930 F. Supp. 2d 11
D.D.C.2013Background
- Government moves to reconsider order suppressing evidence from warrantless car search; court previously held Fourth Amendment violation and fruits of the poisonous tree; Government contends probable cause to arrest for POCA existed when search began; Court applies as justice requires standard for interlocutory reconsideration despite no criminal Rule; Court reviews Perkins, Washington, and Bean; Denies motion and issues scheduling/order with Speedy Trial Act exclusion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether reconsideration of an interlocutory order in a criminal case is appropriate and which standard applies | Government seeks reconsideration under as justice requires; | Defendant urges use of the as justice requires standard to assess merits; | Denied; reconsideration denied but standard adopted as justice requires. |
| Whether there was probable cause to arrest for POCA at the time the warrantless search began | Police had probable cause to arrest the driver for POCA. | Totality of circumstances did not establish probable cause. | No probable cause established at the time of search. |
| Whether Perkins, Washington, and Bean support the government's assertion of probable cause | These authorities show situations supporting open-container probable cause. | Facts here do not align with those authorities; open container not clearly identified as contraband. | These cases do not justify probable cause given the present facts. |
| Whether the court properly denied reconsideration and issued related orders | Reconsideration needed to correct misapprehensions. | No error in denial; arguments already considered. | Reconsideration denied; procedural directives issued. |
Key Cases Cited
- Perkins v. United States, 936 A.2d 303 (D.C. 2007) (whether police could arrest for known open-container violation; not about how container was known.)
- United States v. Washington, 670 F.3d 1321 (D.C. Cir. 2012) (probable cause for POCA based on totality of circumstances.)
- United States v. Bean, 17 A.3d 635 (D.C. 2011) (open-container probable cause where container content identifiable.)
- Arias v. DynCorp, 856 F. Supp. 2d 46 (D.D.C. 2012) (standard for reconsideration; not to re-litigate merits.)
- McLaughlin v. Holder, 864 F. Supp.2d 134 (D.D.C. 2012) (reconsideration principles and merit review in[D.D.C.])