United States v. Carlisle

614 F.3d 750, 2010 U.S. App. LEXIS 17026, 2010 WL 3155876
CourtCourt of Appeals for the Seventh Circuit
DecidedAugust 11, 2010
Docket10-1173
StatusPublished
Cited by47 cases

This text of 614 F.3d 750 (United States v. Carlisle) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Carlisle, 614 F.3d 750, 2010 U.S. App. LEXIS 17026, 2010 WL 3155876 (7th Cir. 2010).

Opinion

FLAUM, Circuit Judge.

On February 18, 2008, Eddie Lamar Carlisle was arrested at the home of Michael Chapman during a drug sweep. Two officers caught Carlisle fleeing from the back of the house while two other officers entered the front door of the house. Car-lisle was carrying a closed backpack with him. The officers searched the backpack and found marijuana, crack, a scale, a spatula, and packaging materials. Carlisle was charged with one count of knowingly possessing with intent to distribute five grams or more but less than fifty grams of a mixture containing a detectable amount of cocaine base and one count of possessing with intent to distribute marijuana. Car-lisle moved to suppress the evidence found in the bag, arguing that the search violated his Fourth Amendment rights. The district court held a suppression hearing. At the hearing, Carlisle claimed that the backpack was not his and that someone in the house asked him to carry the bag to the garage. The district court denied the motion to suppress on the ground that Carlisle did not have standing to raise a Fourth Amendment challenge to the search of the bag because he did not have a privacy interest in the bag. Carlisle pleaded guilty but reserved his right to appeal the district court’s denial of his motion to suppress. Because we agree with the district court that Carlisle did not have a reasonable expectation of privacy in the bag, we affirm.

I. Background

The series of events that led up to the arrest of Eddie Lamar Carlisle began in *753 the middle of the afternoon of February 18, 2008, when Sergeant Thomas Strausborger of the Fort Wayne Police Department executed a search warrant several doors down from Michael Chapman’s residence. While there, Strausborger observed people coming and going from Chapman’s residence in a manner that he considered indicative of a drug operation. Considering the suspicious traffic pattern and several tips his office had previously received, Strausborger contacted Detective Andrew Irick, who worked with the agency that monitors home detention detainees, and told Irick about his suspicions.

That evening, Officers Michael Smothermon, Matthew Snyder, Andrew Irick, and Jeff Halsey went to Chapman’s house to perform an unannounced visit to search for drugs. Chapman was a home detention detainee who voluntarily submitted to wearing a tracking device on his ankle and consented to announced and unannounced searches of his home as part of the home detention program. Because of Chapman’s status as a home detainee, the officers did not need a search warrant. At the house, Smothermon and Snyder went to the back while Irick and Halsey remained in the front. Although all of the officers were in radio contact, the record does not precisely reflect how the timeline of what occurred in front of the house lines up with the timeline of events behind the house. Upon arriving, Irick knocked on the front door and identified himself as a police officer. Irick saw a woman peek out and begin to play with the lock. Officer Halsey looked through a side window and saw a man, a woman, and a younger child moving around the living room. Irick and Halsey heard glass breaking inside the house and then the woman opened the front door.

At some point between when the officers in front first knocked and when the officers gained access to the house through the front door, Carlisle exited through the back door of the house. Prior to Carlisle exiting the house, Officer Smothermon saw someone look out of the vertical blinds on the side of the house. Then, according to Officer Smothermon, Carlisle exited the rear of the house in a nervous manner, paused for a second glancing around, and began to run toward the alleyway behind the garage. Carlisle was carrying a backpack with him. When Carlisle started to run, Officer Smothermon came out of his hiding position and ordered Carlisle to stop. Officers Smothermon and Snyder did not know who Carlisle was and thought he may be Chapman trying to escape. Smothermon drew his taser and ordered Carlisle to the ground. Snyder drew his gun. Carlisle put the bag down and laid down on the ground. Smothermon handcuffed Carlisle. The officers said that they handcuffed Carlisle because he was attempting to flee and because they feared for officer safety due to the nature of the search of the house. Around the same time that the officers in front gained access to the house, one of the two officers in the back of the house radioed the front door officers to tell them that they apprehended an individual attempting to flee.

Inside the house, the officers conducted a consent search. The officers secured the adults in the dining room area and performed a protective sweep of the home. Because it was cold outside, the officers took Carlisle inside. The officers also grabbed the backpack and brought it into the house. Inside the home, Officer Snyder asked Carlisle for identification while Officer Smothermon patted him down to determine whether he had any weapons, which he did not. Officer Snyder also searched the bag that Carlisle had been carrying. Officer Snyder testified that he could not determine the contents of the bag without opening it. There is no testimony that Officer Snyder attempted to do *754 a pat-down of the bag to determine if it contained weapons without opening it. When Officer Snyder opened the backpack he saw a clear plastic bag containing a green leafy substance and an off-white substance in the shape of a cookie, which turned out to be crack. Based on his experience, Officer Snyder recognized the green leafy substance as marijuana. He did not recognize the off-white substance. Officer Snyder also saw a scale with a powder residue on it, a spatula, and packaging materials in the bag. At that time, Officer Snyder read Carlisle his Miranda rights. According to Officer Snyder, Car-lisle denied knowledge of the contents of the bag. Carlisle did not claim or deny ownership of the bag at that time.

Carlisle moved to suppress the evidence found in the bag. At the suppression hearing, Carlisle gave the following testimony concerning his relationship to the bag:

Q: You were taking the bag to the
garage?
A: Yes, sir.
Q: Going to throw it away?
A: No. Just asked me to put it there.
Q: They asked you to put it in there?
A: He, he asked me.
Q: Who asked you?
A: Michael Chapman.
Q: Because it wasn’t your bag, right?
A: No.
Q: It was Chapman’s bag?
A: Yes, sir.
Q: You didn’t know what was it in?
A: No.

The district court denied the motion to suppress the evidence. First, the district court found that the initial stop was a proper Terry stop based on reasonable suspicion arising from Carlisle’s exiting the rear of a house that was being searched in connection with suspected drug activity.

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Cite This Page — Counsel Stack

Bluebook (online)
614 F.3d 750, 2010 U.S. App. LEXIS 17026, 2010 WL 3155876, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-carlisle-ca7-2010.