U.S. v. Mercer, 06-13258.

Citation541 F.3d 1070
Decision Date28 August 2008
Docket NumberNo. 06-13258.,06-13258.
PartiesUNITED STATES of America, Plaintiff-Appellee, v. Billy R. MERCER, Jr., Defendant-Appellant.
CourtUnited States Courts of Appeals. United States Court of Appeals (11th Circuit)

Appeal from the United States District Court for the Middle District of Alabama.

Before EDMONDSON, Chief Judge, and WILSON and MARTINEZ,* Circuit Judges.

PER CURIAM:

This case arises from the warrantless search of a hotel room. Based on evidence seized during the search, Billy R. Mercer, Jr. (Defendant) was charged with one count of possession with intent to distribute methamphetamine and one count of possession of a firearm in furtherance of a drug-trafficking crime. Defendant moved the district court to suppress certain items seized from the hotel room and certain statements he made to law enforcement officers after his arrest. The district court denied Defendant's motion, and a jury convicted Defendant on both counts. On appeal, Defendant argues that the district court erred in denying his motion to suppress and that the evidence presented was insufficient to support his convictions. Seeing no reversible error, we affirm.

I. Background

The Alabama Bureau of Investigation (ABI) believed that Defendant was involved in the drug trade. ABI Agent Harmon asked several motels in the Prattville, Alabama area to contact him if Defendant checked into their establishment.

On 10 October 2004, a night clerk at the Hampton Inn in Prattville called the ABI to report that Defendant had rented a room for the night. The clerk was unable to reach the ABI and was transferred to the police department in Millbrook, Alabama. The Millbrook police department was unaware of the ABI's interest in Defendant, but Millbrook officers discovered an outstanding failure-to-appear warrant for Defendant. The Millbrook police department contacted the Prattville police department and requested that Prattville officers arrest Defendant on the Millbrook warrant.

Around 11:00 p.m., Prattville officers arrived at the motel and knocked on Defendant's door. Defendant answered the door after three or four minutes. The officers asked Defendant to step outside and asked if anyone else was in the room. Defendant replied that his sister-in-law, Anita Mercer, was inside. Because she was not a registered guest, the motel staff said that she could not stay; so, she packed a duffel bag and left. The officers did not search her bag.

When the Millbrook officers arrived, they arrested Defendant on the failure-to-appear warrant and transported him to jail. As the officers escorted Defendant off the property, Defendant instructed his sister-in-law to "[g]o ahead and sell everything in my truck." Defendant told the officers he would have no problem getting the money to pay his fine.

After Defendant's arrest, Prattville Officer Headley told the motel staff that "more than likely [Defendant] wasn't going to be back to the hotel" because he was not going to be able to pay his fine and to get out of jail that night.1 The arrest occurred around midnight on a Sunday night, and Officer Headley believed Defendant would not be able to pay his fine until after 8:00 a.m. the next morning, "if not later."2

Before the Prattville officers left the motel, the motel manager asked Officer Headley to walk through Defendant's room with her to make sure there were no personal belongings lying out. During the walk-through, the manager found a necklace and removed it from the room. Officer Headley also observed a plastic baggy lying on the dresser and a powdery substance on the floor. Officer Headley determined that this evidence was not sufficient to pursue further.

Later that night, the motel security guard and the lobby hostess returned to Defendant's room "to make sure it was clear of any type of-anything that would cause any problems." While in the room, the guard pulled a tissue out of the dispenser and two bags of a "crystal substance" fell out. The motel staff members took the plastic bags to the lobby and called the police.

Around 4:00 a.m., the Prattville officers returned to the motel and determined that the substance in the plastic bags was likely crystal methamphetamine (meth).3 The motel manager asked the officers to search the room thoroughly because she feared there might be more meth, guns, or dangerous chemicals in the room. Officer Headley confirmed that the manager was giving the officers permission to search the room; the manager replied, "Yes, I want you to check and make sure there is nothing else in that room." The officers proceeded to search the room and discovered in a pouch under the bed mattress a loaded .380 semi-automatic handgun, jeweler's baggies, and a piece of paper they determined was likely a drug ledger.4

On 12 October 2004, ABI Agent Herman interviewed Defendant in jail. Agent Herman advised Defendant of his rights, and Defendant acknowledged that he understood them. In response to questioning, Defendant made several incriminating statements concerning the gun and drugs found in his motel room. Agent Herman did not make threats or promises to obtain the statements, but acknowledged Defendant might have been providing information in an attempt to persuade the agent to help him get out of jail.

