U.S. v. Donaldson, 645
| Citation | 793 F.2d 498 |
| Decision Date | 20 June 1986 |
| Docket Number | No. 645,D,645 |
| Parties | UNITED STATES of America, Appellee, v. Ronald DONALDSON, Defendant-Appellant. ocket 85-1363. |
| Court | United States Courts of Appeals. United States Court of Appeals (2nd Circuit) |
Richard A. Reeve, Asst. Federal Public Defender, D.Conn., New Haven, Conn. (Thomas G. Dennis, Federal Public Defender, D. of Conn., Nancy Stoner, Law Student Intern, of counsel), for defendant-appellant.
Jeremiah F. Donovan, Asst. U.S. Atty., D.Conn., New Haven, Conn. (Stanley A. Twardy, Jr., U.S. Atty., D.Conn., New Haven, Conn., of counsel), for appellee.
Before FEINBERG, Chief Judge, and VAN GRAAFEILAND and WINTER, Circuit Judges.
Ronald Donaldson appeals from his conviction of one count of harboring or concealing a fugitive in violation of 18 U.S.C. Sec. 1071 (1982), following a jury trial before Judge Eginton. The principal issue raised is whether Steagald v. United States, 451 U.S. 204, 101 S.Ct. 1642, 68 L.Ed.2d 38 (1981), requires us to hold that the warrantless search of Donaldson's apartment was illegal. Because we believe that the search was incident to Donaldson's valid arrest and that Donaldson's other arguments are without merit, we affirm.
Our description of the facts relies upon the parties' Joint Proposed Findings of Fact. On June 28, 1984, Special Agent Macrino of the United States Secret Service began an investigation into the passing of a counterfeit twenty-dollar note at a Bridgeport service station. The station's attendant was suspicious after receiving the note as payment for two dollars' worth of gasoline, and he copied the license plate number of the vehicle on the back of the bill.
The license plate was registered to Frank Spetrino ("Spetrino's father") of 227 Grove Street, Bridgeport, father of Frank Spetrino III ("Spetrino"). The building at 225-229 Grove Street is a three-story, three-family residence. Each apartment occupies a single floor and is assigned a separate street number. The Spetrino apartment, 227 Grove Street, was on the second floor; the third floor apartment, 229 Grove Street, was occupied by Donaldson.
Upon arriving at the Spetrino home on June 29, the Secret Service agents were greeted at the door by Spetrino's father, who told them that his son was not home. Spetrino's father stated that Spetrino had been using the vehicle on the day before--the day the note was passed. Thereafter, the agents who had been watching the rear of the building encountered Spetrino as he attempted to leave the premises through a back door.
Agent Macrino identified himself to Spetrino, explained his investigation, and asked Spetrino to accompany the agents to the Bridgeport Police Department, which Spetrino agreed to do. During the interview at the police department, Spetrino admitted that he had passed the counterfeit bill, claiming to have received it from Thomas Palmieri of Naugatuck. Spetrino told the agents that Palmieri had printed a large quantity of twenty-dollar notes, which Spetrino and others had used to buy narcotics, and that Palmieri was planning to print another large batch the next morning. After agreeing to meet Agent Macrino the following morning, Spetrino was allowed to go home.
Thomas Palmieri was well known to the Secret Service agents. A printer by trade, he previously had been convicted of manufacturing counterfeit currency. The agents maintained an all-night surveillance of Palmieri's residence on June 29.
On June 30, Spetrino went with Agent Macrino to the Bridgeport Police Department. There Spetrino made a telephone call to Palmieri, but the conversation was vague and inconclusive for investigative purposes. Spetrino then told Agent Macrino that he had to go to a nearby methadone clinic, and Agent Macrino agreed to wait until Spetrino had picked up his methadone and returned.
Shortly after Spetrino had left Agent Macrino to visit the clinic, Palmieri walked out of his house in Naugatuck, approached the Secret Service surveillance van, and peered directly into the van, ending any possibility of surreptitious surveillance. The parties differ as to whether Palmieri's discovery should have led the agents to believe that Spetrino had tipped off Palmieri.
After an hour passed and Spetrino had not reappeared, Agent Macrino began looking for him without success. On June 30, July 1, and July 2, Agent Macrino made numerous calls to the Spetrino residence. Each time he called, Spetrino's father told him that Spetrino was not at home and that he had not seen him.
