United States v. Ewing
2011 U.S. App. LEXIS 7065
| 9th Cir. | 2011Background
- Deputy Doke stopped a car for expired registration; three occupants included Vera (owner/driver), Smith (passenger), and Ewing (backseat).
- Ewing told Smith he had counterfeit bills; Smith concealed them in the weatherstripping between the door and window.
- Deputy Doke saw the folded bills during discussions with Smith, seized and unfolded them, then observed identical serial numbers on some bills.
- No occupant claimed ownership of the money; Deputy Doke detained the occupants after Smith admitted involvement with counterfeit currency.
- With Vera’s consent, the car was searched, revealing suitcases later shown to belong to Ewing, containing printing equipment and more counterfeit bills; Ewing confessed after Miranda rights were administered.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Standing to contest the search | Ewing had standing to challenge removal of the money. | Ewing lacked standing to challenge the car search but had standing to challenge the removal of money. | Fourth Amendment standing to challenge the removal of money was recognized; waiver issue discussed and resolved. |
| Probable cause to search the car | No probable cause to search the car based on the money’s concealment. | Totality of circumstances supported probable cause due to parolee, nervousness, concealment, and drug-courier patterns. | Probable cause existed to search the car; the money’s location and surrounding factors sufficed. |
| Unfolding the bills as a separate search | Unfolding the bills was a second, unjustified search requiring independent probable cause. | No separate search; unfolding was within the scope of the valid car search. | Unfolding did not constitute a separate search; the bills were within the scope of the initial probable-cause search. |
Key Cases Cited
- Arizona v. Hicks, 480 F.2d 321 (U.S. 1987) (reaffirmed need for independent justification for moving items during a valid intrusion)
- Wyoming v. Houghton, 526 U.S. 295 (U.S. 1999) (probable cause extends to containers within a lawfully searched vehicle)
- United States v. Ross, 456 U.S. 798 (U.S. 1982) (search of vehicle and contents under probable cause)
- Florida v. White, 526 U.S. 559 (U.S. 1999) (examining contents within a lawfully seized vehicle is permissible)
- Rakas v. Illinois, 439 U.S. 128 (U.S. 1978) (Fourth Amendment standing is not jurisdictional)