Craddock v. Com.

• Citation: 580 S.E.2d 454,40 Va. App. 539
• Decision Date: 13 May 2003
• Docket Number: Record No. 2801-01-2.
• Parties: Orillion Denver CRADDOCK v. COMMONWEALTH of Virginia.
• Court: Court of Appeals of Virginia

580 S.E.2d 454

40 Va. App. 539

Orillion Denver CRADDOCK v. COMMONWEALTH of Virginia.

Record No. 2801-01-2.

Court of Appeals of Virginia, Richmond.

May 13, 2003.

Cynthia E. Payne, Assistant Public Defender, for appellant.

Richard B. Smith, Senior Assistant Attorney General (Jerry W. Kilgore, Attorney General, on brief), for appellee.

Present: FITZPATRICK, C.J., Benton and Kelsey, JJ.

KELSEY, Judge.

Orillion Denver Craddock contends the trial court erred by not suppressing evidence discovered during a strip search prior to his pretrial incarceration. Craddock also claims the evidence at trial does not support his convictions for obstruction of justice and possession of cocaine with the intent to distribute. Disagreeing with both assertions, we affirm.

I.

On appeal, we review the evidence "in the light most favorable to the Commonwealth." Morrisette v. Commonwealth, 264 Va. 386, 389, 569 S.E.2d 47, 50 (2002). That principle requires us to "discard the evidence of the accused in conflict with that of the Commonwealth, and regard as true all the credible evidence favorable to the Commonwealth and all fair inferences that may be drawn therefrom." Holsapple v. Commonwealth, 39 Va. App. 522, 528, 574 S.E.2d 756, 758-59 (2003) (en banc) (citation omitted); see also Wactor v. Commonwealth, 38 Va.App. 375, 380, 564 S.E.2d 160, 162 (2002)

.

On April 17, 2001, Officer Robert Barlow of the Richmond Police Department conducted a "routine patrol" through a "high drug" area of Richmond. He observed a "group of gentlemen standing on the corner." Barlow exited his patrol vehicle, approached the men, and asked for identification. Once he received each man's identification, Barlow performed a record check on each "to see if there were any warrants on file." Barlow learned that pending process existed charging Craddock with "failure to appear on a felony narcotics charge."

Barlow arrested Craddock and placed him in the police cruiser for transport to the "detention center." The detention center served as an "annex of the jail, under the jurisdiction of the Sheriff of the City of Richmond." The center processed about "450 to 500 prisoners" each week and anywhere "from 130 to 500" prisoners would be in the center at any given time. The guards at the detention center were responsible for "sending those particular prisoners to each and every court in the city in a timely fashion."

While en route to the detention center, Officer Barlow received a phone call from Officer Michael Bender. Bender had heard Craddock's name over the radio dispatch and called Barlow to explain that, in the recent past, Craddock had kept drugs "hidden in his underwear" and "was known to carry drugs in his buttock area." Bender knew this because he "was the officer who got the search warrant for the prior drugs that had been retrieved."

Barlow relayed this information to Deputy Sheriff Kenneth Droddy, the assistant commander of the detention center. Droddy testified that he was informed that Craddock was on bail for a "felony possession with intent to distribute" charge. In that earlier proceeding, which occurred about "two months prior," a search warrant had been issued "because Mr. Craddock had secreted the particular narcotics in his anal cavity." Deputy Droddy was also "familiar with Mr. Craddock because of previous incarcerations." Craddock had been previously convicted of two felonies. Droddy also knew Officer Barlow had arrested Craddock at a place known to be a "hangout or location for the sale of narcotics."

After his arrival at the detention center, Craddock was "processed to go into jail" with the understanding that he had been "brought into the sheriff's custody on a commitment brought by the magistrate for failure to appear." Craddock initially appeared calm and did not seem "nervous or agitated in any way." When a deputy conducted a routine pat-down search of Craddock, however, Craddock "seemed to be a little jumpy." After the pat-down search, Barlow brought Craddock to the "lockup" section.

"When he got down to lockup," Barlow testified, Craddock "started to get nervous." Barlow asked Craddock if he was carrying any contraband and explained to him "that it is an additional charge for bringing any illegal type of contraband into the jail setting." Acting "very nervous," Craddock denied having any contraband. Deputy Droddy then "called Mr. Craddock over and expressed to him ... that I possibly thought that he may have something on him." "At that very second" Craddock's demeanor changed "one hundred percent," going "from being very calm and collective to being very nervous, very fidgety."

