United States v. Michael Matthews

532 F. App'x 211
CourtCourt of Appeals for the Third Circuit
DecidedJuly 25, 2013
Docket12-1309
StatusUnpublished
Cited by17 cases

This text of 532 F. App'x 211 (United States v. Michael Matthews) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third 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. Michael Matthews, 532 F. App'x 211 (3d Cir. 2013).

Opinions

OPINION

FUENTES, Circuit Judge:

Suspecting that Appellant Michael Matthews and another man were about to rob a check cashing store, Philadelphia Police stopped Matthews and conducted a frisk of his person. After learning that Matthews was wanted on two outstanding warrants, he was arrested, and the backpack he was carrying was seized. Officers placed Matthews in the backseat of a police car and opened and searched the backpack prior to placing it in the trunk. Inside, police discovered a handgun, gloves, and duct tape. Before trial, Matthews moved to suppress the evidence recovered, arguing that the warrantless search of his backpack violated the Fourth Amendment. The Government responded that the search was necessary to ensure the safety of the officers. For the following reasons we will affirm the District Court’s denial of Matthews’ motion to suppress.

I. BACKGROUND

A. Surveillance and Arrest

After receiving a tip that several black males wearing burkas — head-to-toe gar-[214]*214merits traditionally worn by Muslim women — had been loitering outside a check cashing store during opening hours, Philadelphia Police established surveillance outside of the store. On the morning of Friday, June 12, 2009, officers noticed two black men acting suspicious. The officers eventually approached the men, one of whom was Michael Matthews. At the time, Matthews was carrying a green and white striped “suitcase backpack” on one of his shoulders. App. 180; see App. 1114A, 1114B (photos of backpack).

Officer Michael Frisco and his partner Officer Joanne Pomeroy, an eight-year veteran of the force, asked Matthews to place his backpack on the ground and put his hands in the air, which he did. Frisco then proceeded to pat-down Matthews and confirmed that he had no weapons on his person. Matthews provided Frisco with identification upon request, and a subsequent warrant check uncovered that Matthews had two active bench warrants — one for theft of services and one for four scofflaw tickets. As a result of the active warrants, Matthews was placed under arrest.

Officer Frisco handcuffed Matthews and walked him across the street to a police car while Officer Pomeroy recovered Matthews’ backpack from the ground.1 After Matthews had been secured in the backseat of the car — handcuffed with the door closed and locked from the outside — Pomeroy opened and searched Matthews’ backpack while standing next to the car. Inside she found a roll of duct tape, a pair of gloves, and a .22 caliber handgun.2 The officers then placed the backpack into the trunk of the police car and transported it, along with Matthews, to the police station for processing.

B. Suppression Hearings

In January 2010 Matthews was charged in a five-count superseding indictment with one count of conspiracy to commit robbery, in violation of 18 U.S.C. § 1951(a); two counts of attempted robbery, in violation of 18 U.S.C. § 1985; one count of carrying a firearm during and in relation to a crime of violence, in violation of 18 U.S.C. § 924(c); and one count of possessing a firearm after conviction of a felony, in violation of 18 U.S.C. § 922(g). Matthews promptly moved to suppress the evidence recovered from his backpack, arguing that (1) the evidence was derived from an investigatory stop that was illegal and thus constituted “fruit of the poisonous tree,” and (2) even if the initial stop was lawful, the warrantless search of his backpack violated the Fourth Amendment because it did not fall under any of the established exceptions to the warrant requirement.

At the initial suppression hearing held on March 26, 2010, the Government argued that the search of Matthews’ backpack was valid under the “search incident to arrest” exception. After the Government presented its evidence, the District Court expressed skepticism that the search could be justified as a search incident to Matthews’ arrest, as Matthews was secured in the police car at the time of the search. Ultimately, the Court deferred ruling on the issue and allowed the parties to submit supplemental briefing.

In its supplemental briefing, the Government argued that the search of Matthews’ [215]*215backpack could be justified either as a search incident to arrest or as a valid “inventory search,” or, in the alternative, that the contraband in the backpack would have been inevitably discovered when the backpack was inventoried at the police station. In support of its inventory search argument, the Government submitted evidence regarding the Philadelphia Police Department’s policy for searches prior to transporting an arrestee.

Philadelphia Police Department Memorandum 99-14 (hereinafter “Policy 99-14” or the “policy”) addresses the search of personal property seized pursuant to an arrest. The policy reads as follows:

A. In the case of U.S. v. Chadwick, the United States Supreme Court established guidelines regarding the search of luggage seized pursuant to an arrest.

II. POLICY

A. The scope of a search incident to a lawful arrest is limited to the person arrested and the area within his/her immediate control.
B. The search of personal property immediately associated with the person of the defendant does not require a search warrant. (Example: Wallets, pocketbooks, etc.)
C. “When an individual carrying a suitcase, briefcase, footloeker, etc. is arrested, the luggage may be seized. However, the contents of the luggage are generally not within the immediate control of the person arrested and therefore, the luggage can only be opened pursuant to the guidelines set forth below.

III. GUIDELINES

A. When the arresting officer has probable cause to believe that a suitcase, briefcase, footloeker, etc. may contain contraband or fruits or instruments of the crime, the luggage shall be seized but NOT opened until a search warrant has been properly secured.
B. In all cases in which exigent circumstances exist, an immediate search may be made at the time of the arrest.
However, the exigent circumstances must be clearly describable.
Examples of exigent circumstances: —Immediately dangerous instrumentalities, e.g. explosives.
—Definite possibility that evidence may be destroyed (highly perishable evidence, e.g. blood).
C. When the arresting officer has no reason to believe that the luggage contains contraband or evidence, the luggage shall be seized and held in police custody for safekeeping.
1. A Property Receipt (75-3) will be issued for the luggage in accordance with the procedures outlined in Directive 91.
2.

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532 F. App'x 211, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-michael-matthews-ca3-2013.