United States v. Richard M. Franklin
694 F.3d 1
| 11th Cir. | 2012Background
- Franklin, a felon on conditional release, was under supervision terms allowing warrantless searches of his property.
- A parole officer obtained a warrant for Franklin’s arrest after violations, and later learned Franklin resided at his fiancée’s Fort Myers home.
- On August 24, 2006, officers observed firearms in plain view inside the residence through a window and attempted to contact Franklin for a prolonged barricaded-entry situation.
- Franklin exited the house with hands raised after a police approach; officers then entered the residence and seized five weapons.
- The magistrate judge concluded the conditional-release term had ended before the August entry, and thus the entry required suppression unless exigent circumstances applied.
- The district court affirmed the denial of suppression, finding probable cause to believe illegal firearms were in the residence and that exigent circumstances justified entry.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether warrantless entry was valid under Fourth Amendment. | Franklin | United States | Entry valid under probable cause and exigent circumstances |
| Whether the entry was justified by exigent circumstances given others present and potential destruction of evidence. | Franklin | United States | Exigent circumstances supported entry and seizure |
| Whether the conditional-release expiration tolled by the arrest warrant. | Franklin | United States | Tolled expiration did not bar entry; probable cause and exigency prevailed |
Key Cases Cited
- United States v. Tobin, 923 F.2d 1506 (11th Cir. 1991) (probable cause and exigent circumstances in home entries)
- United States v. Rodgers, 924 F.2d 219 (11th Cir. 1991) (exigent circumstances when others inside; handgun removal possibility)
- Payton v. New York, 445 U.S. 573 (U.S. 1980) (home searches without warrants presumptively unreasonable)
- United States v. Bradley, 644 F.3d 1213 (11th Cir. 2011) (exigent circumstances require objective reasonableness; factual findings reviewed de novo)
- United States v. Raddatz, 447 U.S. 667 (U.S. 1980) (district court may adopt magistrate findings without rehearing credibility)