U.S. v. Standridge, 86-8455

• Citation: 810 F.2d 1034
• Decision Date: 19 February 1987
• Docket Number: No. 86-8455,86-8455
• Parties: UNITED STATES of America, Plaintiff-Appellee, v. James Allen STANDRIDGE, Defendant-Appellant. Non-Argument Calendar.
• Court: United States Courts of Appeals. United States Court of Appeals (11th Circuit)

Page 1034

810 F.2d 1034

UNITED STATES of America, Plaintiff-Appellee, v. James Allen STANDRIDGE, Defendant-Appellant.

No. 86-8455

Non-Argument Calendar.

United States Court of Appeals, Eleventh Circuit.

Feb. 19, 1987.

Stephanie Kearns, Federal Defender Program, Inc., Atlanta, Ga., for defendant-appellant.

Stephen S. Cowen, U.S. Atty., Richard B. Kuniansky, Asst. U.S. Atty., Atlanta, Ga., for plaintiff-appellee.

Appeal from the United States District Court for the Northern District of Georgia.

Before FAY, ANDERSON and EDMONDSON, Circuit Judges.

PER CURIAM:

Appellant James Standridge was convicted of four crimes: (1) bank robbery, 18 U.S.C. sec. 2113(a); (2) assaulting a person or placing a person's life in jeopardy by use of a dangerous weapon while robbing a bank, 18 U.S.C. sec. 2113(d); (3) using a dangerous weapon while committing a federal crime of violence, 18 U.S.C. sec. 924(c); and (4) possession of a firearm by a felon with three prior convictions for robbery or burglary, 18 U.S.C.App. sec. 1202(a). We affirm.

On February 25, 1986, at 10:45 a.m., a lone white male attempted to rob a bank in Atlanta, Georgia. Witnesses described the would-be robber to the FBI as approximately thirty years old, with a mustache and stubbly beard. At 11:41 a.m. the same morning, a white male of the same description robbed a bank in nearby Doraville, Georgia. He displayed a pistol and obtained $4,485.00. The teller at the second bank noticed that the robber was wearing a light blue jacket. In both incidents, the robber escaped in a blue, foreign-made car.

A bank surveillance camera had been activated during the robbery attempt at the first bank. By 2:39 p.m., the FBI had developed the film, which depicted an almost "portrait-quality" photograph of the would-be robber. The FBI released the photo, with a short news release, to television stations in the Atlanta area.

At about 7:00 p.m., appellant's brother called the FBI, notifying them that the robber was appellant and that appellant had probably gone to a Ramada Inn in Marietta, Georgia. FBI agents were dispatched both to the brother's apartment and to the Ramada Inn.

Around 7:30 p.m., the FBI interviewed both Stanley Standridge, appellant's brother, and the brother's girlfriend, Kim Bender. Both Stanley and Kim identified appellant as the would-be robber in the bank surveillance photo. Kim also identified the sunglasses that appellant was wearing in the bank photo as a pair of sunglasses which she had given to appellant earlier in the day.

Kim told the FBI that appellant had borrowed her light blue Toyota Corolla early that morning and called her shortly after noon to tell her that it had broken down. Kim drove Stanley's pickup over to where appellant was waiting with her stalled Toyota and tried to jump start the Toyota. When she reached under the front seat of the Toyota for a tool, she noticed a stack of neat, crisp and paper-clipped five dollar bills. She also saw appellant remove a bank bag from the trunk of her Toyota and put it in the pickup.

Stanley told the FBI that when appellant and Kim returned to the apartment about 1:00 p.m., appellant had in his possession several stacks of cash. Stanley observed appellant count out approximately $3,000.00 in cash and later that afternoon saw appellant carrying a cloth bag. When Stanley asked appellant what was inside, appellant opened the bag, and Stanley observed a quantity of cash. Stanley told the FBI that appellant had taken a taxi to the Ramada Inn about 5:30 p.m.

The FBI agents completed the interview with Kim and Stanley about 7:45 p.m. They then drove to the Ramada Inn where other FBI agents had already learned that appellant had checked into a sixth floor room on a "pay-as-you-go" basis and that room service had delivered dinner to appellant at approximately 7:00 p.m.

The FBI agents phoned an Assistant United States Attorney, who verbally authorized them to proceed with a warrantless arrest. Thereupon, at about 8:30 p.m. an FBI agent dressed as a porter knocked on the door of appellant's motel room, as though he had come to clear the dinner dishes. When appellant Standridge opened the door, a group of FBI agents burst into the room. They arrested Standridge, and seized evidence including a drawstring bag, a loaded pistol, $3,219.00 cash, a wallet, a pair of sunglasses, a light blue jacket, and a money wrapper.

I. The Motion to Suppress Evidence

On appeal, Standridge argues that the district court erred by not suppressing the evidence seized in the motel room because there were no exigent circumstances to justify the warrantless arrest. Standridge points out that more than seven hours had passed since the robberies and that Stanley and Kim had notified the FBI that he had helped them move furniture that afternoon.

