, 463 U.S. 1032 (applying Terry to vehicle passenger compartment protective sweeps)
- Terry v. Ohio, 392 U.S. 1 (officer may frisk/search for weapons on reasonable, articulable suspicion)
- New York v. Belton, 453 U.S. 454 (search incident to arrest rule for vehicle passenger compartments)
- Chimel v. California, 395 U.S. 752 (scope of search incident to arrest)
- Ornelas v. United States, 517 U.S. 690 (objective, de novo review of probable cause determinations)
- Alabama v. White, 496 U.S. 325 (distinguishing reasonable suspicion from probable cause)