U.S. v. Freeman

In prosecution on drug distribution charge arising out of sting operation involving drug buy, Dist. Ct. did not err in denying defendant's motion to suppress drugs seized from defendant during strip search subsequent to his arrest, even though defendant argued that police lacked probable cause to stop him or to conduct strip search. At time of defendant's arrest, police had probable cause to believe that defendant had attempted to sell drugs to informant where: (1) van in which defendant was passenger appeared at pre-arranged location specified by informant as part of sting; (2) van matched description given by different informant; and (3) police observed defendant's cell phone ring when informant redialed number he had been using to set up drug buy. Moreover, police could conduct strip search of defendant at police station where: (1) drug dog alerted police to presence of drugs in van; (2) police were aware of defendant's habit of hiding drugs between his buttocks; and (3) defendant exhibited marked fidgeting while seated at police station.