United States v. Bey
52 F. Supp. 3d 299
D. Mass.2014Background
- Bey is charged with cocaine base distribution, felon in possession of a firearm, and oxycodone possession with intent to distribute.
- Police sought Bey based on warrants and information he might be staying with Summons at her Everett, MA apartment, with a 100-yard restraining order in place.
- Officers knocked at Summons’s door; she indicated Bey might not be there with gestures signaling his presence, which the police interpreted as an invitation to enter.
- The police entered the home at gunpoint, located Bey in Summons’s bedroom, and secured a backpack on Summons’s bed.
- Bey denied ownership of the backpack; officers questioned him without Miranda warnings.
- Backpack search revealed a loaded firearm, ammunition, and oxycodone pills; Summons later consented to a broader search of the apartment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether entry into Summons’s home was lawful | Bey | Bey | Entry lawful; warrant and/ or consent supported |
| Whether the backpack search was lawful without a warrant | Bey | Bey | Consent by Summons valid; abandonment not voluntary; suppression denied |
Key Cases Cited
- United States v. Graham, 553 F.3d 6 (1st Cir. 2009) (reasonable belief subject resides and presence supports entry with probable-cause warrant)
- United States v. Floyd, 740 F.3d 22 (1st Cir. 2014) (homeowner's voluntary consent can obviate warrant requirement)
- Robbins v. MacKenzie, 364 F.2d 45 (1st Cir. 1966) (consent inferred from stepping inside and allowing entry)
- Schneckloth v. Bustamonte, 412 U.S. 218 (U.S. 1973) (voluntariness of consent assessed by totality of circumstances)
- United States v. Vanvliet, 542 F.3d 259 (1st Cir. 2008) (totality-of-the-circumstances test for voluntariness)
- United States v. Parker, 549 F.3d 5 (1st Cir. 2008) (physical fruits admissible despite unwarned statements; Miranda not required for search results)
- Patane, 542 U.S. 630 (U.S. 2004) (physical evidence may be admissible despite unwarned statements)
- United States v. Jones, 523 F.3d 31 (1st Cir. 2008) (voluntariness and consent standards without knowledge of rights)
- Haynes v. Washington, 373 U.S. 503 (U.S. 1963) (confessions involuntary under coercive police pressure)
- Lynumn v. Illinois, 372 U.S. 528 (U.S. 1963) (police coercion can render statements involuntary; welfare consequences referenced)
- Tingle, 658 F.2d 1332 (9th Cir. 1981) (coercive effects of police pressure on cooperation must be weighed)
- Gwinn, 191 F.3d 874 (8th Cir. 1999) (abandonment of property must be voluntary to extinguish privacy interest)
- United States v. Coraine, 198 F.3d 306 (1st Cir. 1999) (voluntariness and consent considerations in entry into residence)