United States v. Leslie Delynn Chambers

395 F.3d 563, 2005 U.S. App. LEXIS 1621, 2005 WL 233776
CourtCourt of Appeals for the Sixth Circuit
DecidedFebruary 2, 2005
Docket03-6298, 03-6406
StatusPublished
Cited by78 cases

This text of 395 F.3d 563 (United States v. Leslie Delynn Chambers) 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. Leslie Delynn Chambers, 395 F.3d 563, 2005 U.S. App. LEXIS 1621, 2005 WL 233776 (6th Cir. 2005).

Opinions

OPINION

MERRITT, Circuit Judge.

In this drug case, the District Court suppressed evidence of a methamphet[565]*565amine laboratory seized by police officers as a result of a warrantless search of a trailer home and garage on a remote country road in a farming area of West Tennessee. The officers did not seek judicial review and approval in advance as the Fourth Amendment requires except in extraordinary circumstances. The government appeals the suppression order primarily on the ground that the possible destruction of evidence justified the war-rantless search under the “exigent circumstances” exception to the warrant requirement. Secondarily, the government also claims as an alternative theory that the officers obtained a valid consent to search after their forced entry at the home. We will first set out the principles governing warrantless searches for evidence and then apply those principles to the situation before us. We will affirm the judgment of the District Court because here there was no emergency justifying a warrantless search and the officers anticipated that they would conduct the search and could easily have obtained a search warrant.

I. Principles Limiting Warrantless Searches Based on “Exigent Circumstances”

The principles governing warrantless searches based on “exigent circumstances” are fairly well settled. In the Fourth Amendment, the Founders required a warrant for searches and seizures because they did not trust constables, sheriffs and other officers to decide for themselves when they had probable cause to search houses, individuals and places of business. The first and most important principle is that searches must ordinarily be cleared in advance as a part of the judicial process. In Coolidge v. New Hampshire, 403 U.S. 443, 454-55, 91 S.Ct. 2022, 29 L.Ed.2d 564 (1971) (footnotes omitted), the Supreme Court explained:

Thus the most basic constitutional rule in this area is that “searches conducted outside the judicial process, without prior approval by judge or magistrate, are per se unreasonable under the Fourth Amendment — subject only to a few specifically established and well-delineated exceptions.” The exceptions are “jealously and carefully drawn,” and there must be “a showing by those who seek exemption ... that the exigencies of the situation made that course imperative.” “[T]he burden is on those seeking the exemption to show the need for it.”

(Emphasis added and footnotes omitted.) In order for a warrantless search to pass muster, probable cause must exist, but “no amount of probable cause can justify a warrantless seizure,” id. at 471, 91 S.Ct. 2022, because, in addition, the cause of the search must be based on an “emergency” and hence, “inadvertent” or unanticipated. “Where the discovery is anticipated, where the police know in advance the location of the evidence and intend to seize it, the situation is altogether different.” Id. at 470, 91 S.Ct. 2022.

Under these principles, officers must seek a warrant based on probable cause when they believe in advance they will find contraband or evidence of a crime. They must articulate the basis of their belief in the affidavit and bring the matter before a magistrate. When the police go to a home with the intention of searching for evidence, they may not forgo a warrant.

When there is neither a warrant nor consent, courts will only permit a search or seizure to stand under extraordinary circumstances. In McDonald v. United States, 335 U.S. 451, 69 S.Ct. 191, 93 L.Ed. 153 (1948), “three police officers [without a warrant] surrounded the house” they had had under surveillance for two months where they believed that McDonald was conducting a numbers racketeering operation. “While outside the [566]*566house, one of the officers thought he heard an adding machine. These machines are frequently used in the numbers operation. Believing that the numbers game was in process, the officers sought admission to the house.” Id. at 452, 69 S.Ct. 191. They entered the home and seized the evidence while the numbers operation was in progress. The Court suppressed the evidence:

Where, as here, officers are not responding to an emergency, there must be compelling reasons to justify the absence of a search warrant .... We will not assume that where a defendant has been under surveillance for months, no search warrant could have been obtained .... No reason, except inconvenience of the officers and delay in preparing papers and getting before a magistrate, appears for the failure to seek a search warrant .... Absent some grave emergency, the Fourth Amendment has interposed a magistrate between the citizen and the police.

