At page 950 Justifying searches incident to arrest without prior seizure16 citing casesdictum
- United States v. David D. Lewis, 147 A.3d 236 (D.C. 2016).published Rawlings, 448 U.S. at 111 , 100 S.Ct. 2556 (citing, e.g., United States v. Brown, 150 U.S.App.D.C. 113, 114-15 , 463 F.2d 949, 950-51 (1972) (per curiam) (approving search incident to arrest where officer, who hád probable cause to believe…
- Millet v. United States, 977 A.2d 932 (D.C. 2009).published D.C. 113, 114, 463 F.2d 949, 950 (1972). 3 Thus the fact that the police searched Millet before formally placing him under arrest did not require the court to suppress the fruits of the search if the officers had probable cause to *936 arr…
- Prince v. United States, 825 A.2d 928 (D.C. 2003).publishedD.C. 113, 114, 463 F.2d 949, 950 (1972) (emphasis in original; citations omitted). 8 .
- Hill v. United States, 627 A.2d 975 (D.C. 1993).published“Even though a suspect has not formally been placed under arrest, a search of his person can be justified as incident to an arrest if an arrest is made immediately after the search, and if, at the time of the search, there was probable cau…
- United States v. Pedro Jolio Prandy-Binett, 995 F.2d 1069 (D.C. Cir. 1993).published We have credited officers’ recognition of: “a package resembling narcotics,” United States v. Thornton, 733 F.2d 121, 127 (D.C.Cir.1984); a distinctive “brown ‘change-type’ bag,” United States v. Russell, 655 F.2d 1261, 1262-63 (D.C.Cir.19…
- Minnick v. United States, 607 A.2d 519 (D.C. 1992).published"Even though a suspect has not formally been placed under arrest, a search of his person can be justified as incident to an arrest if an arrest is made immediately after the search, and if, at the time of the search, there was probable cau…
- West v. United States, 604 A.2d 422 (D.C. 1992).publishedA search may be justified as incident to an arrest “if [the] arrest is made immediately after the search, and if, at the time of the search, there was probable cause to arrest.” United States v. Brown, 150 U.S.App.D.C. 113, 114 , 463 F.2d…
- United States v. Gary Barrett Green, 670 F.2d 1148 (D.C. Cir. 1981).publishedSee, e.g., United States v. White, 655 F.2d 1302, 1303 (D.C.Cir.1981) (per curiam) (automobile *1152 frequently visited by known drug addicts); United States v. Davis, 561 F.2d 1014, 1016-17 (D.C.Cir.), cert. denied, 434 U.S. 929 , 98 S.Ct…
- United States v. Charles L. White, 655 F.2d 1302 (D.C. Cir. 1981).publishedUnited States v. Thomas, 551 F.2d 347, 348 (D.C.Cir.1976); United States v. Brown, 463 F.2d 949, 950 (D.C.Cir.1972); United States v. Davis, 458 F.2d 819 (D.C.Cir.1972).
- United States v. Charles M. Russell, 655 F.2d 1261 (D.C. Cir. 1981).published United States v. Brown, 463 F.2d 949, 951 (D.C.Cir.1972).
Show 6 more citing cases
- People v. Pierce, 411 N.E.2d 295 (Ill. App. Ct. 5th Dist. 1980).published (dictum)
- Rawlings v. Kentucky, 448 U.S. 98 (1980).published (dictum)
- United States v. John R. James, Jr., 555 F.2d 992 (D.C. Cir. 1977).publishedCompare United States v. Santana, 427 U.S. 38, 42-43 , 96 S.Ct. 2406, 2409-2410 , 49 L.Ed.2d 300, 305 (1976); Warden v. Hayden, 387 U.S. 294, 298 , 87 S.Ct. 1642, 1645 , 18 L.Ed.2d 782, 787 (1967), with United States v. Robinson, 414 U.S.…
- United States v. Fairh Riggs, 474 F.2d 699 (2d Cir. 1973).publishedSee Bailey v. United States, 128 U.S.App.D.C. 354 , 389 F.2d 305, 308 (1967) (Wright, J.) (dictum); id. at 316 (Leventhal, J., concurring); Henderson v. United States, 405 F.2d 874, 875 (5 Cir. 1968), cert. denied, 395 U.S. 906 , 89 S.Ct.…
- McWilliams v. United States, 298 A.2d 38 (D.C. 1972).publishedUnited States v. Brown, D.C.Cir., 463 F.2d 949, 950 (1972); Peterkin v. United States, D.C.App., 281 A.2d 567 (1971), cert. denied, 406 U.S. 922 , 92 S.Ct. 1788 , 32 L.Ed.2d 122 (1972). 6 .
