United States v. Tyron Freeman
2012 U.S. App. LEXIS 17526
| 7th Cir. | 2012Background
- Freeman and Garner participated in a Springfield, Illinois undercover narcotics sting targeting cocaine distribution.
- The informant described a silver minivan used by the dealers; Freeman and Garner arrived at the designated time/place for the exchange.
- The officers stopped the van for traffic violations after the scene; no drugs were found in the stop or on the occupants.
- Freeman was strip-searched at the jail and a bag of crack cocaine was found concealed between his buttocks.
- A drug dog had previously alerted at the stop, and a redial of Carter’s phone call linked Freeman to the armrest phone in the van.
- Freeman faced a career-offender sentence of 360 months based on prior drug offenses; the district court affirmed suppression rulings and imposed the bottom of the guideline range.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Probable cause for arrest standard | Freeman argues no probable cause for arrest existed. | The government contends probable cause existed from the sting setup, van description, raspy voice, and phone linkage. | Probable cause existed to arrest Freeman for attempted distribution of cocaine. |
| Strip-search reasonableness | The search violated Fourth Amendment without sufficient reasonable suspicion. | Strip search justified by known drug history, conduct, and concealment risk. | Strip search was reasonable given (i) nature of offense, (ii) prior concealment history, and (iii) Freeman’s conduct. |
| Sentence reasonableness | Long sentence not warranted due to small prior quantities and non-repeat status. | Within-guidelines sentence appropriate given persistent drug trafficking history. | 360-month sentence within the properly calculated guidelines range; not substantively unreasonable. |
Key Cases Cited
- United States v. Hicks, 650 F.3d 1058 (7th Cir. 2011) (probable cause standards and reasonable grounds for arrest)
- Mary Beth G. v. City of Chicago, 723 F.2d 1263 (7th Cir. 1983) (strip searches and danger of contraband in detention)
- Kraushaar v. Flanigan, 45 F.3d 1040 (7th Cir. 1995) (requirements for reasonable suspicion before strip search)
- United States v. Devenpeck, 543 U.S. 146 (U.S. 2004) (probable cause evaluated on the known facts at arrest)
- United States v. Pringle, 540 U.S. 366 (U.S. 2003) (probable cause for warrantless arrest; reasonable belief of guilt)
- Wyoming v. Houghton, 526 U.S. 295 (U.S. 1999) (passenger’s right to search incident to arrest in car)
- Colon, 549 F.3d 565 (7th Cir. 2008) (probable cause tied to timing of drug sale)
- Bell v. Wolfish, 441 U.S. 520 (U.S. 1979) (detention facility security and contraband concerns)
- Florence v. Bd. of Chosen Freeholders, 132 S. Ct. 1510 (S. Ct. 2012) (lawful strip searches under jail policies and substantial evidence standard)