United States v. Kevin Daws

711 F.3d 725, 2013 WL 1296245, 2013 U.S. App. LEXIS 6538
CourtCourt of Appeals for the Sixth Circuit
DecidedApril 2, 2013
Docket12-5878
StatusPublished
Cited by5 cases

This text of 711 F.3d 725 (United States v. Kevin Daws) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth 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. Kevin Daws, 711 F.3d 725, 2013 WL 1296245, 2013 U.S. App. LEXIS 6538 (6th Cir. 2013).

Opinion

OPINION

SUTTON, Circuit Judge.

The question presented in this case is whether a public-safety exigency justified a warrantless search of Kevin Daws’s home. We think it did, and so did the district court before us. We therefore affirm.

I.

Sheriffs deputies in Henderson County (Tennessee) received word of an armed home invasion on a winter evening in 2010. They went to the crime scene, where the victim reported what had happened. The victim, who knew Daws, recounted that Daws had crashed a shotgun barrel through a glass window, then charged into the house. Daws forced the victim to his knees and thrust the gun in his face. Daws took a wad of cash and, before leaving, warned the victim that if he called the police, Daws would “come back and kill him.” R.65 at 20-21.

Toward the end of the interview, the officers received a second call about Daws, prompting them to go to another house. That occupant, who also knew Daws, said that Daws and another unnamed man had come over with a bundle of money and a shotgun, asking for a place to hide the weapon. The man refused, turned Daws away and called police, understandably worried that Daws would return to harm him.

The deputies also knew Daws. He had previous convictions for weapons violations, he was a convicted felon, and a neighbor had previously reported him for firing shots in his front yard. One deputy had been a corrections officer in the prison where Daws served time for aggravated burglary after holding a gas station attendant at gunpoint and threatening to kill him. Based on the two incidents and this background information, the deputies resolved to do two things: promptly apprehend Daws and be careful, the last of which prompted them to don body armor, call for backup and approach Daws’s rural house quietly.

Upon reaching Daws’s house, the deputies saw one of his Mends sitting outside on a tree stump. He was crying and, as they approached, the officers overheard him confess to someone on the phone that he and Daws had “done something bad” and were probably going to jail. Id. at 25. The deputies apprehended the man, and he told them Daws was inside. The deputies entered the house through an open door and found Daws asleep in the living room. After apprehending him, they performed a protective sweep of the house, which led to the discovery of Daws’s shotgun.

Federal prosecutors charged Daws with possession of a firearm and ammunition by a convicted felon. See 18 U.S.C. § 922(g). Daws pleaded guilty, and the court sen *727 tenced him to 210 months in prison. The plea agreement reserved Daws’s right to appeal the district court’s denial of his motion to suppress the evidence found in his house.

II.

The Fourth Amendment prohibits “unreasonable searches and seizures.” U.S. Const, amend. IV. Among many other requirements, the guarantee requires police to obtain a warrant before entering a suspect’s home unless exigent circumstances justify a reasonable officer’s belief that immediate action is necessary. Brigham City, Utah v. Stuart, 547 U.S. 398, 403, 126 S.Ct. 1943, 164 L.Ed.2d 650 (2006). As relevant here, an immediate risk of injury to the police or others inside or outside a home justifies a warrantless entry. Minnesota v. Olson, 495 U.S. 91, 100, 110 S.Ct. 1684, 109 L.Ed.2d 85 (1990). In assessing that risk, the police must make practical, on-the-spot decisions. The gravity of the crime being investigated, the likelihood that the suspect is armed and the suspect’s willingness to use a weapon all factor into the reasonableness equation. Id.; Bing ex rel. Bing v. City of Whitehall, Ohio, 456 F.3d 555, 564 (6th Cir.2006). When a district court denies a suppression motion, we “draw all factual inferences in favor of upholding the district court’s suppression ruling.” United States v. Panak, 552 F.3d 462, 465 (6th Cir.2009).

A confluence of reasonable concerns justified the immediate entry into Daws’s home. Daws committed a serious crime: He forced his way into a neighbor’s home, the significance of which Daws surely understands given the refuge he now seeks in the sanctity of his own home. Nor was this merely an invasion of the neighbor’s privacy: Daws was armed, stuck a gun in the man’s face and threatened to use it — then and later. The risk of injury to others escalated as events transpired during the two-hour period between the initial call and the arrest: The deputies received back-to-back reports that Daws was going from house to house threatening people with a shotgun. Nor did Daws make vague threats: He told the robbery victim that he would “come back and kill” the man if he called the police, a condition by then fulfilled, R.65 at 21; and when the second victim refused to hide his shotgun, Daws threatened him too, so much so that the victim was afraid Daws would “come back and hurt him.” Id. This also was not the deputies’ first encounter with Daws: They knew about his extensive criminal history and his proclivity for using guns in threatening and reckless ways. All of this understandably led the officers to go straight to Daws’s house to bring an immediate end to his serial threats and to eliminate the greater risk that he would act on them. When the deputies arrived at Daws’s home, they found a man crying on a tree stump and overheard him confess to a crime that would justify jail time for him and Daws. At this point, even the most reticent officer could be forgiven for taking matters into his own hands — and for halting an escalating set of risks.

All things considered, the situation presented a “potential for injury to the officers or others and the need for swift action.” United States v. Huffman, 461 F.3d 777, 785 (6th Cir.2006). The necessary delay associated with the alternative — getting a warrant — would have heightened the risk that Daws would act on the threats or make a run for it. The Fourth Amendment does not require police to ignore the real risk of a shootout or of a suspect’s escaping and making good on death threats.

Daws offers several rejoinders, all unconvincing. He downplays the seriousness of the night’s events, noting that he never fired any shots. The short answer *728 is: not yet and not that day. Officers need not wait until a suspect acts on a threat before taking action. An “exigency exists when officers can demonstrate that a suspect has a willingness to use a weapon.” Bing, 456 F.3d at 564 (internal quotation marks omitted); cf. United States v. Bates, 84 F.3d 790, 795 (6th Cir.1996) (criminal record and violent reputation justify dispensing with knock and announce).

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Bluebook (online)
711 F.3d 725, 2013 WL 1296245, 2013 U.S. App. LEXIS 6538, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-kevin-daws-ca6-2013.