United States v. Allan Dale Long

176 F.3d 1304, 1999 Colo. J. C.A.R. 3009, 1999 U.S. App. LEXIS 10804, 1999 WL 332554
CourtCourt of Appeals for the Tenth Circuit
DecidedMay 26, 1999
Docket98-3192
StatusPublished
Cited by106 cases

This text of 176 F.3d 1304 (United States v. Allan Dale Long) is published on Counsel Stack Legal Research, covering Court of Appeals for the Tenth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Allan Dale Long, 176 F.3d 1304, 1999 Colo. J. C.A.R. 3009, 1999 U.S. App. LEXIS 10804, 1999 WL 332554 (10th Cir. 1999).

Opinion

BALDOCK, Circuit Judge.

Defendant Allan Dale Long appeals the district court’s denial of his motion to suppress evidence. Defendant argues that Topeka police officers violated the Fourth Amendment when they seized three garbage bags from atop a trailer parked near his garage. After the district court denied his motion to suppress, Defendant entered a conditional guilty plea on one count of possession of a firearm, in violation of 18 U.S.C. § 922(g). See Fed.R.Crim.P. 11(a)(2). The district court sentenced him to 188 months of imprisonment and five years of supervised release. Our jurisdiction arises under 28 U.S.C. § 1291. We affirm.

I. Background

In April 1996, Topeka, Kansas police officers Bruce Voigt and Tom Pfortmiller received an anonymous tip about drug activity at 2400 SE Michigan Street in Topeka, Kansas. At the time, Defendant -rented the property and resided there in a house with an attached garage. The property was bordered on the north by 24th Street and on the east by an alley. The attached garage faced 24th Street and was located on the east side of the house, approximately sixteen feet from the western edge of the alley. A trailer with a camper shell (“trailer”) was parked in a grassy area between the attached garage and the alley. This trailer was located seven feet east of the garage, and three feet from the western edge of the alley. No fence or barrier separated the trailer from the alley.

In response to the anonymous tip, the officers tried to find an informant to make a controlled purchase at the residence. Because none of their informants knew Defendant, the officers could not make a controlled purchase. Therefore, the officers decided to examine Defendant’s trash for evidence of drug activity. During surveillance of the premises, Officer Voigt observed trash bags on the trailer on a Thursday and noted that the bags were gone the next day. From this, he surmised that Defendant placed his garbage on the trailer for pick-up by the garbage collector.

*1307 The next week, Officer Voigt and two other officers, driving south on the alley, stopped next to the trailer. The two officers left the vehicle, stepped onto Defendant’s property and removed three dark-colored garbage bags from atop the trailer. The officers placed the bags in the car, took them to police headquarters and searched them. Based on the evidence found in the bags, the officers obtained a search warrant for Defendant’s house. During the search, officers found methamphetamine, cash, and several firearms. Authorities subsequently charged Defendant with illegal possession of the firearms and intent to distribute methamphetamine.

Defendant filed a motion to suppress evidence, arguing that the officers obtained the trash bags, and thus the evidence to support the search warrant, in violation of the Fourth Amendment. During the evidentiary hearing on the motion, Bill Allensworth, a garbage collector for Shawnee County, Kansas, testified that he had an agreement with Defendant to pick up his trash from the top of the trailer. ■ Allensworth stated that sometimes there were also trash bags near the garage but that he did not pick up trash bags that were not on the trailer. Defendant testified that the trash bags he kept next to the garage contained “plants,” “mulch and stuff.” Defendant explained that he placed the trash bags on the trailer because he “had trouble with critters and stuff around my house.... There had been a lot of people and stuff running around in back of my house, and stuff got knocked over, so I started putting my stuff up high so that the people wouldn’t be getting into it.” Defendant also testified that he had contacted the police a few times about people “being around in the back of my house in the alley” and that if he caught anyone rummaging through his trash bags, he would “run them off.”

After hearing the evidence, the district court held that, although a close call, the trailer was parked outside the curtilage of Defendant’s home. The district court also held that regardless of whether the trailer was outside the curtilage, Defendant lacked a reasonable expectation of privacy in the trash bags.

II. Analysis

When reviewing a district court’s denial of a motion to suppress, we consider the totality of the circumstances and view the evidence in a light most favorable to the government. United States v. Hunnicutt, 135 F.3d 1345, 1348 (10th Cir.1998). We accept the district court’s factual findings unless those findings are clearly erroneous. United States v. Villar-Chaparro, 115 F.3d 797, 801 (10th Cir.1997). The credibility of witnesses, the weight to be given evidence, and the reasonable inferences drawn from the evidence fall within the province of the district court. Id. Keeping in mind that the burden is on the defendant to prove that the challenged seizure was illegal under the Fourth Amendment, United States v. Ludwig, 10 F.3d 1523, 1526 (10th Cir.1993), the ultimate determination of reasonableness under the Fourth Amendment is a question of law reviewable de novo. Hunnicutt, 135 F.3d at 1348.

The Fourth Amendment protects people from unreasonable searches of their “persons, houses, papers, and effects.” U.S. Const, amend. IV. A warrantless search of Defendant’s garbage bags was unreasonable under the Fourth Amendment if Defendant “had a subjective expectation of privacy in [the] garbage that society accepts as objectively reasonable.” California v. Greenwood, 486 U.S. 35, 37, 108 S.Ct. 1625, 100 L.Ed.2d 30 (1988).

A. Curtilage

In determining whether the officers’ conduct violated the Fourth Amendment, we first consider whether the trash bags were within the curtilage of the home. If they were not, then no Fourth Amendment violation occurred. See United States v. Knapp, 1 F.3d 1026, 1029 (10th Cir.1993) (only curtilage of the home warrants'the Fourth Amendment protections that attach to the home itself). The dis- *1308 triet court’s factual determination that the bags were located outside the curtilage is subject to a clearly erroneous standard of review. See id.

“Curtilage is the area to which extends the intimate activity associated with the sanctity of a man’s home and the privacies of life.” Oliver v. United States, 466 U.S. 170, 180, 104 S.Ct. 1735, 80 L.Ed.2d 214 (1984) (internal quotations omitted).

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Bluebook (online)
176 F.3d 1304, 1999 Colo. J. C.A.R. 3009, 1999 U.S. App. LEXIS 10804, 1999 WL 332554, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-allan-dale-long-ca10-1999.