Archive for the ‘Motion to Suppress Evidence’ Category

Reasonable suspicion and not probable cause enough for warrantless search of probationer’s home.

Tuesday, May 5th, 2009

U.S. v. Carter, (case no. 08-00031) (N.D. Fla. April 27, 2009)

The defendant was on probation for felony battery and possession of cocaine when his probation officer suspected he was again involved in criminal conduct. The probation officer planned a warrantless search of the defendant’s townhome during which evidence of crack cocaine and a firearm were discovered, leading to his prosecution. The defendant moved to suppress the evidence, arguing that the search was not supported by probable cause. The district court denied the motion; and the defendant pled guilty to the two charges but reserved his right to appeal the denial of his motion to suppress.

The defendant argued that his fourth amendment right was violated because the search was not predicated on probable cause. Specifically, he argued that being a probationer does not subject him to searches based on reasonable suspicion alone. Rather, there must be some condition of probation that reduces a probationer’s expectation of privacy in the object of the search.

The Eleventh Circuit applied a balancing test set forth in United States v. Knights, 534 U.S. 112, 122 S. Ct. 587 (2001) which determines the reasonableness of a search “by assessing, on the one hand, the degree to which it intrudes upon an individual’s privacy and, on the other, the degree to which it is needed for the promotion of legitimate governmental interests.” (quoting Wyoming v. Houghton, 526 U.S. 295, 300, 199 S. Ct. 1297, 1300 (1999)). The court balanced the defendant’s privacy interest against the government’s interest and held that the defendant’s privacy interest was reduced by the condition of his probation which required him to submit to home visits by a probation officer. The court stated that, on the other hand, the government has a high interest in preventing drug and violence-related crimes-especially since this defendant has a history of drug and violence-related felonies. Therefore, the court concluded that search of the defendant’s home was permissible.

Search that uncovered a gun between mattress and box spring upheld as reasonable because it was within the grab area of two individuals who were present in the apartment where the defendant was arrested pursuant to an arrest warrant.

Wednesday, April 29th, 2009

United States v. Bennett, 555 F.3d 962 (January 21, 2009)

The defendant was convicted of possession of a firearm by a convicted felon. During the course of executing an arrest warrant for Bennet at his apartment, the police conducted a protective sweep of one of the bedrooms in the apartment, occupied by Bennet’s brother and a friend, where they found a rifle between a mattress and box spring. The defendant moved to suppress arguing that the search “improperly expanded the scope of their protective sweep outside Bennett’s grab area.” The Eleventh Circuit upheld the search finding that the agent had a reasonable belief that the brother and friend could be dangerous and both had been moved to the bed by the agent. It was reasonable for the agent to lift the mattress as a safety precaution since the officer was not familiar with what objects may have been in the room, as the boys may have been, and the mattress was properly within the limited grab area of both young men.

Speedy trial delay warranted a dismissal without prejudice and not with prejudice.

Friday, April 24th, 2009

U.S. v. KNIGHT, 562 F.3d 1314 (11th Cir. March 31, 2009)

After the car Mr. Knight was riding in as a passenger was pulled over, a police officer saw him place a gun on the floor boards. He was arrested on state charges. While still state custody he was indicted by a federal grand jury on September 29, 2005, for possession of the firearm by a convicted felon. A federal detainer was lodged against him to hold him in the event he made bond. He was visited by ATF officers in the county jail who advised him of the pending investigation. Knight made some incriminating statements and did not ask for an attorney. He was transferred to federal custody where he pled not guilty. The district court granted a speedy trial claim but dismissed without prejudice. As to the appeal from the district court’s order dismissing “without prejudice” the Court applied the factors and found the district court did not abuse its discretions.

The seizure of evidence was found reasonable based on initial stop of the driver which led to the resulting seizure from the defendant.

The Court upheld the denial of the motion to suppress evidence seized in the stop. It found the initial stop of the car was valid because the driver was seen without a seat belt on. The officer had probable cause to stop the car, and the officer was entitled to ask the driver to step out the car. He had reasonable suspicion to pat down the driver and the officer smelled marijuana and alcohol.

The denial of the motion to suppress statements.

The Court found that the prior invocation of rights in the state case did not apply to the federal case. Statements made to the ATF were admissible.
The district court committed clear error for failing to reduce Knight’s sentence for time spent in state custody for obstruction of justice.

Where a defendant has a prior offense that is relevant to the instant offense and resulted in an increase in the offense level of the instant offense, the sentencing guidelines provide that the sentence include a credit for a period served in state custody for the obstruction case. The government conceded the error because the conduct that was used to enhance his federal sentence was related to the state conviction and the BOP would not give credit for that time.