3:19-cr-00003
S.D. Ga.Jun 21, 2019Background
- On April 9, 2018 officers went to arrest Tremayne Linder on a warrant related to probation noncompliance; Linder was not home but lived with Lakesia Harden.
- Linder had earlier admitted a probation violation for marijuana, signed into a DRC program, and the DRC special conditions (signed by him and entered by the sentencing judge) included an unconditional Fourth Amendment waiver consenting to warrantless searches of his person, residence, vehicle, and effects.
- Officers entered the home at Harden’s invitation, smelled a strong odor of green marijuana inside and outside the residence, confirmed Linder’s probation search condition, and announced they would search the home; Harden did not object.
- Sergeant Roland searched the shared bedroom closet and found marijuana, methamphetamine packaged for distribution, and a firearm; these items led to federal drug and firearms charges.
- Defendants moved to suppress the seized evidence (and Harden sought suppression of post-arrest statements); the magistrate judge recommended denying the motions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Validity of warrantless home search | Government: search lawful because probationer Linder’s DRC condition diminished privacy, allowing reasonable-suspicion searches; strong marijuana odor supplied suspicion | Linder: search invalid because his Fourth Amendment waiver was not part of original sentence and was improperly imposed; Harden: search invalid as to her | Denied — Linder’s probation status and signed DRC condition diminished expectation of privacy so officers needed only reasonable suspicion; the marijuana odor supplied that suspicion |
| Sufficiency of odor as basis for reasonable suspicion/probable cause | Government: strong odor of green marijuana provided reasonable suspicion (and arguably probable cause) to search | Defendants: odor cannot implicate Linder because he was not present; odor alone insufficient | Held — odor of green marijuana supported reasonable suspicion (and court notes precedent finding odor can amount to probable cause) |
| Applicability of co-tenant protections / Randolph | Government: Linder’s consent via probation condition binds shared residence; Harden did not object when search announced, so co-tenant objection rule does not bar search | Harden: her silence was coerced by police display of authority; she did not freely consent | Held — search valid as to Harden because she failed to object; court found officers’ conduct not coercive enough to negate ability to object |
| Challenge to voluntariness/validity of probation search condition (Fox) | Government: the DRC condition was entered after a probation violation, was accepted to avoid revocation, and was signed and entered by the sentencing judge, so it is valid | Linder: Fox v. State suggests post-sentencing imposition of waiver without counsel or court acceptance is invalid | Held — Fox inapplicable: here Linder admitted violation, waived a revocation hearing, signed DRC conditions, and the judge signed the order, so the waiver is valid |
Key Cases Cited
- Knights v. United States, 534 U.S. 112 (2001) (probationers’ diminished privacy can justify reasonable-suspicion searches)
- Samson v. California, 547 U.S. 843 (2006) (searches of parolees/probationers analyzed under totality and government interest)
- Matlock v. United States, 415 U.S. 164 (1974) (one occupant’s consent binds co-occupants when common authority exists)
- Georgia v. Randolph, 547 U.S. 103 (2006) (express refusal by present cotenant defeats consent by another)
- Bumper v. North Carolina, 391 U.S. 543 (1968) (consent involuntary where officers falsely claim a warrant)
- United States v. Tobin, 923 F.2d 1506 (11th Cir. 1991) (smell of marijuana can establish probable cause)
- United States v. Yuknavich, 419 F.3d 1302 (11th Cir. 2005) (totality-of-circumstances approach to probation searches; search condition is a salient factor)
- United States v. Carter, 566 F.3d 970 (11th Cir. 2009) (probation conditions can support warrantless home entries/searches)
- United States v. White, 593 F.3d 1199 (11th Cir. 2010) (the smell of marijuana may supply reasonable suspicion)
- Owens v. Kelley, 681 F.2d 1362 (11th Cir. 1982) (probationers may have diminished Fourth Amendment interests)