U.S. v. Keith

• Decision Date: 22 June 2004
• Docket Number: No. 03-30723.,03-30723.
• Parties: UNITED STATES of America, Plaintiff-Appellee. v. Chad Edward KEITH, Defendant-Appellant.
• Court: U.S. Court of Appeals — Fifth Circuit

Page 346

375 F.3d 346

UNITED STATES of America, Plaintiff-Appellee. v. Chad Edward KEITH, Defendant-Appellant.

No. 03-30723.

United States Court of Appeals, Fifth Circuit.

June 22, 2004.

Josette Louise Cassiere, Asst. U.S. Atty., Shreveport, LA, for Plaintiff-Appellee.

Rebecca L. Hudsmith, Fed. Pub. Def., Lafayette, LA, for Defendant-Appellant.

Appeal from the United States District Court for the Western District of Louisiana.

Before JOLLY, DAVIS and JONES, Circuit Judges.

W. EUGENE DAVIS, Circuit Judge:

Keith challenges the district court's denial of his motion to suppress. Keith's appeal presents the question of whether a warrantless, non-consensual search of the defendant's home while he was under supervised probation pursuant to a Louisiana state court sentence, was constitutional when the search was supported by reasonable suspicion. Keith argues that the Supreme Court cases of Griffin v. Wisconsin, 483 U.S. 868, 107 S.Ct. 3164, 97 L.Ed.2d 709 (1987) and United States v. Knights, 534 U.S. 112, 122 S.Ct. 587, 151 L.Ed.2d 497 (2001) are distinguishable because unlike Louisiana, in both states where the searches were conducted in those cases, the probationer either agreed to a search as a written condition of probation or a state regulation authorized a warrantless search by a probation officer upon reasonable suspicion. Because Louisiana courts authorize searches of a probationer's home based on reasonable suspicion, we conclude that Griffin and Knights control in this case and the district court correctly denied Keith's motion to suppress.

I.

In November 1999 Keith constructed and planted five homemade explosive devices throughout his high school in Coushatta, Louisiana. At least one of the devices exploded and destroyed a portion of a school bathroom. He later pled guilty to one count of possession of a destructive device, was sentenced to a suspended sentence of two years, and was placed on five year supervised probation which began in July 2000. One of his conditions of probation prohibited him from possessing a firearm, destructive device, or any other dangerous weapon.

In May 2002 the Red River Parish Sheriff's Office called Keith's probation officer, Alvie Myers, and advised Myers that they had received information from a local building supply retailer (who was aware of Keith's involvement in planting bombs in his school) that Keith had recently purchased two five-inch long and one-and-aquarter-inch diameter steel pipe nipples and four one-and-a-quarter-inch end caps, materials commonly used to construct pipe bombs. Due to Keith's history of making and detonating pipe bombs, Agent Myers called his supervisor and advised him that he planned to search Keith's home. Because Agent Myers suspected that explosives would be discovered and because he lacked training necessary to deal with explosives, Agent Myers called the Bureau of Alcohol, Tobacco and Firearms(ATF) and asked for assistance in his search.

Agent Myers understood that under Louisiana law he had the authority to search a probationer's home if he had reasonable suspicion that the probationer had violated or was about to violate a condition of probation. Possession of destructive devices was a violation of Keith's probation. Agent Myers also believed that the information provided him by law enforcement authorities that Keith had purchased material commonly used to build and detonate pipe bombs constituted reasonable suspicion of Keith's violation of his probation.

Later that day Agent Myers proceeded to Keith's home to conduct the search. He was accompanied by another probation agent, two agents from the ATF, two members of the State Police Hazardous Materials Squad, and a bomb expert from the Bossier City Fire Department. The two probation officers went to the house first and asked Keith and two other individuals with him to come outside. Then the other agents and law enforcement officials entered the residence to search for bombs or bomb-making materials. Agent Myers never asked nor obtained permission from Keith for the search.

During the search, bomb-making materials were found. This included bomb-making magazines, wires and connections, stainless steel pipe and nipples, nails wrapped together in duct tape, and an infrared control box with several toggle switches on it. No assembled bombs, gun powder, or fuses were found at that time.

Keith initially explained his possession of the pipe and nipples as material he needed to repair his wells. Agent Myers concluded that this explanation made no sense and arrested Keith for violating his probation by lying to his probation officer.

