United States v. Terry Robbins
2012 U.S. App. LEXIS 13310
| 8th Cir. | 2012Background
- 911 hang-up call leads officers to a property; caller identified as Carl A. Nelson, a business contact; 911 records did not reveal business association.
- Officers Hoeger and Holst approach the residence, first at the front door, then walk the breezeway after failing to find occupants.
- Gate to breezeway is described as wide open; officers deny opening it; district court credited their testimony on credibility.
- odor of marijuana detected at the front door after a renewed knock; a K-9 indicated at the door, prompting a search warrant.
- Following the state warrant, investigators uncover a marijuana growing operation with 297 plants; Robbins owned the property per county records.
- Robbins moved to suppress the evidence; district court denied; Robbins pled guilty conditionally reserving appeal on suppression; sentence 120 months.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether warrantless entry into curtilage was reasonable | Robbins; entry intrudes curtilage | State; legitimate objective; limited intrusion | Yes; reasonable under circumstances |
| Whether the perimeter and knock-and-talk were permissible before warrant | Robbins; no consent; curtilage protected | State; minimal intrusion; no knock at front door after failed contact | Yes; reasonable under Raines/Anderson framework |
Key Cases Cited
- United States v. Weston, 443 F.3d 661 (8th Cir. 2006) (curtilage includes home privacy; drive-by entry reasonable when limited)
- United States v. Dunn, 480 U.S. 294 (1987) (defines curtilage and privacy expectations)
- United States v. Raines, 243 F.3d 419 (8th Cir. 2001) (lawful entry when legitimate objective; limited intrusion)
- United States v. Anderson, 552 F.2d 1296 (8th Cir. 1977) (entry into area where occupant is likely present may be justified)
- United States v. Wells, 648 F.3d 671 (8th Cir. 2011) (knock-and-talk rule not extended to backyards without reason to believe occupant present)
