466 F. App'x 772
11th Cir.2012Background
- Officers respond to a noise complaint at Burch’s trailer; no answer at the front door.
- Officers go to the back, observe Burch with a gun through an open window while on a couch.
- Burch, a convicted felon, is arrested and two guns are seized from the trailer.
- Burch pleads guilty to possession of firearms by a felon, preserving appellate rights on suppression.
- Burch challenges suppression and argues the window view violated Fourth Amendment and there was no probable cause or exigent circumstances.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether viewing Burch through an open window violated the Fourth Amendment | Burch | Burch | Plain view/curtilage observation lawful; no suppression |
| Whether the arrest was supported by probable cause and exigent circumstances | Burch | Burch | Probable cause and exigency established; arrest valid |
Key Cases Cited
- Coffin v. Brandau, 642 F.3d 999 (11th Cir. 2011) (police may enter curtilage for legitimate business)
- O’Rourke v. Hayes, 378 F.3d 1201 (11th Cir. 2004) (plain view observations from places officers have right to be)
- Parker v. Allen, 565 F.3d 1258 (11th Cir. 2009) (warrantless arrest requires probable cause and exigent circumstances)
- Gordon v. United States, 231 F.3d 750 (11th Cir. 2000) (probable cause standard for arrest)
- Holloway v. United States, 290 F.3d 1331 (11th Cir. 2002) (exigent circumstances factors for warrantless entry)
- Standridge v. United States, 810 F.2d 1034 (11th Cir. 1987) (exigent circumstances factors framework)
- Reid v. United States, 69 F.3d 1109 (11th Cir. 1995) (reasonableness of exigent circumstances analysis)
- Lindsey v. United States, 482 F.3d 1285 (11th Cir. 2007) (felon in possession; probable cause upon discovery of firearm)
- Texas v. Brown, 460 U.S. 730 (1983) (plain-view observation can form probable cause)