United States of America, Cross-Appellant/appellee v. Thomas Jeffrey Raines, Appellant/cross-Appellee

243 F.3d 419, 2001 U.S. App. LEXIS 3330, 2001 WL 209854
CourtCourt of Appeals for the Eighth Circuit
DecidedMarch 5, 2001
Docket00-1984, 00-1985
StatusPublished
Cited by62 cases

This text of 243 F.3d 419 (United States of America, Cross-Appellant/appellee v. Thomas Jeffrey Raines, Appellant/cross-Appellee) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States of America, Cross-Appellant/appellee v. Thomas Jeffrey Raines, Appellant/cross-Appellee, 243 F.3d 419, 2001 U.S. App. LEXIS 3330, 2001 WL 209854 (8th Cir. 2001).

Opinion

HANSEN, Circuit Judge.

Thomas Jeffrey Raines appeals his conviction for cultivating marijuana in violation of 21 U.S.C. § 841(a)(1) (1994). Raines asserts that the district court 1 erred by denying his motion to suppress the marijuana seized by law enforcement and that the evidence was insufficient to sustain his conviction. The government cross appeals, challenging the district court’s 2 fact-finding at sentencing that Raines had cultivated fewer than 1000 marijuana plants. We affirm both the appeal and cross-appeal.

I.

On May 27, 1999, in Page County, Iowa, Deputy Sheriff Gary Davison arrived at Raines’s home, attempting to serve civil process on Toni Will, an acquaintance of Raines. After receiving no response at the front door but seeing several cars parked in the driveway, Deputy Davison followed Page County procedure and proceeded to the back of the home believing the inhabitants might be outside on a summer evening unable to hear him knocking at the front door. Davison walked through a ten-foot wide opening in a wall of debris that acted as a make-shift fence around the perimeter of the property. Once through this opening, Davison observed a large number of marijuana plants growing to the east of Raines’s home. Da-vison immediately left the premises without seizing any of the plants and sought a *421 search warrant. When officers returned with a search warrant, they discovered pipes used for smoking, a set of scales, seven guns, and two small tins of marijuana in the house. Officers also found approximately 1051 individual cuttings of marijuana located to the east of the house. In a building adjacent to Raines’s residence, officers discovered fans, drying racks, and a thermometer. Officers seized the offending items and arrested Raines. He was later charged with cultivating marijuana in violation of 21 U.S.C. § 841(a)(1).

Prior to trial, Raines filed a motion to suppress the evidence of the marijuana plants. The district court denied the motion. In denying Raines’s motion to suppress, the district court found that Deputy Davison acted in good faith and his digression to the back of the house was justified in an honest attempt to do his duty to serve civil process. Alternatively, the district court concluded the subsequent search of Raines’s property was proper pursuant to a valid warrant and that the evidence was admissible under United States v. Leon, 468 U.S. 897, 104 S.Ct. 3405, 82 L.Ed.2d 677 (1984). A jury subsequently convicted Raines, and he now appeals.

II.

The district court’s conclusions of law regarding the denial of a motion to suppress are reviewed' de novo; whereas its findings of fact are reviewed for clear error. United States v. Cunningham, 133 F.3d 1070, 1072 (8th Cir.), cert. denied, 523 U.S. 1131, 118 S.Ct. 1823, 140 L.Ed.2d 960 (1998). The Fourth Amendment to the Constitution protects the rights of people “to be secure in [their] persons, houses, papers, and effects, against unreasonable searches and seizures.” The Supreme Court has extended the protections guaranteed by the Fourth Amendment to the curtilage of a house. Oliver v. United States, 466 U.S. 170, 180, 104 S.Ct. 1735, 80 L.Ed.2d 214 (1984). The Court defined curtilage as “the area to which extends the intimate activity associated with the sanctity of a man’s home and the privacies of life.” Id. (internal quotations omitted).

Raines contends that Deputy Davison’s observation of marijuana plants growing in plain view while standing within the curti-lage of his home constitutes a warrantless search in violation of the Fourth Amendment. He argues that the district court should have suppressed the seized evidence as the product of an unlawful search. We hold that Deputy Davison did not violate Raines’s Fourth Amendment rights by entering the curtilage of his home. Evidence was presented at the suppression hearing that Raines had erected a makeshift fence of debris that encircled his property. At the southeast corner of the house, there was a ten-foot wide opening in the fence. Raines did not post a sign such as “no trespassing” or construct a barrier in front of the opening. Davison stated that because it was a pleasant summer evening and several cars were parked in the driveway, he thought it likely the occupants were outside in the backyard. We conclude that Davison’s limited intrusion was justified because he had the legitimate objectives of locating Toni Will, who he had reason to believe was located at the residence, and serving her with civil process. We have previously recognized that law enforcement officers must sometimes move away from the front door when attempting to contact the occupants of a residence. See, e.g., United States v. Anderson, 552 F.2d 1296, 1300 (8th Cir.1977) (“We cannot say that the agents’ actions in proceeding to the rear after receiving no answer at the front door was so incompatible with the scope of their original purpose that any evidence inadvertently seen by them must be excluded as the fruit of an illegal search.”). Thus, Davison did not interfere with Raines’s privacy interest when he, in good faith, went unimpeded to the back of Raines’s home to contact the occupants of the residence.

Furthermore, the marijuana plants Deputy Davison observed while pro *422 ceeding to the back of Raines’s home were in plain view and, therefore, properly incorporated into the warrant affidavit for purposes of establishing probable cause. The plain view doctrine allows law enforcement officers to seize evidence without a warrant when the initial intrusion is lawful, the discovery of the evidence is inadvertent, and the incriminating nature of the evidence is immediately apparent. United States v. Beatty, 170 F.3d 811, 814 (8th Cir.1999). In this case, Davison did not seize the marijuana after observing it in plain view; instead, he left to obtain a search warrant. Even if he had seized the plants upon observation, such a seizure would comport with the plain view requirements. As we previously stated, Davison did not violate the Fourth Amendment by proceeding into Raines’s backyard in the good faith attempt to serve civil process. Likewise, there is no indication that Davi-son had any reason to believe that Raines would be cultivating marijuana in his backyard. Davison was not looking to find contraband; he was merely attempting to locate Toni Will to serve her with civil process. Finally, “[t]he immediately apparent requirement means that officers must have probable cause to associate the property with criminal activity.” United States v. Weinbender, 109 F.3d 1327

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243 F.3d 419, 2001 U.S. App. LEXIS 3330, 2001 WL 209854, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-of-america-cross-appellantappellee-v-thomas-jeffrey-ca8-2001.