United States v. Miguel A. Espinoza

256 F.3d 718, 2001 U.S. App. LEXIS 15522, 2001 WL 771044
CourtCourt of Appeals for the Seventh Circuit
DecidedJuly 11, 2001
Docket00-3090
StatusPublished
Cited by48 cases

This text of 256 F.3d 718 (United States v. Miguel A. Espinoza) 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. Miguel A. Espinoza, 256 F.3d 718, 2001 U.S. App. LEXIS 15522, 2001 WL 771044 (7th Cir. 2001).

Opinions

COFFEY, Circuit Judge.

On March 27, 2000, law enforcement officers in Racine, Wisconsin, executed a search warrant on Defendant-Appellee Miguel Espinoza’s residence. The search yielded large quantities of cocaine, marijuana, and cash. Espinoza was arrested and subsequently charged in an indictment with possession with intent to distribute in excess of 500 grams of cocaine. Thereafter, Espinoza filed a motion to suppress all the evidence obtained in the search of his apartment. After an evidentiary hearing was conducted, the district court held that the officers, in the course of entering the outer door of Espinoza’s apartment building, failed to comply with the timing element of the “knock and announce” requirement as described in Wilson v. Arkansas, 514 U.S. 927, 115 S.Ct. 1914, 131 L.Ed.2d 976(1995). The district court ordered all the evidence obtained in the search excluded. We reverse the district court’s decision to exclude evidence obtained in the search of Espinoza’s apartment and remand for proceedings consistent with this opinion.

I. BACKGROUND

On March 27, 2000, a Racine County, Wisconsin circuit judge issued a search warrant authorizing the search of Espinoza’s residence, the lower unit of a two-story duplex in the city of Racine. Issuance of the warrant was based upon information obtained from a confidential informant that an individual in the residence was in possession of 50-60 pounds of marijuana and a large quantity of cash.

Zachary Wright lived in the second-floor unit of the duplex while Espinoza occupied the ground-floor apartment. The residence had a single exterior entrance door that opened onto a common area. The common area consisted of a hallway, the front door to Espinoza’s residence, and a set of stairs leading to Wright’s upstairs apartment. Shortly before midnight on March 27, 2000, officers assigned to the Racine County Metro Drug Unit arrived at the residence. One officer knocked on the common exterior door to the duplex and announced “Sheriffs Department, search warrant.” Officers then waited approximately five seconds before using a battering ram on the locked exterior door.

After gaining entry into the common area (hallway), officers saw Wright coming down the stairs. Observing Wright in descent, Racine County Sheriffs Department Investigator Thomas Bauer again announced “Sheriffs Department, search warrant,” and other officers shouted at Wright to lie down on the floor. The officers then proceeded to the door of Espinoza’s residence (the second door), knocked, and once again announced “Sheriffs Department, search warrant.” After this announcement, the officers waited another five seconds without receiving a response from anyone inside. Investigator Bauer then attempted to kick the door open, breaking his foot in the process. This attempt to gain entry was unsuccessful, and another five to ten additional seconds elapsed while the officers positioned themselves to use the battering ram on the door of Espinoza’s residence.

When the officers hit the inner apartment door with the battering ram, the door opened approximately six inches and immediately closed. While the door was briefly open, the officers observed Espinoza attempting to hold the door shut in an effort to prevent them from gaining entry. [721]*721At the evidentiary hearing on Espinoza’s motion to suppress evidence, Deputy Brian Zimmermann testified that Espinoza had his back “wedged against the door with his feet propped up against the wall trying to keep us from entering.” After Deputy Zimmermann hit the inner door with the battering ram an additional two times without success, he and Investigator Bauer placed their weight against the door and were able to force it open. The officers entered the apartment and proceeded to perform a search of the residence without further incident. Espinoza was the only person present in the apartment. As a result of the search, the officers recovered in excess of two kilograms of cocaine, 50 pounds of marijuana, $108,000 in cash, and other drug paraphernalia.

