United States v. Bates

MEMORANDUM *

Phillip Bates appeals the district court’s denial of his motions to suppress and to appoint counsel to investigate whether his attorneys had provided him ineffective assistance of counsel. We affirm.

I. Denial of Motion to Suppress Evidence from the Backpack

Bates argues that the district court erred 1 in refusing to suppress the evidence from the backpack. We reject Bates’ argument because the backpack was searched incident to Bates’ arrest.

Bates’ contention that he was stopped when the officer partially blocked the sidewalk with his car and asked Bates questions is unpersuasive. No Fourth Amendment seizure occurs when police approach individuals on the street and ask questions. 2 Bates has not shown that the ar *479 resting officer used physical force or some other show of authority to restrain Bates’ liberty and that a reasonable person would not have felt free to leave.

At the time the officer placed Bates in handcuffs, the officer had probable cause to arrest Bates. 4 The officer recognized Bates’ face from a flyer describing the murder suspect, Bates had an injury to his wrist consistent with a description the officer heard from Bates’ mother, Bates was…