US v. Joseph: Joseph had two encounters with police in the Charleston, West Virginia, area that resulted in the seizure of drugs and firearms. The first arose from a tip about possible drug activity in a particular motel room. Officers surveilled the room and saw only Joseph enter and leave over a four-to-five hour period. Officers were also able to see drug sale paraphernalia through the window. Eventually, Joseph left the motel room carrying a duffel bag, walking into a nearby McDonald’s where police moved to intercept him. Joseph briefly ran (during which he threw the bag away) and a search of the bag uncovered drugs and firearms. The second incident arose from a traffic stop of a vehicle in which Joseph was a passenger. After a drug dog alerted to the car, officers found a firearm and more drugs. Joseph unsuccessfully sought to suppress evidence recovered from both incidents and was convicted of multiple drug and firearm offenses.
On appeal, the Fourth Circuit affirmed the denial of both motions to suppress. As to the initial encounter starting at the motel, the court concluded that “there was neither a search nor a seizure until Joseph was apprehended” and by that point officers “had seen items suggesting drug distribution in the motel room . . . and witnessed Joseph’s unprovoked flight upon noticing the police” and thus they had reasonable suspicion to make a stop and probable cause to search the duffle bag (based on a drug dog alert). Nor was Joseph under arrest simply because he was placed in handcuffs once he was seized. As to the traffic stop, the court rejected Joseph’s argument that the officer who made the stop unlawfully prolonged it, finding that the district court’s findings to the contrary were not clearly erroneous.
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