United States v. Iev, Juvenile Male
705 F.3d 430
9th Cir.2012Background
- I.E.V., a juvenile, challenged a frisk conducted at a border checkpoint 100 miles from the border after a canine alerted to contraband.
- Mendez, the Defendant's companion, and the Defendant exited the vehicle; the canine did not alert on either after exit.
- Officer DeBusk obtained consent to search the vehicle; a canine inspection occurred with no drugs found.
- Officer Cooper/COP testified Mendez appeared nervous; Defendant allegedly displayed nervous behavior; the district court did not credit Defendant’s nervousness as much as Mendez’s.
- Officer San Ramon frisked the Defendant and, without permission, lifted his shirt to reveal a brick-shaped object taped to his abdomen; a second brick was later found on Mendez.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the frisk was justified at inception | Canine alert and proximity created reasonable suspicion | No specific, articulable facts showed Defendant was armed or dangerous | Frisk not justified; unconstitutional from inception |
| Whether the frisk stayed within proper scope | If justified, pat-down may include feeling for weapon; may lead to seizure of contraband | Immediate identification of contraband was not shown; two-brick object not immediately apparent | Frisk exceeded scope; contraband discovery invalid |
Key Cases Cited
- Terry v. Ohio, 393 U.S. 1 (1968) (establishes limited frisk for weapons when justified at inception)
- Ybarra v. Illinois, 444 U.S. 85 (1979) (propinquity to others not enough for stop/search absent articulable suspicion)
- U.S. Currency, 228 F.3d 1080 (9th Cir. 2000) (helps evaluate whether a frisk was justified and whether an object was immediately identifiable)
- Miles, 247 F.3d 1009 (9th Cir. 2001) (limits pat-downs to prevent fishing expeditions; requires identifiable weapon concern)
- Dickerson, 508 U.S. 366 (1993) (immediate identification standard for items found during frisk)
- Arvizu, 534 U.S. 266 (2002) (totality of circumstances governs reasonable-suspicion analysis)
- Thomas, 863 F.2d 622 (9th Cir. 1988) (illustrates how a lawful frisk may follow investigation rather than immediately)
- Berryhill, 445 F.2d 1189 (9th Cir. 1971) (companions of arrestee doctrine; difference from Terry frisk context)