United States v. Brown
United States Court of Appeals for the Seventh Circuit
233 Fed. Appx. 564 (2007)
- Written by Arlyn Katen, JD
Facts
Officer Hale pulled Brown (defendant) over for failing to wear a seatbelt and running through a stop sign. Hale told Brown that he believed Brown accelerated and ran the stop sign to attempt to flee. Hale asked Brown for consent to search Brown’s car, and when Brown refused, Hale claimed he would have a dog sniff the car. Officer Craig saw Brown reach inside of his jacket pocket and alerted Hale. Brown then ran from his car, pushing Hale aside. Both officers wrestled Brown to the ground, and Hale pepper-sprayed him. During the struggle, Hale saw Brown pull a small brown paper bag from his shirt and hold it in his right hand. While Brown resisted arrest, he kept his right hand positioned beneath his body on the ground. Ultimately, the officers handcuffed Brown and locked him in a patrol car. They did not find anything after a cursory search of Brown’s body and the area of the car stop and struggle, so Hale searched Brown more thoroughly inside the patrol car. In the crotch of Brown’s pants, Hale found a small brown bag of crack cocaine. The district court denied Brown’s motion to suppress the drugs, and he entered a conditional guilty plea and preserved his right to appeal the suppression motion.
Rule of Law
Issue
Holding and Reasoning (Per curiam)
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