United States v. Dabrezil, 022015 FED11, 14-11474
|Opinion Judge:||PER CURIAM:|
|Party Name:||UNITED STATES OF AMERICA, Plaintiff-Appellee, v. JOHNY DABREZIL, Defendant-Appellant.|
|Judge Panel:||Before WILSON, MARTIN, and BLACK, Circuit Judges.|
|Case Date:||February 20, 2015|
|Court:||United States Courts of Appeals, Court of Appeals for the Eleventh Circuit|
DO NOT PUBLISH
Appeal from the United States District Court for the Southern District of Florida D.C. Docket No. 1:13-cr-20765-DLG-1
Johny Dabrezil appeals his convictions for one count of possession of 15 or more unauthorized access devices, in violation of 18 U.S.C. §§ 1029(a)(3) and 2, and three counts of aggravated identity theft, in violation of 18 U.S.C. §§ 1028A(a)(1) and 2.
Briefly stated, law enforcement officers received a report of a domestic assault with injuries at an apartment in North Miami Beach, Florida. Officers from the North Miami Beach Police Department responded to the scene. Officer Darren Fagan arrived on the scene first, and, within a minute of his arrival, Officers Juan Dolcine and Samuel Simon arrived. As Officer Fagan approached the apartment, he could hear an ongoing argument between a male and a female. After a brief series of authoritative knocks, Debrezil's visibly agitated live-in girlfriend opened the door. When he entered the apartment, Officer Fagan immediately detected the smell of marijuana coming from inside the apartment. To determine what had taken place, Officer Simon spoke with Dabrezil while Officer Fagan spoke with Dabrezil's live-in girlfriend. Meanwhile, Officer Dolcine entered the apartment and within seconds, also detected the smell of marijuana. Officer Dolcine conducted a limited inspection of the living room area, but did not extend his inspection to any other rooms in the apartment. His inspection revealed a small amount of marijuana along with some credit cards, both of which were located on the coffee table. After this discovery, Dabrezil was read his Miranda rights. Shortly thereafter, Officer Craig Catlin arrived at Officer Dolcine's request. Approximately one minute later, Officers Fagan and Simon cleared the scene; their shifts had ended. Officer Catlin asked Officer Dolcine whether the other officers had checked the entire apartment to determine if anyone else was present, to which he responded they had not. Officer Catlin's subsequent inspection of the apartment's rooms revealed, among other things, a notebook and a ledger on top of the notebook with names, dates of birth, and social security numbers, all found lying on the bed in plain view.
On appeal, Dabrezil contends: 1) the officers violated his Fourth Amendment rights by entering and searching his apartment without a warrant, consent, or exigent circumstances; 2) the seizure of the Walmart visa card was improper under the plain view doctrine; and 3) the security...
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