United States v. Cheryl Lavonn Flippin

This appeal concerns a seizure from the defendant of her make-up bag and a subsequent search of it, while in her residence. The district court granted defendant’s motion to suppress evidence obtained during the search, finding the seizure and search violative of the Fourth Amendment. We hold that reasonable suspicion that the suspect was armed was sufficient justification for the seizure. Exigent circumstances justified the subsequent warrantless search of the closed bag. We reverse the district court’s grant of the motion to suppress and remand for further proceedings.

I

On May 22, 1989 the police observed Cheryl Flippin entering a second-hand shop followed by her companion, Edward Donnes. A police officer stopped and questioned Donnes about a large knife he was carrying. The knife was seized. After determining that Donnes had no driver’s license, the officer warned him not to drive the car in which he had arrived. Later, police saw him driving the car. He was stopped again and taken into custody. A search of the car revealed drug paraphernalia and a key to the Cedars Motel.

Sergeant Marsh went to the Cedars Motel and found Donnes listed as a visitor in a room rented by Cheryl…