McKinnon v. Carr
| Decision Date | 24 December 1996 |
| Docket Number | No. 95-5192,95-5192 |
| Citation | 103 F.3d 934 |
| Parties | 97 CJ C.A.R. 10 Patrick McKINNON, Plaintiff-Appellant, v. Michael W. CARR, Warden, Defendant-Appellee. |
| Court | U.S. Court of Appeals — Tenth Circuit |
Mac Oyler, Oklahoma City, OK, for Plaintiff-Appellant.
Alecia A. George, Assistant Attorney General, State of Oklahoma, (W.A. Drew Edmondson, Attorney General of Oklahoma and Steven Lohr, Assistant Attorney General, State of Oklahoma, Oklahoma City, OK, with her on the brief), for Defendant-Appellee.
Before ANDERSON, GODBOLD, * and MURPHY, Circuit Judges.
Petitioner McKinnon was convicted in Oklahoma for rape and oral sodomy. The Oklahoma Court of Criminal Appeals affirmed on the merits, McKinnon v. State, 752 P.2d 833 (Okla.Crim.App.1988), and in an unpublished opinion affirmed the denial of post-conviction relief.
At trial the victim testified that she accompanied McKinnon to his apartment at night. She stated that she was stripped of her clothing, handcuffed, and tied to the bed with bandannas, clothespins were fastened to her breasts, and she was subjected to sexual intercourse and repeated acts of oral sodomy. She was taken home about 5:30 a.m. and promptly complained to police. Police immediately took her to petitioner's home to make a warrantless arrest.
The federal district court denied a writ of habeas corpus and a contemporaneous motion seeking alleged exculpatory evidence. The court treated the motion for exculpatory evidence as part of the habeas corpus claim and denied it on procedural default grounds because petitioner had not raised it in the trial court or in his merits appeal. Also, the court found that McKinnon had demonstrated no cause and prejudice and had not shown that a fundamental miscarriage of justice would result if his claim were not considered. Petitioner admitted both sexual intercourse and oral sodomy. A major issue was whether the victim consented. The alleged exculpatory evidence sought, while it might have cast doubt on some of the victim's descriptions of details of the sexual events, was unrelated to the major issue of consent.
Petitioner's major claims spring from his arrest and the entry into and search of his home around 6:00 a.m. With the victim, officers came to the petitioner's home, where the alleged events had occurred, to make a warrantless arrest. The officers knocked, identified themselves, and plaintiff opened the door. The officers neither committed nor threatened violence. Petitioner was asked his name, and he identified himself. The district court found that one of the officers told petitioner he was under arrest for rape. There were no exigent circumstances. McKinnon asked if he could get dressed, and at least two of the officers followed him to his bedroom where they saw items in plain view. One of the officers called for an "ID officer," who arrived about ten minutes later to "process" the crime scene. He seized evidence in plain view, took pictures of the exterior and interior of the house and of items in plain view, and drew a diagram of McKinnon's bedroom.
During the afternoon of the same day another officer prepared an affidavit for a search warrant, relying on information obtained as a result of conversations with one of McKinnon's roommates and with the officers involved in the arrest and the initial entry. McKinnon asserts that the arrest, the entry into his home, the seizure of items, and the search by the ID officer were unconstitutional and that they tainted the subsequently issued search warrant.
The court held that McKinnon's Fourth Amendment claims were foreclosed by Stone v. Powell, 428 U.S. 465, 96 S.Ct. 3037, 49 L.Ed.2d 1067 (1976), but the court considered them pursuant to a Sixth Amendment ineffective counsel claim. The district court did not err in holding that the arrest at the doorway was not invalid. As in U.S. v. Santana, 427 U.S. 38, 96 S.Ct. 2406, 49 L.Ed.2d 300 (1976), the suspect was visible, standing in the threshold of his doorway, open to public view. He was in a place sufficiently public that he had no legitimate expectation of privacy. The officers had knocked, identified themselves, neither displayed...
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Wilson v. Jara
...Arguing that there is a clearly established violation of Fourth Amendment rights in this case, Wilson distinguishes McKinnon v. Carr, 103 F.3d 934 (10th Cir.1996), to which the Defendants cite, because in that case, the defendant acquiesced to the police officers entering his home. See Tr. ......
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McClish v. Nugent
...doorway arrest situation have followed the Santana rule. See United States v. Gori, 230 F.3d 44, 52 (2d Cir.2000);8 McKinnon v. Carr, 103 F.3d 934, 935 (10th Cir.1996); United States v. Vaneaton, 49 F.3d 1423, 1427 (9th Cir. 1995); United States v. Sewell, 942 F.2d 1209, 1212 (7th Cir.1991)......
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United States v. Roberts
...step forward would have put her outside, one step backward would have put her in the vestibule of her residence"); McKinnon v. Carr , 103 F.3d 934, 935-36 (10th Cir. 1996) (holding that the police did not violate the Fourth Amendment when they knocked on the door of the defendant's home and......
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Cox v. State
...this view of Santana, though acknowledge that the constitutionality of the arrest also depends on other factors. See McKinnon v. Carr, 103 F.3d 934, 935 (10th Cir.1996) (in answering police knock at door, "[a]s in [Santana ] the suspect was visible, standing in the threshold of his doorway,......