United States v. Joseph Donahue
2014 U.S. App. LEXIS 16221
| 3rd Cir. | 2014Background
- Donahue, convicted of fraud and sentenced to 121 months, failed to surrender and a warrant was issued for his arrest; he was arrested in Las Cruces, NM, while exiting a Ford Mustang he was driving (the car belonged to his son).
- United States Marshals seized the Mustang, photographed and performed an initial inventory-style search (no warrant); items including closed bags were removed and retained.
- An FBI agent later re-inventoried the car, discovered a Glock magazine behind the driver’s seat, x‑rayed the vehicle, and five days after arrest agents opened previously seized bags from the trunk and found a Glock semi-automatic pistol.
- Donahue moved to suppress evidence from the Mustang and a hotel room; the district court suppressed both for lack of probable cause (the government did not appeal the hotel-room suppression).
- On appeal the government argued the automobile exception justified the warrantless vehicle searches because probable cause existed to believe the car contained evidence that Donahue knowingly failed to surrender.
- The Third Circuit held the automobile exception applied: the government had probable cause to search the Mustang; subsequent searches and the five‑day delay were lawful; the district court’s suppression of Mustang evidence was reversed and the case remanded.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Applicability of the automobile exception (probable cause to search vehicle) | Donahue: government lacked probable cause because items in plain view (maps, newspapers, luggage) were not contraband and his crime was already completed when he failed to surrender. | Government: cumulative facts (failure to surrender, flight, messy car, typical fugitive possession of false IDs) gave a fair probability vehicle contained evidence of the crime. | Held: Probable cause existed to search the Mustang for evidence of failure to surrender; automobile exception applies. |
| Expectation of privacy / standing to challenge searches | Donahue: asserted expectation of privacy in vehicle and contents despite not owning the car and using an alias at hotel. | Government: could have argued Donahue forfeited expectation of privacy as a fugitive or prisoner (but did not preserve this on appeal). | Held: Court did not decide forfeiture; it assumed standing (government failed to preserve argument), and proceeded to resolve search under automobile exception. |
| Scope and timing of searches (multiple searches; delay while impounded) | Donahue: repeated searches and delayed opening of bags transform inventory into unconstitutional search. | Government: once probable cause justified initial seizure/search, automobile exception permits search of every part of vehicle and its contents (including closed containers) and delay/ multiple searches while government maintains control do not dissipate probable cause. | Held: Multiple searches and five‑day delay were permissible; officers could open closed bags and repeat searches while maintaining control. |
| Whether probable cause requires belief of contraband vs evidence of crime | Donahue: emphasized lack of contraband in plain view; argued search required showing contraband would be found. | Government: probable cause can be founded on fair probability of finding evidence (not only contraband); evidence of crime suffices. | Held: Rejected the contraband/‘‘mere evidence’’ distinction; probable cause may be based on likelihood of discovering evidence of a crime. |
Key Cases Cited
- United States v. Ross, 456 U.S. 798 (1982) (if probable cause justifies vehicle search it justifies search of every part that may conceal object of search)
- United States v. Johns, 469 U.S. 478 (1985) (warrantless search of containers seized from an impounded vehicle days later can be reasonable)
- Maryland v. Dyson, 527 U.S. 465 (1999) (automobile exception does not require exigency—probable cause survives immobilization)
- Illinois v. Gates, 462 U.S. 213 (1983) (probable cause is a practical, commonsense totality‑of‑the‑circumstances inquiry; ‘‘fair probability’’ standard)
- Ornelas v. United States, 517 U.S. 690 (1996) (probable cause determinations are reviewed de novo; evaluate events leading up to search from reasonable officer perspective)
- Katz v. United States, 389 U.S. 347 (1967) (Fourth Amendment protects reasonable expectation of privacy)
- United States v. Salmon, 944 F.2d 1106 (3d Cir. 1991) (automobile exception requires probable cause that vehicle contains evidence of a crime)