720 Fed.Appx. 529 (11th Cir. 2017), 16-17673, United States v. Danner

Docket Nº:16-17673
Citation:720 Fed.Appx. 529
Opinion Judge:PER CURIAM:
Party Name:UNITED STATES OF AMERICA, Plaintiff-Appellee, v. ROBERT GLENN DANNER, JR., Defendant-Appellant.
Attorney:For UNITED STATES OF AMERICA, Plaintiff - Appellee: Jolee Porter, John Andrew Horn, Lawrence R. Sommerfeld, U.S. Attorney's Office, ATLANTA, GA. For ROBERT GLENN DANNER, JR., Defendant - Appellant: Jeffrey Lyn Ertel, W. Matthew Dodge, Stephanie A. Kearns, Federal Defender Program, Inc., ATLANTA, GA.
Judge Panel:Before ED CARNES, Chief Judge, NEWSOM, and FAY, Circuit Judges.
Case Date:December 14, 2017
Court:United States Courts of Appeals, Court of Appeals for the Eleventh Circuit
 
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Page 529

720 Fed.Appx. 529 (11th Cir. 2017)

UNITED STATES OF AMERICA, Plaintiff-Appellee,

v.

ROBERT GLENN DANNER, JR., Defendant-Appellant.

No. 16-17673

United States Court of Appeals, Eleventh Circuit

December 14, 2017

Editorial Note:

DO NOT PUBLISH. (See Federal Rule of Appellate Procedure Rule 32.1. See also U.S.Ct. of App. 11th Cir. Rule 36-2.)

Appeal from the United States District Court for the Northern District of Georgia. D.C. Docket No. 4:15-cr-00017-HLM-WEJ-1.

COUNSEL:

For UNITED STATES OF AMERICA, Plaintiff - Appellee: Jolee Porter, John Andrew Horn, Lawrence R. Sommerfeld, U.S. Attorney's Office, ATLANTA, GA.

For ROBERT GLENN DANNER, JR., Defendant - Appellant: Jeffrey Lyn Ertel, W. Matthew Dodge, Stephanie A. Kearns, Federal Defender Program, Inc., ATLANTA, GA.

Before ED CARNES, Chief Judge, NEWSOM, and FAY, Circuit Judges.

OPINION

PER CURIAM:

Robert Danner appeals the district court's denial of his motions to suppress

Page 530

evidence found after a warrantless search of his home and an incriminating statement he made during questioning by police.

I.

Danner has been on probation since 2003. He's developed a lengthy rap sheet in the intervening years, but only two of his earlier state court convictions are relevant here: one in 2006, the other in 2013. Both are for possession of methamphetamine. For his first conviction in 2006 Danner was sentenced to fifteen years confinement, the final eleven years of which were to be served on probation. As part of that conviction, Danner signed a waiver " freely and voluntarily accept[ing]" the " General Conditions of Probation," one of which was that he agree to a search of his person or house at " any time of the day or night with or without a search warrant whenever requested to do so by a probation supervisor or any law enforcement officer." Danner signed a similar search waiver after his second conviction for possession of methamphetamine in 2013. He was still subject to both of those search waivers in March 2015, when probation officers accompanied by a drug task force searched Danner's home based on a tip that he was somehow making money but was not lawfully employed.

After the officers knocked on his front door, Danner answered and came out onto his porch to speak with them. Jill Fisher, one of Danner's supervising probation officers, asked Danner if he understood that under the conditions of his probation he was " subject to search," and Danner said he did. Fisher then told him that the officers were there to conduct...

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