United States v. Anderson, No. 13-4152-CR (2d Cir. Nov. 24, 2013) (Parker, Lynch, and Carney), available here
Following a traffic stop of defendant’s car, Vermont state troopers arrested defendant’s wife Crystal, a passenger, believing that she had drugs hidden on her person. The troopers brought Crystal to the state police barracks, handcuffed her to a chair, and told her that they were applying for a warrant for a body cavity search. A state judge denied the application, but the troopers concealed this fact from Crystal.
Instead, over several hours of detention and interrogation, the troopers falsely told Crystal that she would be taken to a hospital where the body search would be performed, falsely told her that her husband had incriminated her in drug trafficking, and refused her repeated requests to see a signed warrant. Ultimately, Crystal signed a Miranda waiver, admitted that there were drugs hidden in her vagina, removed the drugs, and surrendered them to the troopers.
In the Circuit’s view, Payner “precludes suppression, on substantive due process grounds, of physical evidence obtained through a flagrantly illegal search directed at someone other than the defendant.” (slip op., at 11).
through outrageous government conduct against a third party. Such conduct, however, would have to be “torture”
or otherwise “so beyond the pale of civilized society that no court could countenance it.” (slip op, at 12). Finally, rejecting defendant’s alternative
argument for affirmance, the Circuit held that suppression was not authorized in the exercise of the district court’s supervisory powers, where suppression was
not compelled by the Fifth Amendment.