{"id":3064,"date":"2009-04-16T11:19:37","date_gmt":"2009-04-16T05:50:44","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2009-04-16T05:50:44","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=3064","title":{"rendered":"E.D. Wash.: Motor home was subject to temporary seizure under McArthur<\/em>"},"content":{"rendered":"

Defendant’s search incident was valid without an independent showing of need for it, and court permitted him to preserve an argument that it might be invalid if Arizona v. Gant<\/a> (argued October 7th) comes out favorably to him. The SI was for DUI. Also, defendant’s motor home could be temporarily seized to protect against loss of evidence under McArthur<\/a> on reasonable suspicion. United States v. Grote, 2009 U.S. Dist. LEXIS 30919 (E.D. Wash. March 26, 2009)*:<\/p>\n

The officers did not need probable cause to temporarily “seize” the motor home, but only reasonable suspicion that Defendant was engaged in criminal activity and that evidence of the same could be found in the motor home. The temporary “seizure” of Defendant’s motor home is treated like a Terry stop of a person for which the standard is “a reasonable suspicion supported by articulable facts that criminal activity ‘may be afoot,’ even if the officer lacks probable cause.” United States v. Sokolow<\/a>, 490 U.S. 1, 7, 109 S.Ct. 1581, 104 L. Ed. 2d 1 (1989)(citing Terry v. Ohio, 392 U.S. 1, 30, 88 S.Ct. 1868, 20 L. Ed. 2d 889 (1968)). “The quantum of proof needed for reasonable suspicion is less than a preponderance of evidence, and less than probable cause.” United States v. Tiong, 224 F.3d 1136, 1140 (9th Cir. 2000). “Reasonable suspicion … can arise from information different in quality and content and even less reliable than that required for the establishment of probable cause.” United States v. Mattarolo, 209 F.3d 1153, 1157 (9th Cir. 2000). What is required are “specific, articulable facts which, together with objective and reasonable inferences, form a basis for suspecting that the particular person … is engaged in criminal activity.” United States v. Hernandez-Alvarado, 891 F.2d 1414, 1416 (9th Cir. 1989).<\/p>\n

Illinois v. McArthur<\/a>, 531 U.S. 326, 121 S.Ct. 946, 148 L. Ed. 2d 838 (2001), to which the Defendant cites, did not hold that officers must have probable cause to temporarily “seize” a residence. …<\/p>\n

. . .<\/p>\n

“Exigent circumstances” justified a temporary “seizure” of the motor home. While a firearm may not easily be destroyed, it certainly can be further secreted and concealed, particularly when it is located in a motor home which itself can be moved. In other words, Defendant could have driven off in the motor home and then removed firearms from the motor home and secreted them somewhere else, or he could simply have removed the firearms from the motor home where parked and secreted them elsewhere.<\/p>\n

Concealment of evidence was not the only concern. The officers were concerned for their own safety because the evening before, they had found loaded weapons and explosives in the Defendant’s possession. …<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

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