United States v. Creech

976 F. Supp. 1317, 1997 U.S. Dist. LEXIS 14448, 1997 WL 580895
CourtDistrict Court, D. Montana
DecidedMay 6, 1997
DocketNo. CR 96-71-M-DWM
StatusPublished

This text of 976 F. Supp. 1317 (United States v. Creech) is published on Counsel Stack Legal Research, covering District Court, D. Montana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Creech, 976 F. Supp. 1317, 1997 U.S. Dist. LEXIS 14448, 1997 WL 580895 (D. Mont. 1997).

Opinion

ORDER

MOLLOY, District Judge.

A hearing on Defendant William Creech’s Motion to Suppress was held on April 24, 1997. For reasons set forth below, Defendant’s Motion is DENIED.

I. Introduction

Defendant seeks to suppress evidence seized as a result of an admittedly warrant-less entry of his motel room. Also, he seeks to suppress all statements made by him during police interrogation in connection with the allegedly illegal search and seizure.

II. Facts

The facts, as set out in the briefs and as adduced at the hearing, are not in dispute. On October 10, 1996, Officer Rich Parker, of the Kalispell Police Department and North West Drug Task Force, received a very detailed crime-stoppers tip from California at approximately 12.10 a.m.

The tipster related the following information: William Creech had recently left Pasadena headed for Kalispell. In his possession, Creech had a dismantled methamphetamine lab and a Mossberg shotgun. Creech was accompanied by a female named Shawna, [1319]*1319who was driving a yellow Volvo with Montana number plates. In part the number plates were AR 473. Creech was currently at the White Birch Motel in Kalispell in either Room 7 or 8 and was in the process of manufacturing methamphetamine.

Officer Parker went to the White Birch Motel. Outside Room # 8 Parker observed a vehicle with California license plates and a yellow Volvo with Montana plates. A records check revealed that the Volvo was registered to Steven Schulze. Shawna Schulz was listed as residing at the address shown for the Volvo registration.

While Parker believed the tip was extremely accurate, he felt he did not yet have probable cause for a search warrant. He consulted with his superior, Officer Jim Browder. Browder decided to place Room 8 under surveillance and summon a drug-sniffing dog.

Browder arrived on the scene at approximately 1.30 a.m. He first contacted the motel manager and confirmed that Room 8, a freestanding cabin-type structure, was rented to William Creech. Officers Parker, Browder and Squires, the dog-handler, then approached the cabin with a trained drug-sniffing dog. Browder testified that the air conditioner was running and a strong chemical odor emanated from it. Both Parker and Browder stated that they associated the odor with a methamphetamine lab.

When Officer Squires took the dog to the front of the building it indicated an “alert” by bringing its head up and wildly wagging its tail. Then the dog began to move in towards the building. The dog then unexpectedly stood on its hind legs and scratched at the window ledge of the cabin. Officer Squires pulled the dog back. Nonetheless, the dog again went forward and scratched at the window a second time. In Officer Squires’ opinion, the dog was alerting to illegal substances. Officer Squires also observed that the window scratching was not a trained behavior. Yet because it happened the police were forced to make unanticipated decisions at the scene.

The officers moved away from the cabin and conferred on what to do next. Officers Browder and Parker stated that they believed that a methamphetamine lab was in progress and that the occupants of the cabin had been alerted by the dog scratching at the window ledge. The situation presented was one in which there was significant risk of evidence destruction. The Officers decided to confront the occupants of the cabin.

Officer Browder knocked on the door of Room 8 and announced their presence by declaring, “Sheriffs Office.” William Creech opened the door and stepped outside, closing the door behind him. When asked for identification Creech produced his California drivers’ license. In response to the Browder’s questions, Creech denied any possession of controlled substances. He responded that two women were in the room with him. When asked about the strong chemical odor, he declared that he and the women were burning incense. He refused to allow a search of the room.

The Officers told Creech they would need to speak with the women. Creech re-entered the room and attempted to close the door on the two police officers. Officer Browder prevented Creech from closing the door and stepped into the room. Officer Parker followed close behind with gun drawn. The officers testified that they followed Creech into the room because they feared he was armed with the Mossberg shotgun reported in the tip from California, a tip that proved highly accurate.

When Officer Browder entered the room he saw one female sitting on the bed and another on a chair to his right. The shotgun lay on the bed. The officers saw assorted glassware of the type used in methamphetamine manufacturing. The officers placed all three individuals under arrest. They made a protective sweep of the cabin before securing it and applying for a search warrant. A search warrant was subsequently obtained and executed by agents of the DEA whom Browder contacted after securing the cabin.

III. Discussion

Defendant argues that under the Fourth Amendment the police officers were required to obtain a search warrant before entering the hotel room. He further argues that to [1320]*1320justify a warrantless search the government must show both probable cause and exigent circumstances.

The government asserts that probable cause existed to search the hotel room and that exigent circumstances justified the warrantless entry. The exigency arose when the drug dog scratched at the window ledge, causing the police to believe that the occupants of the cabin had been alerted to their presence. The police action thereafter was justified by the need to prevent the destruction of evidence. Under these facts, the government’s argument is more persuasive.

It is well settled that the warrantless search of a person’s residence is presumptively unreasonable under the Fourth Amendment. Welsh v. Wisconsin, 466 U.S. 740, 748-49, 104 S.Ct. 2091, 2096-97, 80 L.Ed.2d 732 (1984). This applies whether the residence is a motel room, Stoner v. California, 376 U.S. 483, 490, 84 S.Ct. 889, 893, 11 L.Ed.2d 856 (1964), or even a tent, United States v. Gooch, 6 F.3d 673, 678 (9th Cir.1993).

However, a warrantless search may be permissible under the “exigent circumstances” exception to the Fourth Amendment’s warrant requirement. Under Ninth Circuit authority:

[Exigent circumstances are] those circumstances that would cause a reasonable person to believe that entry ... was necessary to prevent physical harm to the officers or other persons, the destruction of relevant evidence, the escape of the suspect, or some other consequence improperly frustrating legitimate law enforcement efforts.

Murdock v. Stout, 54 F.3d 1437, 1441 (9th Cir.1995).1 Exigent circumstances should be assessed by the court “in view of the totality of the circumstances from the perspective of the police officers at the time of the entry.” Id. at 1441.

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Related

Stoner v. California
376 U.S. 483 (Supreme Court, 1964)
Welsh v. Wisconsin
466 U.S. 740 (Supreme Court, 1984)
Minnesota v. Olson
495 U.S. 91 (Supreme Court, 1990)
United States v. Victoria Hicks
752 F.2d 379 (Ninth Circuit, 1985)
United States v. Michael Allen Vasey
834 F.2d 782 (Ninth Circuit, 1987)
United States v. Sean Randall Wilson
865 F.2d 215 (Ninth Circuit, 1989)
United States v. Marvin Joseph Lindsey
877 F.2d 777 (Ninth Circuit, 1989)
United States v. Kenneth D. Gooch
6 F.3d 673 (Ninth Circuit, 1993)
Murdock v. Stout
54 F.3d 1437 (Ninth Circuit, 1995)

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Bluebook (online)
976 F. Supp. 1317, 1997 U.S. Dist. LEXIS 14448, 1997 WL 580895, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-creech-mtd-1997.