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United States v. Everett Charles Brakeman

Citations: 475 F.3d 1206; 2007 U.S. App. LEXIS 2507; 2007 WL 316831Docket: 06-2139

Court: Court of Appeals for the Tenth Circuit; February 5, 2007; Federal Appellate Court

Narrative Opinion Summary

In this case, the defendant was convicted on multiple charges, including being a felon in possession of firearms and possession with intent to distribute methamphetamine. The defendant appealed, arguing that the district court improperly denied his motion to suppress evidence on the grounds of two alleged Fourth Amendment violations. The first issue concerned the lack of particularity in the search warrant describing the place to be searched. The court found that the warrant's description was sufficiently particular, supported by Deputy Franco's personal knowledge of the property, thus satisfying the Fourth Amendment's requirements. The second issue involved a pat-down search during which a glasses case was removed from the defendant's pocket and opened, revealing methamphetamine. The court held that the search was justified as the potential danger of the defendant regaining access to the case warranted the search's scope. The appellate court affirmed the district court's rulings, concluding that both the issuance of the search warrant and the pat-down search adhered to Fourth Amendment standards. The decision upheld the defendant's convictions, resulting in a sentence of 248 months' imprisonment.

Legal Issues Addressed

Fourth Amendment Particularity Requirement

Application: The court held that the search warrant's description of the property was sufficiently particular, despite inaccuracies, because Deputy Franco's personal knowledge resolved ambiguities.

Reasoning: The court finds that the search warrant met the Fourth Amendment's particularity requirement.

Reasonable Suspicion for Weapons Search

Application: The court affirmed the legality of the pat-down search because there was reasonable suspicion that Mr. Brakeman could be dangerous and had access to weapons, justifying the search of containers like the glasses case.

Reasoning: A weapons search during a traffic stop is justified when there is reasonable suspicion, based on specific facts, that the individual may be dangerous and could access weapons.

Scope of a Pat-Down Search

Application: The court found that the search of the glasses case during the pat-down was justified under the Fourth Amendment, as there remained a potential danger that Mr. Brakeman could regain access to it.

Reasoning: The court noted that while alternatives to searching could exist, officers are not required to utilize them to ensure safety during a detention.