U.S. v. Comstock

• Citation: 531 F.3d 667
• Decision Date: 08 July 2008
• Docket Number: No. 07-2905.,07-2905.
• Parties: UNITED STATES of America, Appellee, v. Randall Lee COMSTOCK, Appellant.
• Court: United States Courts of Appeals. United States Court of Appeals (8th Circuit)

531 F.3d 667

UNITED STATES of America, Appellee, v. Randall Lee COMSTOCK, Appellant.

No. 07-2905.

United States Court of Appeals, Eighth Circuit.

Submitted: April 15, 2008.

Filed: July 8, 2008.

Aaron D. Hamrock, argued, West Des Moines, IA, for appellant.

Shanon Olson, AUSA, argued, Des Moines, IA, (John S. Courter, AUSA, on the brief), for appellee.

Before GRUENDER, BALDOCK,¹ and BENTON, Circuit Judges.

BALDOCK, Circuit Judge.

A jury in the Southern District of Iowa found Defendant Randall Lee Comstock guilty of being a felon, and drug user, in possession of firearms and ammunition. See 18 U.S.C. §§ 922(g)(1), (g)(3); id. § 924(a)(2). The district court imposed a 180 month term of imprisonment. On appeal, Defendant challenges the district court's² denial of his motion to suppress evidence seized during authorities' warrantless search of his residence, as well as the district court's decision to sentence him under the Armed Career Criminal Act. See 18 U.S.C. § 924(e)(1). We exercise jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742(a), and affirm.

I.

On May 5, 2006, authorities conducted a warrantless search of Defendant's home and detached garage. Officials seized, among other things, the firearms and ammunition that gave rise to the underlying charges. The parties' respective accounts of how Defendant and his wife, Jessica Comstock, came to give written consent to authorities' search diverge at certain points. Nevertheless, except where otherwise noted, the facts are uncontested.

This case arose in connection to a West Des Moines Police Department (WDMPD) burglary investigation. On April 30, 2006, perpetrator(s) broke into Corn States Metal, a West Des Moines business, and stole approximately $80,000 in property, including a variety of metal fabrication equipment and a Chevrolet pickup truck. WDMPD's investigation revealed that Randy DePhillips was selling the equipment stolen from the burglary. Accordingly, WDMPD Detective Daniel Paulson made arrangements to purchase, in an undercover capacity, a welding tool from DePhillips. On May 5, 2006, Detective Paulson met DePhillips at a Des Moines area residence and purchased a stolen Cornstates Metal welder for $1000, using pre-marked police funds. During the transaction, DePhillips indicated he could sell Detective Paulson additional Cornstates Metal tools. He stated that, although the other items were with someone "down south," he could get them to Des Moines if the detective was interested. Later, DePhillips said he would try to make the arrangements within the hour. When he left Detective Paulson, WDMPD surveillance followed DePhillips, but briefly lost sight of him near the intersection of Northwest 52nd and Lovington streets. Defendant lived five or six houses south of that intersection, on Northwest 52nd Street.

WDMPD officers regained contact with DePhillips a short time later. Police followed him as he traveled north on Northwest 52nd Street, turned east onto Lovington Street, and returned to his place of business. After the surveillance team monitored DePhillips for a short time, Detective Paulson approached, identified himself, read DePhillips his Miranda³ rights, and asked if DePhillips would speak with him. DePhillips agreed. Detective Paulson asked DePhillips for the $1000. DePhillips denied having the cash, saying he delivered the $1000 to Defendant at his home. He explained that he was selling items stolen from Corn States Metal for Defendant. DePhillips denied knowing who burgled Corn States Metal. When asked by Detective Paulson if anyone else was present when he dropped off the $1000, DePhillips said Dave, the person from "down south" storing additional tools stolen from Corn States Metal, was at Defendant's house. DePhillips described Dave's vehicle as a station wagon or small minivan. After speaking with DePhillips, WDMPD officers decided to do a "knock and talk" at Defendant's residence. Detective Paulson testified that, had the "knock and talk" proved unsuccessful, WDMPD officers were prepared to write a search warrant for [Defendant's] residence.

Detective Paulson, Detective Lloyd Carlson, and Officer Kelly Griffith went to Defendant's Northwest 52nd Street residence. As the officers approached the property, they noticed numerous vehicles parked in the vicinity of Defendant's home. Two cars were parked in Defendant's driveway, a van-like vehicle was parked in the driveway of the abandoned residence immediately north of Defendant's house, and numerous parked vehicles congested the street in front of Defendant's residence. Detective Paulson testified that at least one matched DePhillips' description of the vehicle driven by Dave (i.e., from "down south"). Accordingly, Detective Paulson believed multiple individuals could be inside Defendant's house.

