United States v. Harold Cattouse

846 F.2d 144, 1988 U.S. App. LEXIS 6150
CourtCourt of Appeals for the Second Circuit
DecidedMay 5, 1988
Docket439, Docket 87-1355
StatusPublished
Cited by34 cases

This text of 846 F.2d 144 (United States v. Harold Cattouse) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second 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. Harold Cattouse, 846 F.2d 144, 1988 U.S. App. LEXIS 6150 (2d Cir. 1988).

Opinions

GEORGE C. PRATT, Circuit Judge:

This appeal raises the question of whether exigent circumstances that arise foresee-ably as the result of a government-controlled purchase of narcotics justify a war-rantless arrest of the target of the investigation in his home. Harold Cattouse appeals from a judgment of the United States District Court for the Southern District of New York, Charles S. Haight, Judge, convicting him of conspiracy to distribute phencyclidine (“PCP”) in violation of 21 U.S.C. § 846, and distribution of PCP in violation of 21 U.S.C. §§ 812, 841(a)(1), and 845(a). Cattouse entered a conditional guilty plea, reserving his right to appeal the district court’s denial of his motion to suppress statements and physical evidence that were the fruits of his warrantless arrest.

At the suppression hearing the government argued that exigent circumstances justified the warrantless arrest and that, therefore, statements made by Cattouse and the $3,000 in buy money seized at the time of the arrest should not be excluded from evidence. Cattouse argued that, because the exigent circumstances were foreseeable, the agents should have obtained a warrant earlier in the day, and cannot rely on circumstances they created to justify the warrantless arrest. Because we agree with the district judge that the warrantless arrest was justified under the exigent circumstances doctrine, and that it was reasonable for the agents here not to obtain a warrant earlier in the operation, 666 F.Supp. 480, we affirm.

BACKGROUND

Special agent Timothy Higgins of the United States Drug Enforcement Administration (“DEA”) initiated the investigation that led to Cattouse’s arrest. According to Higgins’ testimony at the suppression hearing, a confidential informant had contacted Higgins and stated that he had arranged a purchase of PCP in the neighborhood of 164 W. 133 Street from a person named “Yogi”. On May 9, 1986, Higgins, another agent, and the informant drove to the target area where Higgins gave the informant $300. Between 10:30 a.m. and 11:00 a.m., the informant returned with a small bottle of liquid PCP. The informant explained that he had met Yogi, had entered 164 W. 133 Street, and had proceeded to an apartment on the second or third floor where Yogi had knocked on the door and an individual had handed him the bottle of PCP in exchange for the $300. Judge Haight found that, while the informant had not seen the individual who handed the bottle to Yogi, a few moments later a person the informant described only as a “fat black guy”, later identified as Cattouse, had met the informant in the hallway bathroom and assured him that the PCP was “good stuff”.

The two agents and the informant then returned to headquarters. Although they had a general physical description, they had not yet identified the “fat black guy” as Harold Cattouse. The agents decided to attempt a larger buy that afternoon. At about 2:00 p.m., five agents, all white, drove back to the predominantly black neighborhood with the informant and set up limited surveillance of 164 W. 133 Street. The informant told the agents that there were lookouts in the area, so to avoid detection, the agents moved frequently.

[146]*146The informant returned to the third floor apartment at 164 W. 133 Street and arranged to buy 16 ounces of liquid PCP from Cattouse for $3,000. According to the informant, Cattouse then left to obtain the PCP. Although the agents had continued their surveillance, they did not observe Cattouse leaving the building.

Later, at about 3:10 p.m., however, they saw a man matching the informant’s description of Cattouse entering the apartment house carrying a brown paper bag. When the informant telephoned a number either Yogi or Cattouse had given him earlier, the woman who answered confirmed that Cattouse had returned. The informant then went to the apartment with the $3,000 government buy money and completed the purchase.

When the informant emerged with a brown paper bag containing a 16 ounce bottle filled with liquid PCP, approximately fifteen to twenty minutes later, he told the agents that a tall black man and two black women were also in the apartment or in the hallway area with Cattouse. The agents decided to try to make an arrest and, while Higgins attempted to get to the back of the apartment building, the other agents followed the informant up to Cattouse’s apartment. At approximately 4:00 p.m., when the apartment door was opened to the informant’s knock, the agents entered the apartment, seized the $3,000 marked buy money, and arrested Cattouse, informing him of his rights. In an interrogation immediately following this arrest, the agents elicited inculpatory statements from Cat-touse. Through his suppression motion Cattouse unsuccessfully sought to prevent those statements and the buy money from being admitted into evidence.

DISCUSSION

On appeal, Cattouse contends that the exigent-circumstances exception to the general rule requiring a warrant for an arrest in a person’s home should not apply here, because the only exigency, fear that evidence would be removed or destroyed, arose because the agents had planned the operation so as to arrest the suspect with marked buy money.

A warrantless arrest of a person in his own home is “presumptively unreasonable”, Payton v. New York, 445 U.S. 573, 586, 100 S.Ct. 1371, 1380, 63 L.Ed.2d 639 (1980), and therefore prohibited by the fourth amendment, unless the government can show that “exigent circumstances” required that the arrest be made before a warrant could be obtained. Welsh v. Wisconsin, 466 U.S. 740, 750, 104 S.Ct. 2091, 2098, 80 L.Ed.2d 732 (1984). The question here is whether the government met its burden of demonstrating “exigent circumstances” that justified Cattouse’s arrest without a warrant.

Several factors help to determine whether exigent circumstances exist at the time of an arrest.

These include (1) the gravity or violent nature of the offense with which the suspect is to be charged; (2) whether the suspect “is reasonably believed to be armed”; (3) “a clear showing of probable cause * * * to believe that the suspect committed the crime”; (4) “strong reason to believe that the suspect is in the premises being entered”; (5) “a likelihood that the suspect will escape if not swiftly apprehended”; and (6) the peaceful circumstances of the entry.

United States v. Martinez-Gonzalez, 686 F.2d 93, 100 (2d Cir.1982) quoting, United States v. Reed, 572 F.2d 412, 424 (2d Cir.), cert. denied, 439 U.S. 913, 99 S.Ct. 283, 58 L.Ed.2d 259 (1978). See also Welsh v. Wisconsin, 466 U.S. at 753, 104 S.Ct. at 2099. This list is “illustrative, not exclusive”, United States v. Martinez-Gonzalez, 686 F.2d at 100.

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Bluebook (online)
846 F.2d 144, 1988 U.S. App. LEXIS 6150, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-harold-cattouse-ca2-1988.