483 F. App'x 252
6th Cir.2012Background
- Lurry, a felon, sought suppression of a shotgun and statements; the shotgun was seized during a roadside detention for license suspension.
- During a routine Memphis traffic stop, officers approached Lurry’s car after furtive movements; a plastic bag with shotgun shells was found on the rear seat.
- A sawed-off shotgun was recovered from under the passenger seat after an officer searched the vehicle; Lurry was charged with being a felon in possession of a firearm under 18 U.S.C. § 922(g).
- The district court denied suppression under the plain-view doctrine; Lurry entered a conditional guilty plea and appealed.
- The court held the plain-view doctrine did not apply because the incriminating character of the shells was not immediately apparent, but a protective search under Michigan v. Long was permissible.
- The judgment of the district court was affirmed on the protective-search grounds; the government’s misstatement about Lurry’s exit timing was noted but not dispositive.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether plain-view seizure of shotgun shells was proper | Lurry: incriminating nature not immediately apparent; plain-view does not apply. | Lurry: relies on plain-view standard; not satisfied here. | No; plain-view does not apply. |
| Whether a protective search under Michigan v. Long was valid | Lurry: search beyond permissible scope. | Officers had reasonable belief weapon could be in car; safety justified. | Yes; protective search permissible. |
Key Cases Cited
- Minnesota v. Dickerson, 508 U.S. 366 (1993) (plain-view: immediate incriminating character required; plain-view exceptions limited by awareness of criminality)
- United States v. Garcia, 496 F.3d 495 (6th Cir.2007) (immediacy of criminality required for plain-view)
- Michigan v. Long, 463 U.S. 1032 (1983) (protective search during Terry stop for weapons safety)
- Terry v. Ohio, 392 U.S. 1 (1968) (reasonable suspicion allows limited stop-and-frisk)
- United States v. Arvizu, 534 U.S. 266 (2002) (reasonable suspicion may rely on totality of circumstances)
- United States v. Walker, 615 F.3d 728 (6th Cir.2010) (Gant not controlling in no-arrest, vehicle-access context)