United States v. Reyes Campos, 2016 U.S. App. LEXIS 5199

Three Kansas City police officers found Campos lying incoherently on a sidewalk next to a fallen bicycle with an attached unzipped bag after a call requesting possible medical assistance.
Officer Phelps handcuffed and frisked Campos (no weapons found) and attempted to move the bicycle because it was impeding pedestrian traffic and might be taken into custody if Campos was transported.
When Phelps righted the bicycle the unzipped bag fell open; Phelps saw a firearm in plain view, then removed a second firearm and drug paraphernalia beneath it.
After confirming Campos’s identity and learning he was a convicted felon, officers arrested him; methamphetamine was later recovered from Campos’s clothing at the hospital.
Campos moved to suppress the firearms and drug evidence as the product of an unconstitutional search; he later conditionally pled guilty to being a felon in possession and appealed denial of suppression and a supervised-release condition banning new tattoos.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether moving the bicycle and exposing the bag’s contents constituted a Fourth Amendment search requiring suppression	Phelps’s movement of the bicycle was a purposeful manipulation of Campos’s personal effects; like Gant, a post-arrest investigatory search was unlawful because Campos was handcuffed and not a danger to officers	Movement did not amount to a search; bicycle had to be moved because it impeded pedestrian traffic and the bag’s contents were then plainly visible in a public area	Movement did not constitute a search; plain-view observation of the gun was lawful; suppression denied
Whether the supervised-release condition prohibiting new tattoos (while on release) is permissible	The tattoo ban is unrelated to the offense, rehabilitation, deterrence, or public protection and infringes First Amendment expressive rights	Tattoos could impede financial rehabilitation (costs) and thus hinder compliance with court-ordered programs; the restriction is limited in duration	Tattoo ban as applied on supervised release was not reasonably related to § 3553(a) purposes; court modified condition to remove prohibition during supervised release but left the in-prison prohibition intact

Terry v. Ohio, 392 U.S. 1 (establishes stop-and-frisk reasonable-suspicion standard)
Payton v. New York, 445 U.S. 573 (plain-view seizure principle)
Arizona v. Gant, 556 U.S. 332 (limits vehicle searches incident to arrest)
United States v. Wheat, 278 F.3d 722 (8th Cir. standard of review for suppression rulings)
United States v. Muhlenbruch, 682 F.3d 1096 (standards for supervised-release conditions)
United States v. Simons, 614 F.3d 475 (abuse-of-discretion review for supervised-release conditions)
United States v. Mefford, 711 F.3d 923 (limitations on supervised-release conditions and relation to § 3553(a))
United States v. Rodriguez, 484 F.3d 1006 (treating district court factual findings as binding when not objected to)