United States v. McGregor
2011 U.S. App. LEXIS 10883
| 1st Cir. | 2011Background
- McGregor was indicted for being a felon in possession of a firearm and ammunition.
- He moved to suppress evidence from a warrantless car search; the district court denied.
- McGregor pled guilty conditionally, preserving appellate review of the suppression ruling.
- Officers observed a late-night shooting linked to Magnolia Street Gang and followed a suspect Honda.
- The Honda occupants, including McGregor, fled from the hospital scene after the shooting.
- A protective search was conducted under Long after perceiving potential danger to officers, leading to discovery of a firearm and cocaine in a center-console hide.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was there reasonable suspicion to justify a limited protective search? | McGregor argues lack of reasonable suspicion. | McGregor contends no objective basis for fear of weapons. | Yes; the totality supported reasonable suspicion of weapons. |
| Was the prolonged protective search within Long’s scope? | McGregor argues excessive intrusion. | McGregor’s actions were within Long’s protective-search scope. | Yes; the actions were permissible under Long given danger concerns. |
| Did the officers’ use of traffic violations as a basis render the search pretextual? | McGregor claims the stop was pretextual. | Officers had probable cause from traffic violations; motive irrelevant per Whren. | No; stop supported by probable cause, motive immaterial under Whren. |
| Did the post-stop discoveries provide probable cause to access the console hide? | McGregor contends lack of basis to open the panel. | Findings justified opening the console under Long after initial suspicions. | Yes; later findings reasonably supported deployment of the panel access. |
Key Cases Cited
- Whren v. United States, 517 U.S. 806 (U.S. 1996) (subjective motives irrelevant to stop legality)
- Long v. United States, 463 U.S. 1032 (U.S. 1983) (limited protective search for weapons in auto must be narrowly tailored)
- Lott v. United States, 870 F.2d 778 (1st Cir. 1989) (requires objectively reasonable basis for fear for safety)
- Arvizu v. United States, 534 U.S. 266 (U.S. 2002) (totality-of-the-circumstances approach to reasonable suspicion)
- United States v. Belton, 453 U.S. 454 (U.S. 1981) (search incident to arrest limits scope to passenger compartment)
- Arizona v. Gant, 556 U.S. 332 (U.S. 2009) (limits on searches incident to arrest; preserves Belton/Long framework)