Pursuant to written policies promulgated by the sheriff, deputies had authority to "strip search" a detainee at the detention center if they had "reason to believe" the detainee may be hiding contraband. Acting in accord with this policy, Deputy Droddy informed Craddock that the deputies would conduct a strip search. Craddock initially consented. The deputies escorted him to a "secluded" cell where the search could take place with some measure of privacy.

After entering the holding cell, Craddock claimed that it was "too cold" for a strip search. On three occasions during this conversation, Deputy Droddy explained to Craddock that it was necessary to conduct a strip search. When Craddock began to resist, the deputies used "pepper spray" to subdue him. Craddock then "began fighting and thrashing around so dramatically that it was impossible" for the officers to conduct the search.

Craddock continued to fight the deputies for about three to four minutes. During this struggle, Droddy informed Craddock "for the fourth and fifth times that he had to submit to the test." Droddy also informed Craddock that if he "calmed down," Droddy would allow him to remove his own garments. Craddock nonetheless "continued thrashing around, hollering no, and kicking at the officers holding his feet." Only after several minutes of struggling did Craddock grow tired enough that he relaxed. At that point, Droddy determined that the deputies could remove Craddock's clothing "without injuring him or without one of us getting injured."

A deputy removed Craddock's socks and shoes, "then pulled his pants down by using the outer pants legs." Despite Craddock's renewed struggles, the deputies pulled Craddock's underwear down. Droddy observed a plastic bag with suspected narcotics between Craddock's "butt cheeks." Droddy made this initial observation without the need to spread Craddock's "butt cheeks apart" or to "manipulate his cheeks." Craddock began to clench "his buttocks together so forcefully that it was almost like he was lifting weights or something like that." Droddy could still see the bag "protruding from his butt cheeks." As the physical struggle continued, the deputies eventually pulled Craddock's legs apart. Droddy picked up the bag, which was then resting "on top" of Craddock's anus. Droddy testified that he did not "pull it out" from Craddock's buttocks. "All I had to do," Droddy explained, "was pick it up."

Craddock continued to fight with the deputies even after they removed the narcotics from his body. As Droddy gathered some of Craddock's belongings from the floor of the cell, "Craddock lunged up off of the bench" at Droddy. Because of this, Droddy "had to engage in another physical altercation with Mr. Craddock, restraining him again."

Deputy Droddy testified that he conducted the strip search of Craddock because of two concerns. First, "it is necessary for me to prevent those items from getting into the facility." Inmates "tend to use contraband, especially ... narcotics, as a source of power within the facility." Internal strife and violence inevitably result from the introduction of drugs into the jail. Second, Droddy believed the narcotics created "health issues as far as Mr. Craddock was concerned." Drugs in the anal cavity could make inmates "sick to the point where they are actually deathly ill, and we have had to take them to the hospital." A physician specializing in toxicology testified at trial that the amount of crack cocaine possessed by Craddock would have been "lethal" if the bag had burst and the cocaine had been absorbed directly into the anal membranes.

These were not hypothetical concerns, Droddy testified. On at lease twelve occasions, deputies had "recovered drugs off of people being brought in through the lockup." On two occasions, detainees had secreted narcotics "in a body cavity."

The bag of narcotics taken from Craddock contained twelve, separately wrapped, "plastic bag corners" with a total weight of 2.556 grams of crack cocaine. The grand jury indicted Craddock for possession of cocaine with intent to distribute. See Code § 18.2-248. Craddock remained incarcerated up to the time of trial.

Prior to trial, Craddock's counsel moved to suppress the cocaine obtained during the strip search. The trial judge overruled the motion, holding that "the officers had an obligation and duty to search the gentleman before he went into the population of the lockup and/or the jail, of which I consider one to be a part of the other." After hearing the evidence, the trial court found Craddock guilty of obstruction of justice, in violation of Code § 18.2-460(C), and guilty of possession of cocaine with the intent to distribute, in violation of Code § 18.2-248(A).

II.

Though the ultimate question whether the officers violated the Fourth Amendment triggers de novo scrutiny on appeal, the trial court's findings of "historical fact" bind us due to the weight we give "to the inferences drawn from those facts by resident judges and local law enforcement officers." Davis v. Commonwealth, 37 Va.App. 421, 429, 559 S.E.2d 374, 378 (2002) (citing Neal v. Commonwealth, 27 Va.App. 233, 237, 498 S.E.2d 422, 424 (1998)). We examine the trial court's factual findings only to determine if they are plainly wrong or devoid of supporting evidence. See Mier v....