599 F. App'x 904
11th Cir.2015Background
- John Edward Baker pleaded guilty (conditionally) to being a felon in possession of a firearm and appealed denial of his motion to suppress the firearm found in his home.
- Officers entered Baker’s residence without a warrant; they were attempting to serve an arrest warrant for Tiffany Gordon, who informant and an officer placed inside the residence.
- Baker gave evasive or false answers when officers questioned whether anyone else (specifically Gordon) was present, and did not disclose Gordon’s presence after being told of the outstanding warrant.
- After Baker was detained, officers learned he was on state probation and subject to a search condition; an informant (Gordon) also told an officer that Baker had a silver firearm.
- Officers conducted a second search of the home and discovered the firearm; the district court denied Baker’s suppression motion, and the Eleventh Circuit affirmed.
Issues
| Issue | Plaintiff's Argument (Baker) | Defendant's Argument (Government) | Held |
|---|---|---|---|
| Validity of warrantless entry to residence to serve Gordon's arrest warrant | Entry unlawful because officers lacked reasonable belief Gordon lived or was present | Officers had informant tip and officer’s sighting supporting belief Gordon resided at and was present in the home | Entry justified — officers reasonably believed Gordon resided at and was present |
| Legality of Baker’s temporary detention | Detention exceeded scope or lacked reasonable suspicion of harboring a fugitive | Baker’s evasive answers and officer’s observation of multiple occupants produced reasonable suspicion he was harboring Gordon | Detention constitutional — reasonable suspicion supported stop |
| Permissibility of questioning unrelated to stop (e.g., probation status) | Such questioning impermissible if it extended detention or was unrelated | Questions that didn’t measurably extend duration were permissible | Questions allowed because they didn’t lengthen detention |
| Validity of second search for firearm under probation search doctrine | Search invalid because officers lacked basis to search under probation condition | Once officers knew Baker was on probation with search condition and had tip about firearm, reasonable suspicion justified probation search | Second search constitutional as a probation search based on reasonable suspicion |
Key Cases Cited
- United States v. Jordan, 635 F.3d 1181 (11th Cir.) (standard of review for suppression denials)
- United States v. Lewis, 674 F.3d 1298 (11th Cir.) (deference to factfinder credibility findings)
- Ornelas v. United States, 517 U.S. 690 (U.S.) (reasonable-suspicion review de novo)
- United States v. Magluta, 44 F.3d 1530 (11th Cir.) (requirements to enter residence to serve arrest warrant)
- United States v. Bennett, 555 F.3d 962 (11th Cir.) (dwelling may be suspect’s residence even if temporary)
- United States v. Bervaldi, 226 F.3d 1256 (11th Cir.) (commonsense, totality-of-circumstances approach)
- United States v. Griffin, 696 F.3d 1354 (11th Cir.) (scope and permissible questioning during investigatory stops)
- Alabama v. White, 496 U.S. 325 (U.S.) (reasonable suspicion requires less than probable cause)
- United States v. Briggman, 931 F.2d 705 (11th Cir.) (give weight to officer experience in reasonable-suspicion analysis)
- United States v. Nunez, 455 F.3d 1223 (11th Cir.) (objective-reasonable-officer perspective for reasonable suspicion)
- United States v. Carter, 566 F.3d 970 (11th Cir.) (probationer’s residence may be searched on reasonable suspicion)
- United States v. Caraballo, 595 F.3d 1214 (11th Cir.) (appellate court may affirm on any ground supported by the record)
