United States v. Tyron Rashod Barber
2015 U.S. App. LEXIS 1659
| 11th Cir. | 2015Background
- Police stopped a car; driver Geofrey Robinson was arrested for driving with a suspended license and consented to a search of the vehicle.
- Tyrone Barber, a passenger, was ordered out of the car; officers saw a purple bag on the passenger-side floorboard and (initially) did not know its owner.
- An officer looked inside the bag and found a handgun, Barber’s business cards, and a photo of Barber with his children; a records check revealed Barber was a convicted felon.
- Barber was indicted under 18 U.S.C. § 922(g) for possession of a firearm by a convicted felon; he moved to suppress the gun and statements from the stop.
- The district court found Barber had Fourth Amendment standing and that Robinson’s consent authorized the search (apparent and possibly actual authority); Barber was convicted after a bench trial and sentenced to 33 months.
Issues
| Issue | Barber's Argument | Government's Argument | Held |
|---|---|---|---|
| Standing to challenge search of bag | Barber had a reasonable expectation of privacy in his bag at his feet | Passenger lacks expectation in car interior; no standing to challenge search | Barber had standing to challenge search of his bag |
| Authority to consent to search of bag | Driver lacked authority to consent to search a bag belonging to Barber | Driver consented; officers reasonably believed driver had authority | Driver had apparent authority to consent; search valid |
Key Cases Cited
- Miranda v. Arizona, 384 U.S. 436 (Miranda warnings and custodial interrogation)
- Minnesota v. Carter, 525 U.S. 83 (standing requires subjective and objectively reasonable expectation of privacy)
- Hudson v. Palmer, 468 U.S. 517 (emphasis on objective reasonableness of expectation of privacy)
- United States v. Freire, 710 F.2d 1515 (reasonable expectation of privacy in personal briefcase in third party’s car)
- Illinois v. Rodriguez, 497 U.S. 177 (apparent authority: objective test for consent by third party)
- Terry v. Ohio, 392 U.S. 1 (objective standard for reasonable belief by officer)
- United States v. Lee, 586 F.3d 859 (passenger’s expectation of privacy in vehicle interior)
- United States v. Harris, 526 F.3d 1334 (passenger’s lack of possessory interest in car interior)
- United States v. Jaras, 86 F.3d 383 (distinguishable where officer was told the bag did not belong to consenting party)