United States v. Lenin M. Jerez and Carlos M. Solis

108 F.3d 684
CourtCourt of Appeals for the Seventh Circuit
DecidedMay 19, 1997
Docket95-1549, 95-1562
StatusPublished
Cited by206 cases

This text of 108 F.3d 684 (United States v. Lenin M. Jerez and Carlos M. Solis) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh 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. Lenin M. Jerez and Carlos M. Solis, 108 F.3d 684 (7th Cir. 1997).

Opinions

RIPPLE, Circuit Judge.

Lenin Jerez and Carlos Solis pleaded guilty to possession with intent to distribute cocaine in violation of 21 U.S.C. § 841(a)(1). Prior to entering the pleas, Mr. Jerez and Mr. Solis filed motions to suppress the cocaine which formed the basis of the charges on the ground that its seizure violated the Fourth Amendment. The district court denied the motions. Pursuant to their conditional plea agreements, Mr. Jerez and Mr. Solis now appeal the district court’s denial of their motions to suppress. For the reasons set forth in the following opinion, we reverse the judgment of the district court.

I

BACKGROUND

A. Facts

On September 26, 1994, Deputy Sheriffs Donald Hurrle and Daniel Lent were patrolling the area around Mitchell Field International Airport in Milwaukee County, Wisconsin. Both officers were assigned to the drug interdiction unit, the purpose, of which was to prevent the entry of illegal drugs into Milwaukee County. The officers were looking for “target vehicles” from “source states.” “Target vehicles” are vans or two-door vehicles. Deputy Hurrle testified that such vehicles are favored by drug couriers. “Source states” include California, Texas, Florida and Arizona. These states are considered to be a locus of drug trafficking.

At around 7:25 p.m., Deputies Hurrle and Lent noticed a two-door, white 1988 Honda Prelude with Florida license plates in the parking lot of a Quality Inn near the airport. Because the two-door ear from Florida was parked near the airport and the interstate, the officers believed that the car might be involved in drug trafficking. Seeking more information about the car, Deputy Hurrle used his radio to request the Sheriffs Department to run the license plate number through its computer. The check revealed that the car was not stolen and was registered to Carlos M. Solis of Miami, Florida. The officers then entered the motel to ask the staff at the front desk some questions about Mr. Solis. They learned that Mr. Solis was a registered guest at the motel and was staying in Room 161 with another individual.

Deputies Hurrle and Lent proceeded from the motel to the Sheriffs Office at the airport to obtain more information about Mr. Solis, including whether Mr. Solis had a criminal history and whether he was wanted in any other jurisdiction. Their computer investigation revealed that Mr. Solis’ Florida driver’s license was suspended and that he had been arrested in August 1994 for smuggling contraband into the Dade County Jail.1 The investigation did not reveal why the driver’s license was suspended or what type of contraband Mr. Solis had been accused of smuggling into the jail. Mr. Solis had no extraditable felony warrants.

At around 8:30 p.m., after responding to another call, the officers returned to the Quality Inn. Deputy Hurrle, at the suppression hearing, stated that the reason for returning was that the deputies “hope[d they] could get a consent search” by knocking on the door of Mr. Solis’ motel room. Tr. at 34. Because Mr. Solis’ car was no longer in the parking lot when they arrived, the officers instead decided to set up surveillance of the area. Deputies Hurrle and Lent proceeded to maintain a look-out of the parking lot for more than two hours, during which time they saw no sign of the Honda. At 10:45 p.m., close to the officers’ 11:00 p.m. “quitting time,” the deputies returned to the airport office to complete their activity reports for the day and to fax the reports to the central office of the Sheriffs Department.

[687]*687On the way home just after 11 p.m., Deputy Lent drove past the Quality Inn and noticed that Mr. Solis’ white Honda was again in the parking lot. He contacted Deputy Hurrle to relay the sighting and to request that Deputy Hurrle meet him in the parking lot. About five minutes later, Deputy Hurrle arrived and, along with Deputy Lent, proceeded into the hallway of the motel towards Room 161.

At around 11:05 or 11:10 p.m., when the two officers arrived at Room 161, the room was “quiet”; no sounds were heard coming from the room. Tr. at 38. Nevertheless, the deputies “immediately knocked on the door for several minutes, getting no response.” Tr. at 79. The deputies took turns knocking. Deputy Lent testified that, after Deputy Hurrle “initiated the knocking” and “got no response,” he (Deputy Lent) “then knocked on the door for a period of approximately three minutes.” Id. When Deputy Lent was asked at the suppression hearing whether the officers had knocked “[t]he whole three minutes,” he responded, “Intermittently, between myself and Detective Hurrle, yes.” Id.2 At some point during the knocking, one of the deputies spoke in the direction of the door, “Police. Open up the door. We’d like to talk to you.” Tr. at 93.

Dissatisfied with the lack of response and convinced that the room’s occupants, though hearing the knocks, were “voluntarily” ignoring them, id., Deputy Hurrle decided to go outside and knock on the window of Room 161. At the suppression hearing, Deputy Lent explained this decision and the persistence of the officers: “[0]ur reasons for sticking around were — and for proceeding to knock on the window were — [it] was beginning to be a late hour. [The p]eople [in the motel room were] from a strange city. [They m]ay in fact feel threatened if someone comes and knocks at the door, [at a] late hour. That’s [also] why we proceeded to-present ourselves as officers.” Id. Deputy Hurrle wanted to “see if he could get a responsef, v]ia the window versus the door.” Tr. at 94.

Deputy Hurrle exited the motel and walked around to the window of Room 161 while Deputy Lent “continued to stand by at the door and continued to knock.” Tr. at 80. Deputy Hurrle then “began knocking on [the room’s window] while [Deputy] Lent continued knocking on the door.” Magistrate Judge’s Recommendation at 3. The knocking on the window was loud enough for Deputy Lent to hear it from where he was knocking. Despite the commotion, there was no immediate response from the room. Finally, after Deputy Hurrle had “knock[ed] on the window for approximately one-and-a-half to two minutes,” Deputy Lent heard movement inside Room 161. Tr. at 94.

Deputy Hurrle testified that, after he knocked on the window “a couple of times,” he saw, through a small opening in the window’s drapes, Mr. Jerez’ face as he lay in the bed. Tr. at 44, 46. The deputy directed light from his flashlight into the room in order to make this observation. With the aid of the flashlight, Deputy Hurrle saw Mr. Jerez move under the covers. Soon thereafter, Mr. Solis opened the drapes to see Deputy Hurrle standing in front of the window. The deputy was wearing a windbreaker-type jacket with a law enforcement emblem and lettering, “Drug Enforcement Unit, Milwaukee County Sheriffs Department.” Tr. at 47. Deputy Lent testified that, from where he was standing, he heard Deputy Hurrle address Mr. Solis, “Sheriffs Department. Can we talk to you? Would you open up the door?” or with words to that effect. Tr. at 95. Deputy Hurrle testified that Mr. Solis shook his head “yes” in response.

When Deputy Hurrle returned to the inner hallway, Mr. Solis, clothed only in his underwear, was opening the door. The room behind him was dark. The officers identified themselves, displayed their badges, and asked if they could speak with him. ■ Mr.

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Cite This Page — Counsel Stack

Bluebook (online)
108 F.3d 684, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-lenin-m-jerez-and-carlos-m-solis-ca7-1997.