United States v. Ronald Tobin, Clifford Roger Ackerson, United States of America v. Ronald Tobin

923 F.2d 1506, 1991 U.S. App. LEXIS 2683
CourtCourt of Appeals for the Eleventh Circuit
DecidedFebruary 21, 1991
Docket17-13659
StatusPublished
Cited by265 cases

This text of 923 F.2d 1506 (United States v. Ronald Tobin, Clifford Roger Ackerson, United States of America v. Ronald Tobin) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh 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. Ronald Tobin, Clifford Roger Ackerson, United States of America v. Ronald Tobin, 923 F.2d 1506, 1991 U.S. App. LEXIS 2683 (11th Cir. 1991).

Opinions

JOHNSON, Circuit Judge:

This case arises from the district court’s denial of co-defendants Ronald Tobin’s and Clifford Aekerson’s motions to suppress evidence seized in a search of Ackerson’s home, garage, and a station wagon parked in the garage. A panel of this Court reversed the district court’s finding that the search was permissible under the Fourth Amendment and held that Ackerson’s motion should have been granted. The panel, however, affirmed the district court’s denial of Tobin’s motion, holding that Tobin did not have standing to contest the legality of the search. We vacated the panel’s opinion and now affirm en banc the district court’s denial of both motions to suppress.

I. STATEMENT OF THE CASE

A. Factual Background

The facts of this case are extensively reported in the panel’s opinion. United States v. Tobin, 890 F.2d 319 (11th Cir.1989), reh’g granted and opinion vacated, [1508]*1508902 F.2d 821 (11th Cir.1990). We therefore give only the following brief summary.

On March 19, 1986, two United States Customs agents and two Drug Enforcement Administration agents were conducting a surveillance unrelated to the instant case in a residential neighborhood in Miami. The agents watched the neighborhood from a field located northwest of the front of defendant Clifford Ackerson’s house. Around 3:30 in the afternoon, one of the agents noticed a Mercury Marquis abruptly stop in front of Ackerson’s house and back into the driveway. The agents began watching the activity through binoculars. Defendant Ronald Tobin got out of the car, looked around, ran to the front door, knocked, and was admitted within one minute. Shortly thereafter, Ackerson lifted the garage door three-quarters of the way up, looking up and down the street as he held the door. Tobin emerged and unlocked the trunk of the Mercury. He removed three clear plastic tubular bags, each approximately four feet long. According to one agent’s testimony, smaller bundles were visible inside the bags. To-bin quickly put the bags in the garage. While the garage door was open, the agents observed a station wagon parked inside. A third vehicle, a pickup truck, was parked in the front yard.

Believing that the tubular bags contained cocaine, three of the agents decided to go to the door and talk to the occupants of the house. The fourth agent remained at the surveillance post. The three agents pulled up in front of the house in their individual unmarked vehicles. One went to the door; another accompanied the first as security backup; the third went to the corner of the house near the garage to stand out of sight.

The first agent knocked and received no answer. He continued knocking for three to four minutes, calling out in English and Spanish.1 Ackerson opened the door. The agent showed him his credentials, told him he wanted to talk to him about the car in the driveway, and explained that he believed someone had put cocaine in his garage. Ackerson denied that anyone had recently backed into the driveway and stated that no one else was in his home. The agent smelled marijuana coming from inside the house as they spoke. Ackerson eventually called Tobin to the door. Tobin denied having driven the car there. When the agent explained all he had observed, Tobin continued to deny it.

The agent then told the two men that he thought they should all go to the garage and see what was there. Ackerson turned and walked inside the house in the direction of the garage. The agent followed him into the house. Tobin and the backup agent followed to the rear. When they got to the garage, the first agent asked Acker-son to open the outside garage door. He moved around the station wagon and opened it. The third agent, standing outside on the driveway, looked into the garage and spotted the tubular bags on the floor. One of the bags had been opened. The agent could see that it contained cocaine. The agents then placed Ackerson and Tobin under arrest. The agents did a security sweep of the house and discovered three bales of marijuana in the shower stall of the bathroom connected to the master bedroom. One of the agents also noticed through the windows of the station wagon in the garage that the screws had been removed from the floorplate over the wheel well in the rear of the vehicle. Upon opening the back of the vehicle and lifting up the wheel well cover, the agent found grocery bags full of cash, totalling $775,000.

B. Procedural History

1. The District Court

Ackerson and Tobin were charged with conspiracy and possession with intent to distribute cocaine in violation of 21 U.S. C.A. §§ 841(a)(1) & 846 and 18 U.S.C.A. § 2. Ackerson alone was charged with possession with intent to distribute marijuana in violation of 21 U.S.C.A. § 841(a)(1).

Both defendants filed motions to suppress the fruits of the searches. After [1509]*1509holding a hearing on the motions, the magistrate recommended that the district court grant both motions to suppress, finding that the searches were illegal and that To-bin as well as Ackerson had standing to contest the searches.

After the government objected to the magistrate’s report, the district court held a de novo hearing on the standing issue. The court subsequently entered an order denying both motions to suppress, holding that, based on the magistrate’s findings, the search of the garage and protective sweep of the house were legal and that neither defendant had standing to contest the search of the station wagon because both had denied ownership of it. The court was thus not required to address Tobin’s standing as to the house and garage, though it commented that the evidence adduced at the hearing did not support a finding that Tobin had a privacy interest in the house or garage to which Fourth Amendment protections could attach.

Tobin and Ackerson thereafter entered plea agreements with the government whereby they would both plead guilty to possession with intent to distribute cocaine, reserving the right to appeal the denial of their motions to suppress and to withdraw the guilty pleas if they prevailed. They subsequently pled guilty pursuant to the agreement. The court sentenced both defendants to terms of fifteen years in prison and fines of $100,000. Both defendants remained free on bond pending the appeal.

2. The Panel

The panel reversed the district court’s denial of Ackerson’s motion to suppress, but affirmed the denial of Tobin’s motion. Tobin, 890 F.2d at 382. In the panel’s view, the search of the house violated the Fourth Amendment. The panel noted that the magistrate and district court had found that the agents had reasonable suspicion of criminal activity when they approached the house.2 This suspicion alone did not, in the panel’s opinion, justify detaining and questioning the occupants under Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968), as the district court had opined, because Terry does not apply to dwellings. The key issue then, according to the panel, was whether the agent’s conduct at the door of the house, which afforded him the opportunity to smell the marijuana, precipitated an impermissible search to which Ackerson did not consent.

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Cite This Page — Counsel Stack

Bluebook (online)
923 F.2d 1506, 1991 U.S. App. LEXIS 2683, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-ronald-tobin-clifford-roger-ackerson-united-states-of-ca11-1991.