United States v. Turner, 926 F.2d 883 (1990)

Facts

It was thought that Turner was selling narcotics and the police employed a paid informant.  It was discovered through this informant that Turner kept weapons in the apartment for his drug operation.  A search warrant was issued and officers recovered weapons, ammunition, and narcotics equipment.  The grand jury subsequently indicted Turner, an arrest warrant was issued, and officers entered an apartment and found Turner with a .45 caliber in the sheets.  Turner was arrested and taken to another room.  Officers discovered a rifle, ammunition, and baggies of cocaine.

Procedural History

The district court denied Turner’s motion to suppress and Turner was convicted.

Issue(s)

Did the district court err in denying Turner’s motion to suppress when the search occurred after Turner was removed to a different room?

Holding(s)

No.

Reasoning/Analysis

The Court found a two part inquiry best serve’s the issue: (1) whether the search was within the arrestee’s immediate control when he was arrested and (2) whether events occurring after the arrest but before the search made the search unreasonable.  The Court found that the baggies of cocaine were within Turner’s control when he was arrested and that the events after the arrest but before the search did not make the search unreasonable.  Turner was removed from the room for officer safety.

Judgment/Outcome

The Court affirmed the judgment of the district court.