From Casetext: Smarter Legal Research

U.S. v. Bell

United States Court of Appeals, Eighth Circuit
May 9, 1995
54 F.3d 502 (8th Cir. 1995)

Summary

holding that the Fourth Amendment was not violated when state officers made an arrest in violation of state law

Summary of this case from U.S. v. Erickson

Opinion

No. 94-3785.

Submitted April 11, 1995.

Decided May 9, 1995.

Lester Alan Paff, Asst. U.S. Atty., Des Moines, IA, argued (Jamie D. Bowers, Sp. Asst. U.S. Atty., on the brief), for appellant.

Alfredo Parrish, Des Moines, IA, argued, for appellee.

Appeal from the United States District Court for the Southern District of Iowa.

Before FAGG, Circuit Judge, HENLEY, Senior Circuit Judge, and BOWMAN, Circuit Judge.


The Government appeals the district court's order suppressing cocaine base seized from Theophilis Bell. Because the district court applied an incorrect legal standard in granting Bell's motion to suppress, we reverse and remand.

At 12:32 a.m. on June 22, 1994, two police officers saw Bell in Des Moines riding a bicycle without a headlight in violation of Iowa law. The officers recognized Bell as a gang member whose criminal history included convictions for drug trafficking. The officers were also aware local drug traffickers were using bicycles to transport drugs from the TNT Lounge, a nearby bar.

The officers stopped Bell and patted him down for their safety. The officers asked Bell who he was, where he was coming from, and who owned the bicycle he was riding. Bell responded he had just come from the TNT Lounge and he did not know who owned the bicycle. At that point, the officers arrested Bell for operating a bicycle without a headlight. The officers searched Bell incident to his arrest and asked him whether there was anything in his shoes. Bell said no and asked the officers whether they would like to check. Bell then took off his shoes and tried to throw away a package containing 14.8 grams of cocaine base.

Based on Bell's possession of the cocaine base, the Government charged Bell with violating federal drug laws. Bell filed a motion to suppress the cocaine under the Fourth Amendment. Holding Bell's arrest was unlawful under Iowa law, the district court granted the motion. The district court construed Iowa statutes as permitting the officers to issue Bell a citation for the bicycle charge, but not to arrest him. Because Iowa law did not authorize Bell's arrest for operating a bicycle without a headlight, the district court concluded the cocaine could not be validly seized incident to Bell's arrest.

In reviewing a district court's decision to grant or deny a motion to suppress, we review the district court's factual findings for clear error. United States v. Maholy, 1 F.3d 718, 720 (8th Cir. 1993). "We may reverse the district court's ultimate ruling on the suppression motion, however, if the ruling reflects an erroneous view of the applicable law." Id.

Evidence obtained by a search and seizure that violates the Fourth Amendment is inadmissible in a criminal trial. This exclusionary rule only requires a federal court to exclude evidence seized in violation of the Federal Constitution, however. United States v. Wright, 16 F.3d 1429, 1434 (6th Cir.), cert. denied, ___ U.S. ___, 114 S.Ct. 2759, 129 L.Ed.2d 874 (1994). Because states may impose rules for arrests, searches, and seizures that are more restrictive than the Federal Constitution, state law violations do not necessarily offend the Federal Constitution. Id. Thus, when a federal court must decide whether to exclude evidence obtained through an arrest, search, or seizure by state officers, the appropriate inquiry is whether the arrest, search, or seizure violated the Federal Constitution, not whether the arrest, search, or seizure violated state law. Id. at 1437; see United States v. Eastland, 989 F.2d 760, 767 (5th Cir.), cert. denied, ___ U.S. ___, 114 S.Ct. 246, 126 L.Ed.2d 200 and cert. denied, ___ U.S. ___, 114 S.Ct. 443, 126 L.Ed.2d 377 (1993).

A federal court generally does not look to state statutes to assess the validity of an arrest, search, or seizure under the Fourth Amendment. Wright, 16 F.3d at 1433; Maholy, 1 F.3d at 721. Fourth Amendment analysis requires reference to state law in only a few situations. See 1 Wayne R. LaFave, Search and Seizure § 1.5, at 34 (2d ed. Supp. 1994). For example, to show the reasonableness of an inventory search, the Government must show officers complied with state standardized procedures. Id. Nevertheless, we do not think Fourth Amendment analysis requires reference to an arrest's legality under state law. See id. at 35-36; United States v. Walker, 960 F.2d 409, 416 (5th Cir.), cert. denied, ___ U.S. ___, 113 S.Ct. 443, 121 L.Ed.2d 362 (1992). An arrest by state officers is reasonable in the Fourth Amendment sense if it is based on probable cause. See 1 LaFave, supra, § 1.5, at 35-36; Walker, 960 F.2d at 416. Thus, the district court should not have looked to Iowa law in deciding the lawfulness of Bell's arrest.

We reverse and remand to the district court for further proceedings consistent with this opinion. On remand, the district court should evaluate the case as if federal officers had stopped Bell. See United States v. Johnson, 12 F.3d 827, 835 (8th Cir.), cert. denied, ___ U.S. ___, 114 S.Ct. 1860, 128 L.Ed.2d 482 (1994). Besides considering whether the officers obtained the cocaine in a search incident to a lawful custodial arrest, the district court may want to consider whether Bell consented to the search.


Summaries of

U.S. v. Bell

United States Court of Appeals, Eighth Circuit
May 9, 1995
54 F.3d 502 (8th Cir. 1995)

holding that the Fourth Amendment was not violated when state officers made an arrest in violation of state law

Summary of this case from U.S. v. Erickson

holding that "the district court should not have looked to [state] law in deciding the lawfulness of [the defendant's] arrest" and directing the court, on remand, to "evaluate the case as if federal officers had stopped [the defendant]"

Summary of this case from U.S. v. Erickson

holding the lower court erred by looking to state law to determine that the arrest was invalid, and thus excluding the evidence, because "[a]n arrest by state officers is reasonable in the Fourth Amendment sense if it is based on probable cause"

Summary of this case from Moore v. Com

stating limitations on officers' arrest power imposed by state law were irrelevant to the constitutionality of a search incident to an arrest for operating a bicycle without a headlight

Summary of this case from U.S. v. Pratt

stating "we do not think Fourth Amendment analysis requires reference to an arrest's legality under state law"

Summary of this case from United States v. Redman
Case details for

U.S. v. Bell

Case Details

Full title:UNITED STATES OF AMERICA, APPELLANT, v. THEOPHILIS BELL, APPELLEE

Court:United States Court of Appeals, Eighth Circuit

Date published: May 9, 1995

Citations

54 F.3d 502 (8th Cir. 1995)

Citing Cases

U.S. v. Lewis

Ordinarily, for misdemeanors not punishable by incarceration, a citation shall be issued. In United States v.…

U.S. v. Planells-Guerra

United States v. Bezerra-Garcia, 397 F.3d 1167, 1173 (9th Cir. 2005).United States v. Mikulski, 317 F.3d…