United States v. Edwards
2011 U.S. App. LEXIS 25930
| 4th Cir. | 2011Background
- Edwards was convicted of possession with intent to distribute cocaine base under 21 U.S.C. § 841 and sentenced to 120 months after a conditional guilty plea.
- Edwards moved to suppress evidence from a police search of his person, which included cutting a baggie off his penis with a knife.
- The search occurred at night on a public street after Edwards was detained and handcuffed during an attempted transport to the station.
- The baggie tied around Edwards' penis contained smaller blue baggies with cocaine base; officers observed and then retrieved it.
- The district court denied suppression; on appeal, the Fourth Circuit vacated and remanded, finding the search unreasonable under the Fourth Amendment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the underwear search was a strip search under Fourth Amendment | Edwards: search was strip search requiring privacy and justification | Edwards: search fell within permissible pat-down; not a strip search | Yes; court held the search was a strip search |
| Reasonableness of the Bell framework factors for sexually invasive search | Edwards: intrusion excessive; dangerous manner invalidates reasonableness | Edwards: intrusion within Bell factors balanced with justification | Search deemed unreasonable under Bell framework |
| Whether use of a knife to remove contraband was permissible | Edwards: knife removal created unnecessary risk and violated reasonable conduct | Bailey's knife removal necessary to retrieve contraband | Unreasonable; exclusion of evidence required |
| Whether exclusion of the evidence was proper remedy | Edwards: exclusion unnecessary given other routes to remedy | Exclusion appropriate to deter Fourth Amendment violations | Exclusionary remedy warranted; conviction vacated and remanded |
Key Cases Cited
- Amaechi v. West, 237 F.3d 356 (4th Cir. 2001) (strip-search framework for sexually invasive searches)
- Safford Unified Sch. Dist. No. 1 v. Redding, 557 U.S. 364 (2009) (limits of strip searches; exposure in school context)
- Bell v. Wolfish, 441 U.S. 520 (1979) (flexible test for reasonableness of sexually invasive searches)
- United States v. Williams, 477 F.3d 974 (8th Cir. 2007) (relevance of manner of seizure and privacy in searches)
- Logan v. Shealy, 660 F.2d 1007 (4th Cir. 1981) (private location considerations for strip searches)