The fourth amendment prohibits the police from making a warrantless and non-consensual entry into a suspect's home for purposes of making a felony arrest, unless exigent circumstances are present. Payton v. New York, 445 U.S. 573, 100 S.Ct. 1371, 63 L.Ed.2d 639 (1980). This fourth amendment requirement applies to a motel room. See, e.g., United States v. Bulman, 667 F.2d 1374 (11th Cir.1982), cert. denied sub nom., Howard v. United States, 456 U.S. 1010, 102 S.Ct. 2305, 73 L.Ed.2d 1307 (1982).

Exigent circumstances do not necessarily involve "hot pursuit" of a fleeing criminal. Factors which indicate exigent circumstances include: (1) the gravity or violent nature of the offense with which the suspect is to be charged; (2) a reasonable belief that the suspect is armed; (3) probable cause to believe that the suspect committed the crime; (4) strong reason to believe that the suspect is in the premises being entered; (5) a likelihood that delay could cause the escape of the suspect or the destruction of essential evidence, or jeopardize the safety of officers or the public. See Dorman v. United States, 435 F.2d 385, 392-93 (D.C.Cir.1970) (en banc); United States v. Campbell, 581 F.2d 22, 25-27 (2d Cir.1978); United States v. Newbern, 731 F.2d 744, 748-49 (11th Cir.1984); United States v. Roper, 681 F.2d 1354, 1357 n. 1 (11th Cir.1982) (dictum), cert. denied sub nom. Newton v. United States, 459 U.S. 1207, 103 S.Ct. 1197, 75 L.Ed.2d 440 (1983).

In the present case, the circumstances were sufficiently exigent to justify a warrantless arrest. The FBI had probable cause to believe that Standridge had attempted to rob one bank and actually robbed another earlier that day. There was reason to believe Standridge was armed. At any moment, Standridge's brother could have felt remorse and called Standridge to warn him, or Standridge could have seen his own photo on a television news report about the robberies. If the FBI delayed, Standridge might dispose of the stolen cash or other evidence. More importantly, any delay increased the risk that innocent members of the public might be injured if Standridge attempted to leave the motel. It was safer to arrest Standridge immediately by surprise in his motel room, than to wait for a warrant, and to risk a gun battle erupting in the halls, stairs, lobby or other public area of the fully occupied hotel should Standridge try to escape.

Standridge argues that even if the warrantless arrest was justified by exigent circumstances, the ensuing warrantless search of his motel room was impermissible. A search incident to arrest is always allowed of the suspect's person and the immediate area from which the suspect can grab a weapon or destroy evidence, Chimel v. California, 395 U.S. 752, 89 S.Ct. 2034, 23 L.Ed.2d 685 (1969). Broader searches may be permissible depending upon the circumstances.

Every arrest must be presumed to present a risk of danger to the arresting officer. Washington v. Chrisman, 455 U.S. 1, 8, 102 S.Ct. 812, 817, 70 L.Ed.2d 778 (1982). Where necessary, police arresting a suspect may conduct a protective sweep of the area to check for other persons who might pose a threat to the safety of the officers or the public. See United States v. Diecidue, 603 F.2d 535, 559 (5th Cir.1979); cert. denied sub nom., Antone v. United States, 445 U.S. 946, 100 S.Ct. 1435, 63 L.Ed.2d 781 (1980); United States v. Bowdach, 561 F.2d 1160, 1169 (5th Cir.1977). ¹

Such a security sweep is particularly reasonable where, as was the situation in the case sub judice, officers are arresting a suspect they believe to be armed and dangerous, who might not be alone ² and who in fact physically resists the arrest. In such a volatile arrest scenario, officers may reasonably conduct a protective sweep of a motel room and adjoining bathroom, so long as there is uncertainty as to whether there might be others present. See United States v. Sheikh, 654 F.2d 1057, 1071 (5th Cir. Unit A 1981) (protective sweep of motel room where "officers did not know whether [the suspect] was going to meet someone inside the ... room."), cert. denied, 455 U.S. 991, 102 S.Ct. 1617, 71 L.Ed.2d 852 (1982). The police officers' need to ensure their own safety is compelling. If the officers spot evidence during a protective sweep, they may seize it. See, e.g., United States v. Hultgren, 713 F.2d 79, 88-89 (5th Cir.1983).

When Standridge opened the door, approximately eight FBI agents burst into the room. The first few agents grabbed Standridge, holding him against a wall, then forcing him down on the first bed as Standridge struggled in resistance. Other agents rushed past into the room. Within seconds after entry, Agent Graham asked another agent to cover him, and both agents looked under the second bed. Agent Graham's vision was blocked by clothing and a bag. As he pushed aside the clothing and bag to see if anybody was behind them under the bed, he felt a heavy object like a gun in the bag. He opened the drawstring bag, and saw inside a pistol and a large quantity of cash. The FBI seized the bag, pistol, money, and clothing.

As part of the protective sweep, another agent looked in the...