United States v. Hewey Lee Thompson

Hewey Lee Thompson appeals from a conviction of possession of items stolen from the mail in violation of 18 U.S.C. § 1708 . The denial of Thompson’s motion to suppress evidence presents the principal question on appeal. We reverse.

On February 7, 1978, at approximately 10:45 a.m., Portland Police Officers Charles Ault and Henry Dunn stopped a car that Thompson was driving in a residential area of northeast Portland. The vehicle had a broken taillight lens, was traveling at a speed which slightly exceeded the “reasonable and safe” speed for that area, and had rolled through a stop sign.

The officers asked the driver for his driver’s license. Thompson responded that he did not have it with him. Ault then asked Thompson for anything that had his name on it. Thompson produced on envelope bearing the name Hewey Thompson and an address. Ault then asked Thompson to step out of his car and come to the police car so that a radio check could be run on his driver’s license. This was stated to be standard police procedure; the officers testified that their standard procedure also requires a pat-down search for weapons of anyone about to be placed in a police car.

Ault told Thompson to put…