401 F. App'x 14
6th Cir.2010Background
- Reagan, a federal prisoner, appealed a district court denial of his motion to suppress evidence following a warrantless arrest during a 4 a.m. incident at a gas station.
- Deputy Faulkner observed Reagan move a gun from his pants pocket to the driver’s door and later found a loaded pistol in the car’s center console, prompting arrest and subsequent vehicle inventory.
- Faulkner cuffed Reagan, read Miranda rights, and learned Reagan had a prior felony conviction; the magistrate judge grappled with whether the arrest occurred before or after that knowledge.
- A tow and inventory search of Reagan’s car uncovered drug evidence (crack and powder cocaine) and a bottle of liquor.
- The magistrate judge denied suppression, the district court adopted the recommendation, and Reagan argued there was no probable cause for the arrest and that the inventory/search was invalid.
- On appeal, the Sixth Circuit reviewed de novo legal conclusions about probable cause while deferring to district court factual findings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Probable cause to arrest for weapons | Reagan lacked probable cause for any weapons arrest. | Faulkner had probable cause based on observed weapon movement and loaded guns in the car. | Probable cause existed for a misdemeanor weapons arrest. |
| Inventory search validity | Inventory search was unconstitutional following an unlawful arrest. | Search incident to arrest or inventory search was proper; Reagan waived Terry-type arguments. | Search validity treated as waived; upheld district court. |
| Terry stop/reasonable suspicion | Faulkner lacked reasonable suspicion for any Terry stop. | Any Terry stop issues were abandoned or not preserved on appeal. | Issue deemed abandoned; no reversal on Terry grounds. |
Key Cases Cited
- Beck v. Ohio, 379 U.S. 89 (1964) (probable-cause standard governs arrest validity)
- United States v. Campbell, 486 F.3d 949 (6th Cir. 2007) (probable cause requires more than reasonable suspicion)
- United States v. Anderson, 923 F.2d 450 (6th Cir. 1991) (knowledge of exact crime not needed if crime by defendant is shown)
- United States v. Sandridge, 385 F.3d 1032 (6th Cir. 2004) (inventory searches and waiver considerations)
- New York v. Belton, 453 U.S. 454 (1981) (search incident to arrest framework)
- Brown v. Konteh, 567 F.3d 191 (6th Cir. 2009) (adequacy of briefing and preservation of issues)
- United States v. Hough, 276 F.3d 884 (6th Cir. 2002) (issues inadequately developed on appeal)
- United States v. Reed, 220 F.3d 476 (6th Cir. 2000) (permits consideration of weapons-permit defenses)