Please ensure Javascript is enabled for purposes of website accessibility

Suppression of evidence

By: Derek Hawkins//August 30, 2016//

Suppression of evidence

By: Derek Hawkins//August 30, 2016//

Listen to this article

7th Circuit Court of Appeals

Case Name: United States of America v. Djuane McPhaul

Case No.: 16-1162

Officials: EASTERBROOK and WILLIAMS, Circuit Judges, and YANDLE, District Judge

Focus: Suppression of evidence

Body armor worn by appellant was properly denied suppression as the pat down that revealed the body armor was valid and lawful.

“McPhaul says that even if there was probable cause to arrest him, the body armor was still discovered through an unreasonable search. He argues that his violations were relatively minor so they did not justify the officers’ use of their “felony stop” procedures (including removing McPhaul from the car and patting him down). The argument is fundamentally misplaced. Whether the officers acted in accordance with their departmental policies, or even state law, is irrelevant. Virginia v. Moore, 553 U.S. 164, 176 (2008). Federal constitutional law—the applicable law—is clear. Having lawfully arrested McPhaul, the officers were allowed to pat him down. Id. at 176–78; United States v. Robinson, 414 U.S. 218, 235 (1973) (“A custodial arrest of a suspect based on probable cause is a reasonable intrusion under the Fourth Amendment; that intrusion being lawful, a search incident to the arrest requires no additional justification.”). There was no Fourth Amendment violation, so the district judge did not err in denying McPhaul’s motion to suppress.”

Affirmed

Full Text


Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

Polls

Should Wisconsin Supreme Court rules be amended so attorneys can't appeal license revocation after 5 years?

View Results

Loading ... Loading ...

Legal News

See All Legal News

WLJ People

Sea all WLJ People

Opinion Digests