United States v. McPhaul

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Officer Sell saw a car turn right from the center lane on a three-lane road and then drive through private property to avoid a red light. Using his computer, Sell saw that the car was registered to McPhaul, whose license was suspended, and that the driver looked like McPhaul’s displayed picture. The driver led the police on a mile-long “slow-speed” chase, even after Sell activated his lights and siren. When the driver stopped and was arrested, a pat-down revealed that he was wearing body armor; a loaded gun was found in the car’s center console. The driver was McPhaul, who had been convicted of a crime of violence. He was charged as a felon in possession of a gun, and with being a violent felon in possession of body armor. While in pre-trial custody, he wrote to his cousin, telling her she could ignore a grand jury subpoena, and asking her to swear that she put the gun in his car without his knowledge. McPhaul unsuccessfully moved to suppress the body armor. At sentencing, the judge applied Guidelines enhancements for using the body armor in connection with another felony offense, and for attempting to obstruct justice. McPhaul’s Guidelines range was 24–30 months and the judge imposed a 24-month sentence. The Seventh Circuit affirmed, upholding the sentencing enhancements. The pat-down was lawful because officers had probable cause to stop McPhaul. View "United States v. McPhaul" on Justia Law