United States v. Willie Lee Cooks

920 F.3d 735
CourtCourt of Appeals for the Eleventh Circuit
DecidedApril 3, 2019
Docket18-10080
StatusPublished
Cited by12 cases

This text of 920 F.3d 735 (United States v. Willie Lee Cooks) 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. Willie Lee Cooks, 920 F.3d 735 (11th Cir. 2019).

Opinions

NEWSOM, Circuit Judge:

In the ordinary case, an arrest warrant doesn't automatically authorize police to search the arrestee's residence-the home search requires its own warrant. This isn't the ordinary case.

The question here is whether police violated the Fourth Amendment when they conducted a warrantless search of the crawlspace in Willie Lee Cooks's home following a four-hour standoff that the responding officers deemed a hostage situation and that culminated in Cooks's arrest. Here's the short version: Rather than submitting to arrest, Cooks barricaded himself in his house, thereby preventing at least two occupants from leaving. Shortly *738after the police arrived, and as they were trying to coax Cooks out of the residence, they heard what sounded like a power drill being used inside. The officers were able to make contact with one of the occupants, who told them that Cooks was "doing something in a hole in the floor." When the standoff ended and the officers entered the house several hours later, they found the hole, which had been covered by a piece of plywood that was screwed down from the outside. They pried it up, found that it led to a crawlspace, and discovered there an arsenal of firearms.

As in all Fourth Amendment cases, we must determine the reasonableness of the officers' actions by reference to what they knew at the time. Just as important here is what the officers didn't know-specifically, how many additional individuals might be in the house. Although the government has presented several theories to justify the search in light of the officers' uncertainty, we need address only one here. We hold that the warrantless search of Cooks's crawlspace was lawful under the exigent-circumstances doctrine, as the officers had probable cause to believe that the hole might contain additional hostages.

I

A

The events underlying this case began when a team of officers from the U.S. Marshals Service's Gulf Coast Regional Fugitive Task Force and Counter Gang Unit sought to arrest Cooks at his home. Cooks, a member of the "Bloods" street gang, was wanted for second-degree assault by the Birmingham Police Department. The officers initially knocked on his door, but when no one answered, they entered the house by force. They left after a brief survey of the residence revealed that it was empty.

The team returned at around 10:30 a.m. the next day. While surveilling Cooks's home, the officers saw a car leave the residence twice, and when it returned the second time at about 12:30 p.m., they ordered the driver-Precious Clemens-to stop. Clemens apparently had no interest in talking to them, as she ran inside the house and locked the door. Although attempts to communicate with Clemens through the door were unsuccessful, two of the home's other occupants-Pamela Price and Everstein Johnson-were more cooperative. When Officer Crendal Deramus asked Price and Johnson to open the door, they told him that they couldn't because the door had been barricaded and locked from the inside using a deadbolt for which they didn't have a key.

It was around that time that officers started hearing what they would later describe as "sounds similar to a power drill" coming from inside the house. As best they could tell, the sounds came from "the immediate area of the front door." They couldn't see inside, though, because the residence had tinted windows throughout. Shortly thereafter, Price was able to exit the house briefly, and before going back inside she told the officers that Cooks was armed. Concluding that they were facing a potential hostage situation, the officers decided to call the Jefferson County SWAT team. When the SWAT team arrived, a hostage negotiator made contact with Price and another unknown occupant, both of whom reiterated that they wanted to leave but couldn't, and one of whom stated-without further explanation-that Cooks was "doing something in a hole in the floor" of the house.1 When the negotiations *739to open the barricaded front door failed, the SWAT team deployed tear gas.

At 4:30 p.m.-roughly an hour later, and four hours after the initial contact with Clemens-the standoff came to an end. The SWAT team broke a window and extracted Price and Johnson from the house, at which point Price reiterated that Cooks was "doing something in the floor." This time, though, she elaborated that Cooks had put multiple guns in a hole in the floor. The barricade sealing the front door was removed, and the SWAT team swarmed the house and took Cooks and Clemens into custody.

After arresting Cooks, the officers performed an initial 30-second sweep, followed by a three- to five-minute secondary sweep. In the process, they found a four-by-four-foot hole covered by plywood that, they later explained, had been "hastily" "nailed down with screws." According to Deramus, they hadn't seen the hole during the prior day's entry. The officers used a crow bar to remove the plywood covering and found that it led to the home's crawlspace. SWAT Deputy Douglas Lawson-described as "one of the smaller members of the SWAT team who was often called upon to go into small spaces"-entered the hole. As he put his hand down to brace himself, he felt a plastic tarp move and, under it, saw the butt of a gun in plain view. When Lawson shined his flashlight around the crawlspace, he saw more guns sticking out from underneath the plastic.

Thirty minutes to an hour after the initial sweep-and still without a search warrant-the officers called Special Agent Steve Owens with the Alabama Law Enforcement Agency to the scene to inventory the guns that they had discovered in the crawlspace. Owens found several pistols and long guns both underneath and protruding from the tarp, along with several pieces of unopened luggage that officers later determined contained additional firearms. At this point, the officers decided to seek, and thereafter obtained, a search warrant for Cooks's home. All told, the officers seized nine pistols and 22 long guns from the crawlspace.

B

The government later charged Cooks with two counts of unlawful possession of a firearm under 18 U.S.C. § 922(g)(1). Because the officers initially searched the crawlspace without a warrant, Cooks moved to suppress the guns, contending that even if the officers could lawfully sweep part of the house, "pulling up floor boards and crawling under the house ... was overbroad for a protective sweep." The government responded to Cooks's protective-sweep arguments, and further countered that the search was justified under the exigent-circumstances doctrine because the officers didn't know "if anyone else was inside the residence or inside the hole in the floor." In the officers' minds, the government explained, the crawlspace could have contained individuals "injured from the effects of the tear gas ... [or] by actions of the defendant himself."

The government's exigent-circumstances theory was thus largely predicated on the idea that the house could have contained other individuals besides the four known occupants-Cooks, Clemens, Johnson, and Price.2

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Cite This Page — Counsel Stack

Bluebook (online)
920 F.3d 735, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-willie-lee-cooks-ca11-2019.