Id. at 454-55, 69 S.Ct. 191 (emphasis added). The “imperative” and “anticipated” language of Coolidge and the “grave emergency” language of McDonald are designed to insure that officers will seek a warrant based on probable cause when they have a belief in advance that they will find contraband or evidence of a crime. They may only forego a warrant in the case of a true exigency or emergency.

Moreover, for a warrantless search to stand, law enforcement officers must be responding to an unanticipated exigency rather than simply creating the exigency for themselves. In United States v. Richard, 994 F.2d 244 (5th Cir.1993), the officers were conducting surveillance of a hotel room occupied by suspects. The officers approached the door, knocked, and announced that they were police officers. The officers heard the sound of people talking softly, heard doors or drawers slamming, and footsteps moving about. The officer kicked the door open and entered the room without a warrant. Although officers claimed that they did not have probable cause to obtain a warrant in the beginning, the evidence suggested otherwise. Id. at 248. The court held that the officers could have secured the area around the room while they waited for a warrant; but because they did not, the officers had created the exigent circumstances that they wanted to rely on to justify their warrantless entry. A “war-rantless entry became a foregone conclusion once officers knocked.” Id. at 249-50. McDonald and Richard stand firmly for the proposition that warrantless searches are not permitted when the only exigency is one that is of the officer’s creation.

Likewise, in Ewolski v. City of Brunswick, 287 F.3d 492, 504 (6th Cir.2002), we reviewed a number of the “ereated-exigen-cy” cases that apply the emergency and inadvertence principle which, we said, cannot be met “if the police controlled the timing of the encounter giving rise to the search.” Our review concluded that “the created-exigency cases have typically required some showing of deliberate conduct on the part of the police evincing an effort intentionally to evade the warrant requirement.” Id: (Emphasis added.)

II. Application of “Exigent Circumstances” Principles to the Facts of this Case

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Hanifan v. State
177 So. 3d 277 (District Court of Appeal of Florida, 2015)
McInerney v. King
791 F.3d 1224 (Tenth Circuit, 2015)
Enyart v. Coleman
29 F. Supp. 3d 1059 (N.D. Ohio, 2014)
People v. Brunsting
2013 CO 55 (Supreme Court of Colorado, 2013)
United States v. Cote
72 M.J. 41 (Court of Appeals for the Armed Forces, 2013)
Robert Andrews v. Hickman County, Tennessee
700 F.3d 845 (Sixth Circuit, 2012)
United States v. Marin Moreno
701 F.3d 64 (Second Circuit, 2012)
United States v. Ramirez
676 F.3d 755 (Eighth Circuit, 2012)
Jones v. Sandusky County
889 F. Supp. 2d 990 (N.D. Ohio, 2012)
United States v. Raymond Johnson
457 F. App'x 512 (Sixth Circuit, 2012)
State v. Maxwell
2011 UT 81 (Utah Supreme Court, 2011)
Kentucky v. King
131 S. Ct. 1849 (Supreme Court, 2011)
United States v. Lucas
640 F.3d 168 (Sixth Circuit, 2011)
Nieminski v. State
60 So. 3d 521 (District Court of Appeal of Florida, 2011)
United States v. Butler
405 F. App'x 652 (Third Circuit, 2010)
King v. Commonwealth
302 S.W.3d 649 (Kentucky Supreme Court, 2010)
United States v. Adams
583 F.3d 457 (Sixth Circuit, 2009)
Brenda Brooks v. David Rothe
Sixth Circuit, 2009
Brooks v. Rothe
577 F.3d 701 (Sixth Circuit, 2009)
State v. Moore
309 S.W.3d 512 (Court of Criminal Appeals of Tennessee, 2009)

Cite This Page — Counsel Stack

Bluebook (online)
395 F.3d 563, 2005 U.S. App. LEXIS 1621, 2005 WL 233776, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-leslie-delynn-chambers-ca6-2005.