United States v. Phillips, No. 14-14660 (11th Cir. 2016)Annotate this Case
Defendant appealed his conviction of being a felon in possession of a firearm and an armed career criminal. Police had discovered firearms while arresting defendant on a writ of bodily attachment. At issue is a question of first impression: Can the police arrest someone based solely on a civil writ of bodily attachment for unpaid child support?The court concluded that writ of bodily attachment are “Warrants” within the meaning of the Fourth Amendment, U.S. Const. Amend. IV, so the officer found the firearm during a valid search incident to arrest. The court also concluded that defendant's argument that he does not qualify for the 15-year mandatory minimum under the Armed Career Criminal Act, 18 U.S.C. 924(e), are both waived and foreclosed by precedent. Accordingly, the court affirmed the judgment.