On July 2, Agent Macrino filed a complaint describing his investigation of Spetrino and, at approximately 3:00 p.m., obtained a warrant for Spetrino's arrest. At approximately 4:00 p.m., Agent Macrino along with four other agents of the Secret Service initiated a surveillance at 225-229 Grove Street. Sometime after 4:00 p.m., Agent Gardner observed Spetrino's father drive to the front door of 225-229 Grove Street, let Spetrino out of the car, and then park the car while Spetrino entered the building. Spetrino's father, after parking the car, also entered the building. Agent Macrino then telephoned the Spetrino residence. The person who answered the phone, probably Spetrino's mother, responded that Spetrino was not at home and that she had not seen him. She also stated that Spetrino's father was not at home, but was expected back soon. Pauses in the conversation led Agent Macrino to believe that the speaker was receiving guidance from someone else who was with her. Agent Macrino waited for a short period and again called the Spetrino residence. During this second call, Agent Macrino spoke with Spetrino's father who said that Spetrino was not at home, and that he had not recently seen him.
Agent Macrino left three agents to guard the outside of the Spetrino residence and, along with Agent Rasor, walked toward the building. As the two approached, Agent Macrino noticed a man on the third-floor front porch scanning the neighborhood. The two agents entered the building, went to the Spetrinos' second floor apartment, and knocked on the door. Spetrino's father answered and again said that his son was not home and that he had not seen him recently. After receiving permission, Agent Macrino and Agent Rasor looked around the apartment but did not find Spetrino.
Agent Macrino left Agent Rasor with Spetrino's father and went to the third floor of the building. He knocked on the door and defendant Donaldson answered. Donaldson was the same man who had been scanning the neighborhood from the third-floor front porch.
Macrino identified himself as a Secret Service agent and showed his commission papers and badge. He told Donaldson that he had a warrant for Spetrino's arrest, and showed Donaldson a picture of Spetrino. Agent Macrino asked if Spetrino was in the apartment. Donaldson said that Spetrino was not. When Agent Macrino asked if he could enter the apartment and look around, Donaldson asked if the agent had a warrant. Agent Macrino said he did and showed him a copy of the arrest warrant for Spetrino. Donaldson said that unless Agent Macrino had a search warrant for the apartment, he would not permit him to enter.
Meanwhile Agent Rasor joined Agent Macrino and also tried to persuade Donaldson to permit them to search the apartment. They explained that if he was hiding Spetrino, he would be committing the crime of harboring a fugitive. Donaldson maintained that Spetrino was not inside and that the agents could not enter without a search warrant.
Agent Rasor then went back downstairs and again spoke with Spetrino's father. The agent explained that he and the other agents had conducted a surveillance of the building and knew that Spetrino was somewhere within. Spetrino's father then admitted Agent Rasor returned to the third floor and told Donaldson that he knew that Spetrino was within the apartment. He instructed Donaldson to step aside to permit the agents to enter and make the arrest. Donaldson continued to refuse the agents entry and again told them that without a search warrant they could not enter the apartment. Agent Rasor shoved Donaldson aside, and the two agents went into the apartment. As they pushed past Donaldson, a minor shoving match occurred at the door of the apartment.
that Spetrino was hiding upstairs in Donaldson's apartment.
After the agents had pushed past him, Donaldson moved toward the bedroom. Agent Rasor drew his gun and commanded Donaldson to stop. By this time, Donaldson, with Agent Rasor following, was inside the bedroom. Agent Rasor ordered Donaldson to sit in a chair. Donaldson did so, and Rasor stood facing him. Spetrino was found behind a bed.
Spetrino and Donaldson were placed under arrest and taken to the Westport barracks of the State Police. After being advised of his rights and waiving them, Donaldson told Agent Healy about the events which had led to his arrest. Donaldson said that at about 5:00 p.m., Spetrino had knocked on the door and told Donaldson that he was being watched by someone. Donaldson asked Spetrino if the persons watching him were the same persons who had arrested him on June 29. Spetrino said that he thought so. Spetrino then asked Donaldson if he could stay in the third floor apartment because the Secret Service agents could not enter the third floor apartment without a search warrant. Spetrino offered Donaldson twenty dollars so that Donaldson and his girlfriend and her children could "go to a movie or something." Donaldson agreed. Before Donaldson, his girlfriend, and the children could leave, however, the Secret...
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