- United States v. Alvin B. Thomas, 551 F.2d 347 (D.C. Cir. 1976).publishedSee, e. g., United States v. Brown, 150 U.S. App.D.C. 113, 463 F.2d 949, 950 (1972); United States v. Davis, 147 U.S.App.D.C. 400 , 458 F.2d 819, 822 (1972). 3 .
At page 951 Together ... [four individually insufficient factors] raised a reasonable probability, if not a certainty, that appellant had contraband ...2 citing cases
- United States v. Pedro Jolio Prandy-Binett, 5 F.3d 558 (D.C. Cir. 1993).published (Together ... [four individually insufficient factors] raised a reasonable probability, if not a certainty, that appellant had contraband ...)
- United States v. Charles M. Russell, 655 F.2d 1261 (D.C. Cir. 1981).published United States v. Brown, 463 F.2d 949, 951 (D.C.Cir.1972).
At page 949 “envelope of the type in which he had found narcotics on previous occasions”1 citing case
- United States v. Powell, Ronald, 483 F.3d 836 (D.C. Cir. 2007).published
150 U.S. App. D.C. at 115 cited at this page1 citing case
- Johnson v. United States, 367 A.2d 1316 (D.C. 1977).publishedHere, as in United States v. Brown, supra, at 115, 463 F.2d at 951 , the combination of factors “raised a reasonable probability, if not a certainty, that appellant had contraband narcotics in his possession.
Other citing cases
- United States v. Gwendolyn E. Johnson, 475 F.2d 977 (D.C. Cir. 1973).published
- United States v. Elias A. Kenaan, 496 F.2d 181 (1st Cir. 1974).published
v.
Reginald T. BROWN, Appellant
The sole issue in this appeal from a narcotics conviction (26 U.S.C. 4704(a) ) is the propriety of the District Court’s denial of appellant’s motion to suppress heroin capsules found in his possession.
On June 9, 1970, Metropolitan Police Officer Elijah Wade, on patrol in an area in which he had frequently observed what appeared to be narcotics transactions, saw appellant and another man alternately occupying a telephone booth without using the telephone. His suspicions aroused, Officer Wade approached the two men and identified himself. He noticed that appellant’s eyes were glassy, and concluded, on the basis of his experience with addicts, that appellant was “high” on narcotics. The officer also noticed, protruding from appellant’s shirt pocket, a cream-colored envelope of the type in which he had found narcotics on previous occasions. [1] He seized the envelope, which the court ruled to have been in plain view, and examined its contents. Finding that it held 145 capsules containing a white powder, Officer Wade formally notified appellant that he was under arrest.
Even though a suspect has not formally been placed under arrest, a search of his person can be justified as incident to an arrest if an arrest is made immediately after the search, and if, at the time of the search, there was probable cause to arrest. Bailey v. United States, 128 U.S.App.D.C. 354, 389 F.2d 305 (1967). See also United States v. Gorman, 355 F.2d 151 (2d Cir. 1965), cert. denied, 384 U.S. 1024, 86 S. Ct. 1962, 16 L.Ed.2d 1027 (1966). We conclude that Officer Wade had probable cause to arrest appellant at the time he removed the envelope from the latter’s pocket.
A combination of four factors was sufficient to lead Officer Wade reasonably to believe that a narcotics offense was being committed by appellant. First, the place was “an area in which the police know that narcotics offenses frequently occur.” United States v. Davis, 147 U.S.App.D.C. 400, 458 F.2d 819 (March 16, 1972). Officer Wade testified that he had observed numerous suspected narcotics transactions there, and in fact had seen known addicts[*951] abandon a number of capsules at the same corner on the previous night. Second, appellant’s eyes were glassy, indicating to a person with the officer’s experience that he was an addict who had possessed narcotics in the recent past. Third, appellant’s conduct with respect to the telephone booth was unusual, and raised the possibility that he was using the booth to traffic in narcotics or to shield himself while injecting narcotics. Fourth, and most important, the envelope protruding from appellant’s shirt pocket was of the exact type in which Officer Wade had previously found narcotics.
Standing alone, any one of these four factors would likely be insufficient to justify an arrest. Together, however, they raised a reasonable probability, if not a certainty, that appellant had contraband narcotics in his possession. Probable cause requires no more. See Beck v. Ohio, 379 U.S. 89, 91, 85 S.Ct. 223, 13 L.Ed.2d 142 (1964).
Affirmed.
. On the previous night Officer Wade had approached a group of known addicts on the same corner, and, when they fled, recovered a similar cream-colored envelope containing over twenty-five capsules.