United States v. Wyche

907 F. Supp. 127, 1995 WL 708081
CourtDistrict Court, D. Maryland
DecidedMay 5, 1995
DocketCrim. No. L-94-0487
StatusPublished

This text of 907 F. Supp. 127 (United States v. Wyche) is published on Counsel Stack Legal Research, covering District Court, D. Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Wyche, 907 F. Supp. 127, 1995 WL 708081 (D. Md. 1995).

Opinion

MEMORANDUM AND ORDER

LEGG, District Judge.

On March 31, 1995, this Court held a hearing on defendant’s motion to suppress evidence and motion to exclude 404(b) evidence. For the reasons given below, these motions are denied.

The motion to exclude 404(b) evidence is easily disposed of because the government represented at the hearing that it would not seek to introduce any such evidence against Wyche at trial. The motion is, therefore, denied as moot.

As to the motion to suppress, several exhibits were introduced at the hearing, and one witness, Detective Richard Petrie, of the Baltimore City Homicide Unit, testified. Based upon the evidence presented at the hearing and on the papers submitted, the Court makes the following findings of fact.

I. FACTS

On December 3, 1994, Joe Wright was murdered outside a store, located on North Charles Street. The details of the murder are particularly vivid. Wright was sitting in the driver’s seat of a gold BMW, which is owned by the defendant in this ease, Daryl Wyche. A gunman, as yet unidentified, opened fire from a second story window; the fusillade shattered most of the BMW’s windows, riddling Wright’s body. Wright made some effort to defend himself. The police found a fully automatic Mac-1 near Wright’s hand.

The police arrived, cordoned off the crime scene, and summoned a mobile crime unit. After Wright’s body had been removed, the mobile unit conducted an initial forensic investigation. The BMW was then towed to the crime lab processing area (a specially equipped secure area) in the garage at Baltimore City Police Headquarters. The forensic team began to process the car the next day, December 4, 1994.

On the night of the murder, Det. Petrie was assigned to the case. On December 4, 1994, at approximately 2:00 pm, Petrie received a call, informing him that the forensic unit was finished with the car.1

As Petrie testified, the ear could not be towed from the secure area to the police impoundment lot until he signed a release. Shortly after 2:00 pm, Petrie visited the ear to conduct a final search.

Petrie had two reasons for his search. First, as the lead detective, Petrie was “going over” the car personally to see if the forensic team had “missed anything.” Second, because the car was being impounded, he was conducting an inventory search to determine whether there was anything of value left in the car. If so, he would log the items on an evidence form and place them in the evidence locker.

During the search, Petrie pulled down the armrest in the backseat of the car, and discovered a 9 mm glock pistol. Wyche, a twice convicted felon, is being charged with possession of this gun, in violation of 18 U.S.C. § 922(g).2

At the hearing, Detective Petrie testified, on cross-examination, to the following:

(i) He had no probable cause to believe that there was a gun in the BMW;
(ii) Daryl Wyche did not consent to the search of the BMW;
(iii) Because the car was in a secure area, there were no “exigent circumstances” at the time of the search;
(iv) He is not, himself, specially trained in forensics;
[129]*129(v) He had not secured a search and/or seizure warrant for the automobile;
(vi) Because of where it was located, the 9 mm handgun was not in “plain view”;
(vii) He had time to approach a magistrate for a warrant prior to searching the car; and
(viii) The search was not incident to an arrest of defendant Wyehe, who was not placed under arrest prior to the search of the car.

II. ANALYSIS

During oral argument, Wyche’s counsel conceded that the police were constitutionally authorized, absent a warrant, to seize the BMW and tow it to police headquarters. At the time the vehicle was taken into custody, it was not only mobile, but it was itself evidence of the murder of Joe Wright and it contained other evidence concerning the murder.3 Wyche argues, however, that once the specialist had notified Petrie that forensics was finished, Petrie could not further search the car without first obtaining a warrant.

Wyehe contends that Petrie was not conducting a true inventory search, but, after the fact, had seized upon the inventory exception to the warrant requirement to justify an otherwise illegal search. In support of this argument, Wyche points to Baltimore City Police Department General Order 4-91, which requires an officer, when conducting an inventory search of a motor vehicle, to list everything in the motor vehicle to safeguard the property of the owner of the vehicle and to protect the police department against claims of property loss. Petrie testified that he only intended to inventory those things of value rather than everything in the car.4

For the purpose of this motion, the Court need not determine whether Petrie’s search of the BMW sufficiently complied with the requirements of General Order 4-91 to qualify under the inventory search exception to the warrant requirement.5 The Court has determined that it was objectively reasonable for Petrie to conduct a search of the vehicle. His motivations for doing so, therefore, are constitutionally irrelevant. United States v. Newbourn, 600 F.2d 452, 454-55 (4th Cir.1979); See also Scott v. United States, 436 U.S. 128, 137, 98 S.Ct. 1717, 1723, 56 L.Ed.2d 168 (1978).

When the police have probable cause to believe that a vehicle contains the fruits, instrumentalities, or evidence of a crime, they may search the vehicle without a warrant. Carroll v. United States, 267 U.S. 132, 45 S.Ct. 280, 69 L.Ed. 543 (1925); United States v. Ross, 456 U.S. 798, 809, 102 S.Ct. 2157, 2164-65, 72 L.Ed.2d 572 (1982); United States v. Whitley, 734 F.2d 994, 998 (4th Cir.1984), cert. denied, 474 U.S. 873, 106 S.Ct. 196, 88 L.Ed.2d 164 (1985). In this ease, the BMW not only contained evidence of a murder, but it was itself evidence. Thus, the police had the right to inspect the vehicle on the scene, take it to headquarters, and inspect it for a reasonable amount of time. In fact, the defendant concedes this point. The defendant contends, however, that the constitutional line was crossed when the forensic team notified Petrie that they were through and requested Petrie to release the car. After this point, Wyche contends, Petrie was obliged to obtain a search warrant, which would permit him to inspect the vehicle further.

In support of his argument, Wyche points to no case which stands squarely for this proposition. Rather, his argument is an extrapolation from the Supreme Court’s holding in

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Carroll v. United States
267 U.S. 132 (Supreme Court, 1925)
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399 U.S. 42 (Supreme Court, 1970)
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423 U.S. 67 (Supreme Court, 1975)
South Dakota v. Opperman
428 U.S. 364 (Supreme Court, 1976)
Scott v. United States
436 U.S. 128 (Supreme Court, 1978)
Mincey v. Arizona
437 U.S. 385 (Supreme Court, 1978)
United States v. Ross
456 U.S. 798 (Supreme Court, 1982)
Michigan v. Thomas
458 U.S. 259 (Supreme Court, 1982)
United States v. Johns
469 U.S. 478 (Supreme Court, 1985)
United States v. Tommy Lee Whitley
734 F.2d 994 (Fourth Circuit, 1984)
United States v. Zachary Marshall
986 F.2d 1171 (Eighth Circuit, 1993)

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Bluebook (online)
907 F. Supp. 127, 1995 WL 708081, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-wyche-mdd-1995.