Siebert v. Severino
| Decision Date | 06 July 2001 |
| Docket Number | PLAINTIFFS-APPELLANTS,DEFENDANT-APPELLEE,No. 00-2654,00-2654 |
| Citation | 256 F.3d 648 |
| Court | U.S. Court of Appeals — Seventh Circuit |
| Parties | (7th Cir. 2001) ROBERT SIEBERT AND PAMELA SIEBERT,, v. DAVID SEVERINO, |
Appeal from the United States District Court for the Central District of Illinois, Peoria Division. No. 98 C 1411--Michael M. Mihm, Judge. [Copyrighted Material Omitted]
[Copyrighted Material Omitted] David L. Stanczak (argued), Dunn, Ulbrich, Hundman, Stanczak & Ogar, Bloomington, IL, for Plaintiffs-Appellants.
Elizabeth R. Schenkier (argued), Office of the Atty. Gen., Civ. Appeals Div., Chicago, IL, for Defendant-Appellee.
Before Bauer, Manion, and Rovner, Circuit Judges.
David Severino, a volunteer investigator for the Illinois Department of Agriculture, seized three horses owned by Pamela Siebert, after having searched a barn owned by Pamela and her husband Robert. After the Sieberts got the horses back, they sued Severino under Section 1983, alleging that he violated their Fourth Amendment right to be free from unreasonable searches and seizures and deprived them of their property--three horses--without due process of law. The district court granted Severino summary judgment. The Sieberts appeal, and we reverse.
Robert and Pamela Siebert own and reside on property in rural Carlock, Illinois. Their home and barn are situated on a four and one-half acre site. The barn, which is located approximately sixty feet from their house, is surrounded by a fence. Also inside the fence are a riding area, turn-outs, and a paddock. The horses are free to go in and out of the barn at will. About a five-minute walk from their own property is a seven-acre pasture owned by their friend and neighbor Deb Oberg. Ms. Oberg agreed to allow the Sieberts to turn out their horses on her pasture in exchange for their keeping up the area. This pasture is very hilly and has a stream running through it.
The Sieberts, who at the relevant time owned seven horses, kept three in Oberg's pasture and four in their own fenced-in riding and barn area. They also rotated the horses at times, bringing the three in from the pasture and turning out the others. The three horses kept in the pasture were fed twice a day; the Sieberts would tie buckets of grain to the fence posts and throw hay on the ground for them to eat. Water for the horses came from the creek that runs through the pasture, and in the winter, if the creek froze, Robert would break the ice with an ax handle. While there are no significant man-made shelters on the property, there are abundant trees and steep slopes which establish a windbreak for the horses. The Sieberts have kept horses at this location for approximately 15 years, and Pamela has extensive experience with horses and is knowledgeable about their needs and care.
On December 16, 1996, David Severino, who is a volunteer for the Illinois Department of Agriculture, received a complaint that the Sieberts' horses were in a fenced area with no shelter or water. In response, Severino entered the Sieberts' fenced-in paddock and turn-out area without a search warrant to inspect the horses. He also entered the Sieberts' barn where the feed and hay were kept, taking a sample of each. In addition he entered and inspected Ms. Oberg's property where the three horses were located. On the day he went to the Sieberts', the temperature ranged from 28 to 42 degrees, and there was abundant dry ground in the Oberg pasture that was easily accessible by the horses. Before leaving the Sieberts', Severino taped a Notice of Apparent Violation on the door to their house. The notice stated that the Sieberts had failed to provide the horses in the pasture with adequate shelter and protection from weather and had failed to provide them with humane care and treatment. It also stated that the horses were standing in mud and that there were no dry areas for them to stand and that they were drinking from the creek. The notice gave the Sieberts 72 hours to take corrective action.
