United States v. Purcell

526 F.3d 953, 2008 U.S. App. LEXIS 11398, 2008 WL 2200096
CourtCourt of Appeals for the Sixth Circuit
DecidedMay 29, 2008
Docket07-5517
StatusPublished
Cited by44 cases

This text of 526 F.3d 953 (United States v. Purcell) 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. Purcell, 526 F.3d 953, 2008 U.S. App. LEXIS 11398, 2008 WL 2200096 (6th Cir. 2008).

Opinions

MOORE, J., delivered the opinion of the court, in which GILMAN, J., joined. SUTTON, J. (pp. 965-68), delivered a separate opinion concurring in part and dissenting in part.

OPINION

KAREN NELSON MOORE, Circuit Judge.

In this case we are asked whether the discovery of men’s clothing in a bag that a female claimed to own erases for future bags the apparent authority that justified the officers’ warrantless search of the first bag, thereby making a subsequent search illegal. We hold that the discovery of men’s clothing eviscerated any apparent authority, but that the officers could have reestablished apparent authority by asking the supposed bag owner to verify her control over the other bags to be searched. Furthermore, we hold that exigent circumstances did not justify the illegal search. Because the officers in the instant case did not reestablish apparent authority and could not justify proceeding with a warrantless search by claiming an exigency, we hold that district court did not err when it suppressed the firearm that officers discovered after any apparent authority dissipated, and we AFFIRM the district court’s partial grant of the defendant’s motion to suppress.

I. BACKGROUND

A. Factual Background

On June 28, 2006, Special Agent John Scott (“Scott”) and the Southern Ohio Fugitive Apprehension Strike Team (“SO-FAST”) 1 received a tip that Frederick Purcell, Jr. (“Purcell”), an escapee from prison, was staying at a hotel in Kentucky. The tip indicated that Purcell was residing at the hotel with his girlfriend, Yolande Crist (“Crist”). As Scott and the other members of SOFAST drove to the hotel, they received information that Purcell “was a meth manufacturer and that Blue [957]*957Ash[, Ohio police] had arrested him for manufacturing meth.” Joint Appendix (“J.A.”) at 64 (Hr’g Tr., John Scott Test. at 6:23-24).

Upon arrival at the hotel, the SOFAST agents quickly identified Purcell standing outside and arrested him without incident. After arresting Purcell, Scott and the other SOFAST agents went to Purcell’s hotel room. The agents were concerned that, given what they knew of his history, Purcell may have been manufacturing methamphetamine in the room. As Agent Scott noted, “I’m basically an ATF agent so my knowledge of meth manufacturing is basically the explosive potential of it. So we were concerned about endangerment of the hotel guests.” J.A. at 65 (Scott at 7:15-17).

The officers knocked on the door to Purcell’s room and could hear the shower running as well as a fan blowing. After about three minutes, Crist opened the door and assured the officers that there was no methamphetamine manufacturing occurring in the room. Crist then gave her consent for the officers to take a quick look around the room. Although Crist would later authorize a full search of the room, during this first search the agents did only what Crist authorized them to do: perform a cursory sweep of the room.

During this initial sweep of the room, the agents observed “two duffel type bag suitcases near the door” and a backpack located between the bed and window at some distance from the two duffel bags. (Omitted from J.A., Scott at 16:19-20); J.A. at 95 (Dec. 14, 2006, Hr’g Tr., M. Duane Rolfsen Test, at 58:21-24). Clothes covered most of the rest of the floor, but despite the mess, the agents noticed several suspicious items, such as possible marijuana leaves, steel wool, a butane torch, the shower operating at full strength, and a box fan blowing air out from the shower. Having observed these suspicious items, the agents called for assistance from officers with experience identifying and handling methamphetamine labs.

Agent Matthew Duane Rolfsen (“Rolfsen”) of the Northern Kentucky Drug Strike Force was called to the scene because he was certified to process methamphetamine labs and had dealt with Purcell on a prior occasion. Agent Rolfsen, like the first agents to arrive on the scene, was also concerned about the hazards that a methamphetamine lab in a hotel room might pose:

Our immediate concern, due to his past history and what he was actually serving time on when he escaped, was the meth lab itself, was for the community safety and the hotel safety and the patrons’ safety that were in the hotel. If there is a meth lab, there is a lot of chemical hazards. There’s a lot of safety hazards. It’s a possibility of dying from the fumes and the chemicals involved in making methamphetamine.

J.A. at 81 (Rolfsen at 33:9-15).

Upon arriving at the hotel, Agent Rolfsen talked to Agent Scott and then conducted his own cursory sweep of the hotel room. Agent Rolfsen observed the same suspicious items as Agent Scott, but Agent Rolfsen also noticed cookware “consistent with manufacturing methamphetamine,” cutting agent, “a metal spoon with burnt material,” a torch, “brass material consistent with use for making pipes to smoke” drugs, and “plastic tubes, which is consistent with snorting various drugs.” J.A. at 83 (Rolfsen at 35:2-13). Although the agents identified some evidence, such as the cookware, that was consistent with methamphetamine production, it is notable that Agent Rolfsen did not smell any of the telltale chemical odors that often accompany methamphetamine labs. Agent Rolfsen noted, however, that the lack of smell was not conclusive: “once you’ve [958]*958done the cook, there’s not always a smell. Depends how much material is still there.” J.A. at 89 (Rolfsen at 49:10-14).

After making his initial sweep of the room, Agent Rolfsen asked Crist for and received permission to conduct a more complete search. As Agent Rolfsen and other officers began the search, they asked Crist whether there was anything in the room that could be dangerous, and “[s]he indicated there was a firearm in the room.” J.A. at 84 (Rolfsen at 36:20-24). Crist did not mention any methamphetamine-related dangers, but she did state that a firearm was in one of the bags in the room, although she was not sure which one. Agent Rolfsen moved toward the duffel bags by the door and pointed to “a green brown bag” and asked Crist “[i]s it this bag?” Crist responded that “it might be.” J.A. at 85 (Rolfsen at 37:1-3). Agent Rolfsen opened that first duffel bag near the door, and as he was searching it Crist “said that was her bag because she set her purse on top of it.” J.A. at 94 (Rolfsen at 56:6-7). Upon opening the bag, Agent Rolfsen discovered marijuana but no firearm. In addition to the marijuana, Agent Rolfsen discovered that the bag did not contain Crist’s personal effects, as one might expect, but instead contained only men’s clothing.

The discovery of the men’s clothing inside the bag indicated that it was actually Purcell’s bag, not Crist’s, as she had claimed. This was not a complete surprise for the agents because they knew that Purcell owned some of the items in the room even though they did not know initially which bags were his; “[Crist] definitely said there was [sic] items in that room that belonged to Fred Purcell.” J.A. at 92 (Rolfsen at 53:15-16). Although Agent Rolfsen realized that Crist had misstated her ownership of the bag, he did not ask her to verify whether she owned any of the other bags in the room. Shortly thereafter, another agent found the firearm in a brown-green backpack that was not sitting near the other closed bags by the door but was instead sitting “on the floor by the bed and between the bed and the window.” J.A. at 95 (Rolfsen at 58:21-24).

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Cite This Page — Counsel Stack

Bluebook (online)
526 F.3d 953, 2008 U.S. App. LEXIS 11398, 2008 WL 2200096, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-purcell-ca6-2008.