United States v. Andrew Milton Flatter

Appellant Andrew Flatter was a postal service employee suspected of stealing mail. Before questioning him, officers conducted a pat-down search pursuant to Terry v. Ohio, 392 U.S. 1 , 88 S.Ct. 1868 , 20 L.Ed.2d 889 (1968), in order to ensure officer safety. The officers had no evidence that Flatter had a weapon; they conducted the search because they were concerned that their questioning might turn confrontational. The search revealed evidence of Flatter’s guilt, which officers seized, and Flatter was charged with mail theft. The district court found that the search was lawful and, after a jury trial, Flatter was convicted and sentenced to probation. He now appeals, challenging the admission of the evidence and other evidentiary rulings. Because the officers had no reason to believe that Flatter was armed or dangerous, the officers had no grounds for the search. We reverse the ruling of the district court and vacate Flatter’s conviction.

I. FACTS

Following a report by the Veterans’ Administration (“VA”) that fourteen packages containing class II medications had been lost, postal inspectors began to investigate the possibility of mail theft at a postal facility in Spokane,…