When the Sieberts discovered the notice, they drove to Severino's house to discuss the situation with him, but he was not home. The next day, Pamela called Severino's office to arrange a meeting. Severino was not at the office, so Pamela explained the situation to the person who answered the phone for Severino. Pamela said that she would move the horses to the barn right away, if that was what she had to do. A person named "Leah" at Severino's office instructed Pamela to leave the horses where they were--describing the layout as "a beautiful place" and "perfect... for horses"--and to await a call from Severino. Severino never returned the call, even though Pamela provided Leah with "all the numbers I could think of wherever I would be." Instead, on December 19, he returned to their home with several police officers to seize the horses. He tried to put the three horses in a two-horse trailer, but not surprisingly had problems. One of the Sieberts' neighbors went over to help when she saw that Severino and the officers could not control the horses and were hitting them to get them inside the trailer. Somehow they succeeded with this venture and before leaving, they gave the Sieberts' son a Notice of Impoundment. The horses were taken to a barn where the Sieberts later found them to be without water and with a mare and stallion together in the same stall. Over the next two days, Pamela met with Severino and had various conversations concerning the horses. Apparently, Severino agreed to return the horses if they built a "stall," which they did literally overnight, as by December 21, 1996 all three horses were returned to the Sieberts. (Presumably this so-called stall was some kind of free-standing shelter or shed.)
After the Sieberts' horses were returned, they sued David Severino and the officers involved under Section 1983, alleging that the defendants violated their Fourth and Fourteenth Amendment rights. They also asserted a state law claim for trespass. All of the defendants, other than David Severino, were dismissed from the case, and then the parties engaged in discovery. During discovery, the Sieberts learned that Severino had told Chet Boruff, the Deputy Director of the Department of Agriculture, that the horses were kept in a confined, muddy area, were emaciated, near death, in danger, and needed to be removed immediately. However, as noted above, the horses were not kept in a confined, muddy area and were well-fed, and Severino does not now contend otherwise.
Following discovery, Severino moved for summary judgment on the constitutional claims. The district court granted that motion. The district court also dismissed the Sieberts' state law trespass claim, concluding that a state Court of Claims had exclusive jurisdiction over it. The Sieberts appeal from the district court's summary judgment ruling on the constitutional claims, but do not challenge the dismissal of the state law trespass claim.
The Sieberts sued Severino under Section 1983 for violating their Fourth Amendment rights, as incorporated by the Fourteenth Amendment. Actually, the Sieberts present two distinct Fourth Amendment claims: First, they contend that Severino violated their Fourth Amendment right to be free from unreasonable searches by entering and searching their barn; and second, they claim that Severino violated the Fourth Amendment's prohibition of unreasonable seizures by seizing the three horses without a warrant and without exigent circumstances.
It is undisputed that Severino entered and searched the Sieberts' barn. He did not have a warrant to do so. Severino contends that he did not need a warrant because the barn was not within the curtilage of the Sieberts' home, and therefore it was outside the protection of the Fourth Amendment. The Sieberts concede that their barn, which is about 60 feet from their home, was outside the curtilage of their home, but maintain that because they had an expectation of privacy in the barn, it is still protected by the Fourth Amendment.
The Fourth Amendment protects persons against unreasonable searches and seizures of their "persons, houses, papers, and effects." Both a home and the home's curtilage--i.e., "the area outside the home itself but so close to and intimately connected with the home and the activities that normally go on there that it can reasonably be considered part of the home"--are within the scope of the Fourth Amendment's protection. United States v. Shanks, 97 F.3d 977, 979 (7th Cir. 1996) (quoting United States v. Pace, 898 F.2d 1218, 1228 (7th Cir. 1990)). Thus, the government cannot search this area absent a warrant (or some exception to the warrant requirement). But if a search occurs outside the home or the home's curtilage--even if it is on private property--the Fourth Amendment's guarantee applies only if the property owner has a legitimate expectation of privacy in the area. This is because the Supreme Court has rejected a property-line approach to the Fourth Amendment, concluding instead that the government may enter a person's private property (outside of the curtilage) and conduct a warrantless search, unless that individual has a legitimate expectation of privacy in the property searched. Id.
Thus, the question presented on appeal is whether the Sieberts had a reasonable expectation of privacy in their barn. They did. The barn was within 60 feet of their home. It had doors on it, which they often kept locked, and it was located in a fenced-in area of their property. Severino contends that the Sieberts did not have an expectation of privacy in the barn because they were not engaged in intimate activities in the barn. But how did he know that without first going inside? In fact, Severino entered the premises in response to a report of animal abuse. Such an...
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