United States v. Davis, 2024 WL 4432499 (7th Cir. 2024)
In Gary, Indiana, a 15-year-old girl called 911 and reported Michael Davis had threatened to kill her mother (Davis’ former girlfriend). The girl described Davis and indicated he was outside their home and had a gun in his car. As the call continued, the girl informed dispatch the family had left the home in their minivan and was driving toward the local police station. She described both the family’s minivan and Davis’s GMC Terrain and begged dispatch to send officers to intervene.
Within minutes, Sgt. Manuel spotted Davis following the Honda Odyssey. After pulling Davis and the minivan over, the officer frisked and handcuffed the man. According to Manuel, “Davis was being boisterous — he was continuing to yell and scream.” Backup officers arrived and another officer spoke with the teenage caller to get more details. Officers arrested Davis and searched his vehicle, recovering a loaded, semi-automatic shotgun with an obliterated serial number. Davis was charged with being a felon in unlawful possession of a firearm.
Davis unsuccessfully asked the trial court to suppress the shotgun, arguing the search violated the Fourth Amendment. The trial court ruled the warrantless search of Davis’ vehicle was justified under both the search-incident-to-arrest and automobile exceptions to the warrant requirement.
Davis appealed the denial of his suppression motion. He argued neither the search-incident-to-arrest nor the automobile exception applied in this case. There are generally two situations in which an officer can search a vehicle under the search-incident-to-arrest exception to the Fourth Amendment warrant requirement. First, when “the arrestee is within reaching distance of the passenger compartment at the time of the search,” and second, when “it is reasonable to believe the vehicle contains evdence of the offense of arrest.” A search incident to arrest is lawful only when the underlying arrest is lawful.
At the time the officer handcuffed Davis, he knew a 911 caller had reported a man named Michael Davis who had made threats to kill, who “stood outside their home, with an assault rifle in his car.” The man was reportedly driving a tan GMC Terrain and following the caller and her family. The court easily found the 911 caller’s report established the elements of felony intimidation. Moreover, the officer saw Davis driving his GMC Terrain behind the family’s minivan. When Sgt. Manuel pulled Davis over, he confirmed Davis matched the description given in the 911 call and confirmed Davis’ identity. The court held there was probable cause to arrest Davis. Thus, the underlying arrest was valid.
The court also held the search-incident-to-arrest and automobile exceptions to the warrant requirement both justified the search of Davis’ vehicle because it was reasonable to believe Davis’ vehicle contained evidence of the crime. The report to 911, along with the officer’s rapid corroboration of Davis’ identity, vehicle description and proximity to the teenage 911 caller, established probable cause to believe Davis’ vehicle contained evidence of intimidation — the assault weapon reported by the caller. Davis was sentenced to seven- and one-half years in prison.