A short time later Keith's father arrived at the house and Agent Myers gave him permission to speak to Keith. After their conversation Keith told Agent Myers that black powder and a fuse were in the house and showed him where they were. Keith then explained to the Fire Department bomb expert how he had made a bomb. Also one of Keith's companions at the scene told the officers that Keith had thrown three bombs into a pond located on private property nearby. The next day after receiving permission from the land owner, the officers drained the pond and found three bombs which they confiscated.

The grand jury returned a three count indictment charging Keith with possession of a destructive device in violation of 26 U.S.C. §§ 5822, 5861(c), and 5871; possession of an unregistered weapon in violation of 26 U.S.C. §§ 5822, 5861(d), and 5871; and making a destructive device in violation of 26 U.S.C. §§ 5822, 5861(f), and 5871. Keith filed a motion to suppress the evidence seized as a result of the search of his residence and statements he made during the search. A magistrate judge conducted a hearing on the motion and recommended that Keith's motion be denied. After addressing Keith's objections to the magistrate judge's report and recommendations, the district court agreed with the magistrate judge's recommendations and denied Keith's motion to suppress. Keith then entered a conditional plea of guilty to possession of a destructive device and reserved his right to appeal the district court's denial of his motion to suppress.

II.

A.

The sole question in this appeal is whether Agent Myers's warrantless search of Keith's home violated the Fourth Amendment. Keith argues first that the district court erred in accepting the government's argument that a warrantless search of a probationer's home was justified based on nothing more than a probation officer's reasonable suspicion that the probationer had engaged in conduct that had violated or was about to violate the terms of his probation. He argues further that even if the search were justified based on reasonable suspicion, the district court erred in finding that the facts provided to Agent Myers were sufficient to serve as a basis for such reasonable suspicion.

In reviewing the denial of a motion to suppress this court reviews finding of fact for clear error while the ultimate conclusion as to whether the Fourth Amendment has been violated is reviewed de novo. Ornelas v. United States, 517 U.S. 690, 699, 116 S.Ct. 1657, 134 L.Ed.2d 911 (1996).

B.

The briefs in this case properly focus on two Supreme Court cases which specifically deal with the question of whether probation officers may conduct warrantless non-consensual searches of probationers' homes on the basis of reasonable suspicion. In both cases the Court concluded that such searches were permissible under the Fourth Amendment. Griffin v. Wisconsin, 483 U.S. 868, 107 S.Ct. 3164, 97 L.Ed.2d 709 (1987); United States v. Knights, 534 U.S. 112, 122 S.Ct. 587, 151 L.Ed.2d 497 (2001). The government contends that these two cases control and require us to affirm the ruling of the district court. Keith on the other hand contends that both cases are distinguishable because in those cases — unlike this case — there was either a written condition of probation permitting such a search based on reasonable suspicion or a state regulation authorizing a warrantless search based on reasonable suspicion.

In Griffin, the Supreme Court upheld the warrantless non-consensual search of a probationer's home based upon a tip from a police officer that there were or might be guns in the probationer's apartment. The probation officer proceeded with the search pursuant to a state regulation which authorized "any probation officer to search a probationer's home without a warrant as long as his supervisor approves and as long as there are `reasonable grounds' to believe the presence of contraband — including any item that the probationer cannot possess under the probation conditions." Griffin, 483 U.S. at 870-71, 107 S.Ct. 3164.¹

The Court concluded that the search did not violate the Fourth Amendment based on its finding that "a State's operation of a probation system ... presents `special needs' beyond normal law enforcement that may justify departures from the usual warrant and probable-cause requirements." Id. at 873-74, 107 S.Ct. 3164. The Court found that a warrant requirement would "interfere to an appreciable degree" with the ability of the probation system to adequately supervise probationers by "mak[ing] it more difficult for probation officials to respond quickly to evidence of misconduct" and "reduc[ing] the deterrent effect that the possibility of expeditious searches would otherwise create." Id. at 876, 107 S.Ct. 3164. This reality, coupled with the fact that probationers "do not enjoy the `absolute liberty to which every citizen is entitled, but only ... conditional liberty properly dependent on observance of special [probation] restrictions'" led the court to the conclusion that a warrantless, non-consensual search of a probationer's home on the basis of less than probable cause was "`reasonable' within the meaning of the Fourth Amendment[.]" Id. at 874, 880, 107 S.Ct. 3164 (citations omitted).

The Supreme Court broadened this holding in Knights. Knights...