United States v. Ronald Frank Timmann
741 F.3d 1170
11th Cir.2013Background
- Carr reported a bullet-hole in her wall at apartment 204 and suspected a discharged rifle; Timmann lived alone in 205.
- Police entered Carr’s apartment with a key provided by the building captain after speaking with her and confirming Timmann’s residence.
- Officers found a bullet and guns in Timmann’s locked bedroom after entering 205 and kicking down the door.
- Phone calls to Timmann revealed admissions of owning firearms; initial entry was not disclosed to him during those calls.
- A search warrant was obtained later; firearms and ammunition were seized and an indictment followed for possession by a felon.
- Timmann moved to suppress the evidence and his telephone statements; district court denied the motions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the initial warrantless entry was justified | Timmann | Timmann | Emergency aid exception fails |
| Whether the bedroom’s warrantless entry was lawful | Timmann | Timmann | Protective sweep/exigent circumstances not justified |
| whether phone statements after unlawful entry are admissible | Timmann | Timmann | 3:33 PM statement admissible; 4:13 PM and 6:49 PM statements suppressed |
Key Cases Cited
- Holloway, 290 F.3d 1331 (11th Cir. 2002) (emergency aid requires an objectively reasonable belief of danger)
- Brigham City v. Stuart, 547 U.S. 398 (U.S. 2006) (emergency aid framework and probable cause guidance for imminent danger)
- Michigan v. Fisher, 130 S. Ct. 546 (U.S. 2009) (emergency aid requires reasonable belief of immediacy of danger)
- Buie, 494 U.S. 325 (U.S. 1990) (protective sweep doctrine and need for caution in searches)
- Caraballo, 595 F.3d 1214 (11th Cir. 2010) (lawfulness of entering premises for protective sweep considerations)
- Ceccolini, 435 U.S. 268 (U.S. 1978) (attenuation and independent source concepts in tainted evidence analysis)
- Wong Sun v. United States, 371 U.S. 471 (U.S. 1963) (fruit of the poisonous tree and attenuation doctrine)
- Brookins, 614 F.2d 1037 (5th Cir. 1980) (inevitable discovery concept in some attenuation analyses)