United States v. Brown

251 F.3d 286, 2001 U.S. App. LEXIS 11727, 2001 WL 585750
CourtCourt of Appeals for the First Circuit
DecidedJune 5, 2001
DocketNo. 99-2120
StatusPublished
Cited by5 cases

This text of 251 F.3d 286 (United States v. Brown) is published on Counsel Stack Legal Research, covering Court of Appeals for the First 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. Brown, 251 F.3d 286, 2001 U.S. App. LEXIS 11727, 2001 WL 585750 (1st Cir. 2001).

Opinion

STAHL, Senior Circuit Judge.

Plaintiff-appellant John Brown was indicted by a federal grand jury on drug and firearm charges based on evidence seized during a search of his apartment by the Rhode Island State Police. Brown moved to suppress the evidence, arguing that the officers violated his Fourth Amendment rights by failing to knock and announce their presence when executing the warrant authorizing the search. Brown’s motion was denied, and he subsequently pled guilty to certain of the counts against him. He now appeals the denial of his motion to [289]*289suppress. For the reasons discussed below, we vacate and remand.

I.

Early in March 1998, detectives with the Rhode Island State Police .obtained information from a confidential source suggesting that cocaine was being distributed from an apartment in Providence, Rhode Island. The source identified Brown as one of the individuals residing at the apartment, and as the person involved in the drug dealing. The source claimed to have been inside the apartment several times, including, most recently, five days prior to his contact with the police, and to have seen significant quantities of cocaine and at least one firearm. A subsequent review of state records and police surveillance yielded information confirming Brown’s presence at the apartment and indicating that Brown had previously been arrested for a drug offense in Connecticut. On the basis of this information, the officers sought a warrant to search Brown’s apartment for, inter alia, drugs and weapons.

An application for the warrant was made by Officer Patrick Reilly in Rhode Island state court on March 17, 1998. The application consisted of a completed complaint, signed by Reilly, and Reilly’s affidavit setting out the facts supporting issuance of the warrant. In the affidavit, Reilly stated that the police sought a “no-knock” search warrant, in order to “prevent narcotics/evidence from being destroyed and to ensure officer safety.” However, the complaint did not include any language indicating that the police were seeking a no-knock warrant.

What transpired when Reilly appeared before the judge is only sketchily recounted in the present record. According to Reilly’s testimony at the suppression hearing, the no-knock request was specifically discussed with the judge, as was the absence of language in the complaint form regarding the need for a no-knock warrant. Reilly testified that the judge asked him to correct the complaint form to make clear that a no-knock warrant was being requested. Reilly made and initialed a handwritten notation to that effect on the complaint form and the judge then signed the warrant. While it appears that, at this point, Reilly believed he had been granted the requested no-knock warrant, it is undisputed that the search warrant the judge actually signed contained no language authorizing a no-knock entry. Reilly’s testimony also revealed little about what led him to believe that the judge had agreed with the request for a no-knock warrant.

The officers executed the warrant later the same day, entering Brown’s apartment without knocking or announcing their presence.1 Once inside, they encountered Brown and advised him of his rights, and Brown admitted that there was cocaine in his bedroom. The officers entered that room and found 22 plastic bags containing a total of 52.52 grams of cocaine; four firearms, including a sawed-off shotgun; and various other accouterments of the drug trade. On the basis of this evidence, a federal grand jury returned a six-count indictment charging Brown with possession of cocaine with intent to distribute, in violation of 21 U.S.C. §§ 841(a)(1) and 841(b)(1)(A) (Count One); possession of firearms while a convicted felon, in violation of 18 U.S.C. § 922(g)(1) (Counts Two [290]*290through Five); and possession of an unregistered sawed-off shotgun, in violation of 26 U.S.C. §~ 5841, 5861(d), and 5871 (count Six).

Brown subsequently moved to suppress the evidence seized from his apartment on two grounds: first, that the warrant was not supported by probable cause (an argument not pressed on appeal and therefore not further discussed); and, second, that the officers had improperly failed to knock and announce their presence when executing the warrant. The district court held a hearing on Brown's motion at which Officer Reilly was the only witness to offer testimony on this issue. Reilly gave brief testimony concerning his application for the search warrant and the search itself and was cross-examined, also briefly, by Brown's attorney.

In the oral argument that followed, Browi-i's attorney contended that the evidence was insufficient to establish that the officers' no-knock entry was authorized by a warrant, or justified by any recognized exception to the Fourth Amendment knock-and-announce requirement. The government countered that the manner of the entry was in fact justified on both grounds: the no-knock entry had been made in reliance on the state judge's approval, notwithstanding the lack of a notation on the warrant itself, and the unannounced entry was necessary to protect the police from danger in executing the warrant.

Ruling from the bench, the district court denied Brown's motion. Bypassing the dispute over whether the judge had authorized a no-knock entry, or whether the police reasonably believed that he had, the court found that the entry was justified by a reasonable concern for the officers' safety. In reaching this conclusion, the court relied on three pieces of infonuation obtained by the police from the confidential informant and recited by Reilly in his affidavit and oral testimony: Brown's asserted involvement in "storing and distributing cocaine" from his apartment; the alleged observation of "large amounts of cocaine" inside the apartment; and the observation of "at least one' firearm" inside the apartment. The court concluded that this information created "a reasonable suspicion that knocking and announcing the presence of the officers might very well have caused the occupants to use the firearm in a manner that would have been dangerous to the officers."

Following the denial of his motion, Brown pled guilty to Counts One, Two, and Six of the indictment pursuant to a plea agreement in which he reserved his right to appeal the denial of the suppression motion. On August 24, 1999, Brown was sentenced to 135 months of imprisonment, followed by three years of supervised release.

II.

Although the Fourth Amendment's requirement of reasonableness in the conduct of searches and seizures incorporates the common-law expectation that police will announce their presence and request admittance before entering a dwelling by force, Wilson v. Arkansas 514 U.S. 927, 933, 115 S.Ct. 1914, 131 L.Ed.2d 976 (1995), it does not "mandate a rigid rule of announcement that ignores countervailing law enforcement interests," id. at 934, 115 S.Ct. 1914. Instead, the Constitution creates a "presumption in favor of announcement" that will yield in appropriate circumstances, including those where compliance would expose officers to the "threat of physical violence" or "where police officers have reason to believe that evidence would be destroyed if advance notice were given." Id.

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Bluebook (online)
251 F.3d 286, 2001 U.S. App. LEXIS 11727, 2001 WL 585750, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-brown-ca1-2001.