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United States v. Terry Robbins
2012 U.S. App. LEXIS 13310
| 8th Cir. | 2012
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Background

  • 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)
Read the full case

Case Details

Case Name: United States v. Terry Robbins
Court Name: Court of Appeals for the Eighth Circuit
Date Published: Jun 29, 2012
Citation: 2012 U.S. App. LEXIS 13310
Docket Number: 11-3182
Court Abbreviation: 8th Cir.