United States v. McCraney
674 F.3d 614
6th Cir.2012Background
- McCraney charged with felon in possession of firearm and ammunition under 18 U.S.C. § 922(g)(1); suppression of firearm and statements denied.
- Massillon police stopped Buick for high-beam failure; Ammons and McCraney claimed to be lost; license status issues noted.
- Officers observed movements suggesting concealment; McCraney’s and Ammons’ licenses suspended; Buick registered to McCraney.
- After confirmation, McCraney attempted to exit the vehicle; officers prepared for arrest and arranged for aunt to retrieve them.
- At scene with multiple officers, occupants were moved behind the Buick; gun found under driver’s seat; both arrested.
- District court granted suppression; government appealed; court reviews factual findings for clear error and legal conclusions de novo.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the search was valid as incident to arrest under Gant. | McCraney and Ammons could access the vehicle. | They were not within reaching distance; no valid incident-to-arrest search. | Not valid under Gant; search not incident to arrest. |
| Whether the search was permissible under reasonable suspicion to justify a protective search under Long. | Suspicious movements and circumstances support reasonable suspicion. | Movements insufficient to indicate danger or immediate weapon access. | No reasonable suspicion; protective search invalid. |
Key Cases Cited
- Arizona v. Gant, 556 U.S. 332 (2009) (limits vehicle searches incident to arrest to specific scenarios)
- Chimel v. California, 395 U.S. 752 (1969) (Chimel rule for search of area within immediate control)
- New York v. Belton, 453 U.S. 454 (1981) (vehicle search incident to occupancy; pre-Gant rule)
- Thornton v. United States, 541 U.S. 615 (2004) (limits on vehicle searches incident to arrest)
- Atwater v. City of Lago Vista, 532 U.S. 318 (2001) (probable cause to stop; authority for arrests)
- Graham, United States v. Graham (6th Cir. 2007) (factors for reasonable suspicion in protective searches)
- Caruthers, 458 F.3d 459 (6th Cir. 2006) (totality of circumstances in evaluating suspicion)
- United States v. Bennett, 410 F.3d 810 (6th Cir. 2005) (show of authority and seizure context)
- United States v. Rawlings, 448 U.S. 98 (1980) (arrest timing and searches related to probable cause)