Detective Paulson knocked on the door and displayed his WDMPD badge when Defendant answered. The detective told Defendant that WDMPD was investigating a case involving stolen property. He said he knew Randy DePhillips just delivered $1000 to Defendant, and that he wanted WDMPD's cash back. Detective Paulson told Defendant that he was not under arrest and asked Defendant if he would speak with him. Defendant agreed and invited the officers into his home. The three WDMPD officers entered and spoke with Defendant in the front room, immediately adjoining the front door. Before sitting down, Detective Paulson asked Defendant if he had the $1000. Defendant said yes, and that he obtained the money from DePhillips. Defendant retrieved the cash from his pocket. Detective Paulson briefly inspected the bills' serial numbers, which matched the $1000 he gave DePhillips for the welder.

The three officers proceeded to interview Defendant about the stolen property and the Corn States Metal burglary. During this conversation Detective Carlson, asked Defendant if anyone else was in the house. Defendant said no. When Detective Carlson asked whether he could search the residence to verify as much, Defendant agreed. Detective Carlson testified that he made the request for officer safety purposes. Detective Carlson and Office Griffith proceeded to sweep the house, entering a bedroom off the living room, the kitchen, and then the basement via a kitchen stairwell. Detectives Paulson described Defendant's demeanor throughout the sweep as being very relaxed, docile, cooperative, and complacent. Detectives Paulson and Carlson testified that Defendant never objected to the officers' protective sweep, nor attempted to limit, qualify, or revoke his consent thereto. Conversely, Defendant testified that the officers never asked whether they could conduct a protective sweep. Further, he testified that, when Detective Carlson headed towards the basement, he signaled his objection by saying "hey."

In any event, a short time after Detective Carlson and Office Griffith entered the basement, they returned and informed Detective Paulson they found a marijuana grow operation in the basement. At that point, approximately 8:00 p.m., Detective Paulson handcuffed Defendant (with his arms behind his back), advised him of his Miranda rights, and summoned narcotics officers to respond. Detective Paulson told Defendant that, while he did not want to discuss the drugs, he would like to continue their conversation about the stolen property, while awaiting the narcotics team's arrival. Defendant agreed and proceeded to make several admissions concerning the burglary, including that the vehicle stolen from Corn States Metal was the Chevrolet truck in his driveway and that other stolen items were in his garage. Detective Paulson testified that a fence obstructed his view of the truck when he approached the house and, therefore, he had not recognized the truck as the vehicle stolen from Corn States Metal until Defendant's admission.

Thereafter, Jessica Comstock and a friend arrived at the Comstock residence. When informed that officers had found the grow operation, Mrs. Comstock responded by saying it was for personal use and they had no intention of selling the marijuana. She also denied knowing that the Chevrolet truck was stolen. Detective Paulson described Mrs. Comstock's demeanor towards the officers as being very docile and cooperative, though she seemed irritated to learn that the Corn States Metal truck and tools were stolen. Throughout this interval, Defendant remained handcuffed. Officers did, however, remove the handcuffs to allow Defendant to use the restroom. They also briefly removed the handcuffs so Defendant could put on a shirt.

Additionally, at some point, Mrs. Comstock asked to turn on the heat (which required flipping the breaker switch located in the basement). The police acceded and Detective Carlson accompanied her to the basement. According to Mrs. Comstock, when Detective Carlson accompanied her downstairs, he asked her about the object located to the left of the breaker box. In response, Mrs. Comstock testified that she entered the combination (which she indicated that she alone had) and opened the gun safe so the detective could look inside. Mrs. Comstock further stated that after looking in the safe, Detective Carlson closed, without locking, the safe, directed her to go back upstairs, and exited the basement behind her. Notably, Detective Carlson testified that the aforementioned events concerning the gun safe never occurred.

Sometime after Defendant admitted to Detective Paulson that he had other stolen items in his garage, Detective Paulson testified that Defendant gave him permission to get the tools, as well as specific instructions on where to find them. After trying unsuccessfully to locate the items, Detective Paulson had Mrs. Comstock accompany him to the garage and, with her assistance, retrieved the tools. Aside from these efforts, Detective Paulson testified that he did not search the garage or the residence. Conversely, Defendant testified that he had not given Detective...