Defendant was charged with one count of possession with intent to distribute meth, 21 U.S.C. § 841(a)(1), and one count of possession of a firearm in furtherance of a drug-trafficking crime, 18 U.S.C. § 924(c)(1). Defendant pleaded not guilty and moved to suppress, among other things, the pistol, plastic bags, drug ledger, and his post-arrest statements to Agent Herman. The magistrate judge recommended that Defendant's motion to suppress be denied, determining that the search uncovering the pistol, plastic bags, and drug ledger was constitutional "on at least two grounds:" (1) the officer had an objectively reasonable good-faith belief that he obtained valid consent to search the room; and (2) exigent circumstances. For Defendant's post-arrest statements to Agent Herman, the magistrate judge concluded that Defendant made a voluntary, knowing, and intelligent waiver of his rights. The district court adopted the magistrate judge's recommendations.

A jury convicted Defendant on all counts. On appeal, Defendant argues that the district court erred in denying his motion to suppress and that the government presented insufficient evidence to support his convictions.

II. Standard of Review

In reviewing a district court's denial of a motion to suppress, we review the findings of fact for clear error and the application of law to those facts de novo. United States v. Ramirez, 476 F.3d 1231, 1235 (11th Cir.2007). When considering a ruling on a motion to suppress, we construe all facts in the light most favorable to the party prevailing in the district court-here, the government. Id. at 1235-36 (citing United States v. Hromada, 49 F.3d 685, 688 (11th Cir.1995)).

We review challenges to the sufficiency of the evidence de novo. United States v. Garcia, 405 F.3d 1260, 1269 (11th Cir.2005). We must determine whether a reasonable jury could have found the defendant guilty beyond a reasonable doubt. United States v. Ward, 197 F.3d 1076, 1079 (11th Cir.1999). In doing so, we view the evidence in the light most favorable to the government and all reasonable inferences and credibility choices are made in the government's favor. United States v. Silvestri, 409 F.3d 1311, 1327 (11th Cir.2005).

III. Discussion
A. Motion to Suppress
1. Warrantless Search

The Fourth Amendment protects a person's reasonable expectation of privacy in his motel room. Stoner v. California, 376 U.S. 483, 84 S.Ct. 889, 893, 11 L.Ed.2d 856 (1964). And the general rule is that a hotel employee does not have authority to consent to a warrantless search of a room rented to a guest. Id. Nonetheless, a warrantless entry is valid when it is based upon the consent of a third party whom the police, at the time of entry, reasonably believed possessed authority over the premises. Illinois v. Rodriguez, 497 U.S. 177, 110 S.Ct. 2793, 2800, 111 L.Ed.2d 148 (1990). The "determination of consent to enter must be judged against an objective standard: would the facts available to the officer at the moment ... warrant a man of reasonable caution in the belief that the consenting party had authority over the premises?" Id. at 2801 (internal quotation marks omitted) (alteration in original).

Defendant argues no reasonable officer could have believed that control of the room reverted from Defendant, a registered guest, back to motel management at 4:00 a.m.: a time well before the motel's typical checkout time of 12:00 p.m. We disagree.

When the motel manager consented to the search, the Prattville officer knew these things: (1) the Millbrook police department had arrested Defendant and transported him to jail; (2) Defendant had rented the room for only one night; (3) Defendant would not be able to pay his fine or post bond until sometime the next day at the earliest;5 (4) the motel staff had asked Anita Mercer-Defendant's visitor-to vacate the room; (5) the motel manager had conducted a sweep of the room to check for, and to remove, personal belongings;6 and (6) the motel staff had entered the room a second time to make sure it was clear of anything that might cause a problem for motel guests or staff.7 Under those circumstances, it was reasonable for the officer to believe that the motel had terminated Defendant's rental agreement and that control of the room had, in fact, reverted back to motel management, who therefore had authority to consent to the search. For background, see Ala.Code § 34-15-17 (1975) (hotel "shall have the right to remove, cause to be removed or eject . . . any guest of said hotel . . . who, while in said hotel or on the hotel premises, . . . shall indulge in any language or conduct or otherwise conducts...

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