United States v. Eric Wormsley
708 F. App'x 72
3rd Cir.2017Background
- Wormsley, a convicted felon on county probation, was required to report monthly to Probation Officer Daniel Sommers but frequently failed to do so and evaded contacts.
- On Feb. 6, 2015, Sommers and Officer Donnelly visited Wormsley’s home; they initially knocked, left, then returned after seeing someone leave the house and the front door ajar.
- Officers heard rapid footsteps upstairs and a woman say “we’ll be down in a minute.” When Wormsley opened the door he was breathing heavily and initially denied others were present despite contradictory sounds and statements by family members.
- Donnelly briefly went upstairs for officer safety and observed a scale and empty stamp bags in a bedroom; Sommers, knowing Wormsley’s drug history, sought and received supervisory permission to search.
- Wormsley then directed officers to a firearm and heroin in a child’s bedroom after overhearing the call for permission. He was indicted on drug and firearm charges, moved to suppress evidence from the search, pled guilty to two counts while reserving the suppression appeal.
Issues
| Issue | Wormsley’s Argument | Government’s Argument | Held |
|---|---|---|---|
| Whether probation officers had reasonable suspicion to search Wormsley’s residence | Search was unsupported by reasonable suspicion; entry/search illegal | Officers had particularized, objective basis (evasive conduct, sounds, admissions, contraband indicators) to suspect wrongdoing | Court held officers had reasonable suspicion and denied suppression |
Key Cases Cited
- United States v. Jackson, 849 F.3d 540 (3d Cir. 2017) (standard of review for suppression denials)
- United States v. Baker, 221 F.3d 438 (3d Cir. 2000) (probationer searches require only reasonable suspicion)
- Griffin v. Wisconsin, 483 U.S. 868 (1987) (probation system special needs justify departures from usual warrant/probable-cause rules)
- Ornelas v. United States, 517 U.S. 690 (1996) (reasonable-suspicion inquiry is commonsense and fact-based)
- United States v. Williams, 417 F.3d 373 (3d Cir. 2005) (totality-of-circumstances test for reasonable suspicion)
- United States v. Arvizu, 534 U.S. 266 (2002) (particularized and objective basis standard)
- United States v. Mabry, 728 F.3d 1163 (10th Cir. 2013) (evasive behavior can support reasonable suspicion)