On April 11, 2000, a federal grand jury returned a one count indictment charging Espinoza with possession with intent to distribute in excess of 500 grams of cocaine. 21 U.S.C. § 841. Espinoza filed a motion seeking suppression of the evidence found in the search of his apartment. In this motion Espinoza argued that the officers had failed to wait a reasonable amount of time after announcing their presence before forcing entry into his home, in violation of the Fourth Amendment’s proscription of unreasonable searches and seizures as discussed in Wilson, 514 U.S. at 930,115 S.Ct. 1914.

At the evidentiary hearing on the defendant’s motion to suppress evidence, officers from the Racine County Metro Drug Unit testified that prior to executing the warrant they had no information as to whether or not weapons might be located in Espinoza’s residence. Officers also testified that a five second wait between announcing their presence and forcing entry into a home was standard procedure when serving “knock and announce” search warrants.

Also testifying at the suppression hearing was Zachary Wright, the resident of the upstairs apartment. Wright stated that at approximately midnight on March 27, 2000, he was in his residence watching television and awaiting the arrival of friends. When Wright heard the officers knock at the downstairs exterior door, he assumed it was his guests, got up to let them in, and made it as far as the door of his apartment when he heard the noises signifying the officers’ use of the battering ram on the ground level exterior door. Wright then opened his door and stepped out onto the stairs where he was observed by the officers and ordered to lie on the floor.

The Magistrate Judge’s recommendation to the district court found that the officers had failed to wait a reasonable amount of time after knocking and announcing before forcibly entering the outer door of Espinoza’s building. The district court adopted the Magistrate’s recommendation, holding that in the absence of exigent circumstances, the officers waited an unreasonably short amount of time (five seconds) between announcing their presence and attempting forcible entry through the first (common) door of the residence, contrary to the Fourth Amendment reasonableness inquiry mandated in Wilson, 514 U.S. at 929, 115 S.Ct. 1914, and cases such as United States v. Anthony Jones, 208 F.3d 603, 609 (7th Cir.2000).1 United States v. Espinoza, 105 F.Supp.2d 1015 (E.D.Wis. 2000).

Relying on our decision in United States v. Stefonek, 179 F.3d 1030 (7th Cir.1999), cert. denied, 528 U.S. 1162, 120 S.Ct. 1177, 145 L.Ed.2d 1085 (2000), the district court [722]*722judge also held that the exclusion of evidence obtained in the search was an appropriate sanction for the officers’ violation of the timing element of the “knock and announce” rule. The court reasoned that Espinoza was entitled to the remedy of exclusion because the timing of the officers’ entry through the exterior door caused harm to Espinoza’s interests as protected by the knock and announce requirement. See Stefonek, 179 F.3d at 1086. The district court judge also relied on case law from the Sixth and Eighth circuits2

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

Related

Walker v. Gatsios
N.D. Illinois, 2024
Morales v. Kelly
C.D. Illinois, 2024
Hodo v. City Of Chicago
N.D. Illinois, 2022
Tate v. City of Chicago
N.D. Illinois, 2020
People v. McGregory
2019 IL App (1st) 173101 (Appellate Court of Illinois, 2019)
United States v. Lonnie Whitaker
820 F.3d 849 (Seventh Circuit, 2016)
Roger Trent v. Steven Wade
776 F.3d 368 (Fifth Circuit, 2015)
Timothy Harney v. City of Chicago
702 F.3d 916 (Seventh Circuit, 2012)
Linda Florek v. Village of Mundelei
649 F.3d 594 (Seventh Circuit, 2011)
United States v. Conrad
668 F. Supp. 2d 1071 (N.D. Illinois, 2009)
Springer v. Durflinger
518 F.3d 479 (Seventh Circuit, 2008)
United States v. Villegas
495 F.3d 761 (Seventh Circuit, 2007)
United States v. Marzook
435 F. Supp. 2d 778 (N.D. Illinois, 2006)
Jones, Mark D. v. Wilhelm, Ron
Seventh Circuit, 2005
Green, Michael v. Butler, Marlo
Seventh Circuit, 2005
United States v. Durriel E. Gillaum
372 F.3d 848 (Seventh Circuit, 2004)

Cite This Page — Counsel Stack

Bluebook (online)
256 F.3d 718, 2001 U.S. App. LEXIS 15522, 2001 WL 771044, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-miguel-a-espinoza-ca7-2001.