U.S. v. Davis, 83-4722
| Decision Date | 03 January 1985 |
| Docket Number | No. 83-4722,83-4722 |
| Parties | UNITED STATES of America, Plaintiff-Appellant, v. Ronald Wayne DAVIS, Defendant-Appellee. |
| Court | U.S. Court of Appeals — Fifth Circuit |
Glen H. Davidson, U.S. Atty., John Marshall Alexander, Asst. U.S. Atty., Oxford, Miss., Mervyn Hamburg, Kathleen A. Felton, Dept. of Justice, Washington, D.C., for plaintiff-appellant.
Robert McDuff, University Law School, University, Miss., for defendant-appellee.
Appeal from the United States District Court for the Northern District of Mississippi.
Before THORNBERRY, GARWOOD and HILL, Circuit Judges.
Defendant-Appellee, Ronald Wayne Davis, was indicted on one count of receiving and possessing firearms in interstate commerce by a convicted felon in violation of 18 U.S.C. Sec. 1202(a)(1) (Supp.). Davis filed
a motion in the district court to suppress all evidence of the firearms and the statements made by him at the time of their discovery, contending that they were obtained in a warrantless search of his house and that any consent to search was invalid as having been obtained by deceit and trickery. After an evidentiary hearing, the district court issued oral findings and granted Davis' motion. The government conceded that the suppressed evidence was essential to its case and the court granted Davis' motion to dismiss the indictment with prejudice. The government appeals from the district court's order sustaining the defendant's motion to suppress the evidence and dismissing the indictment. We reverse.
On May 2, 1982, the Panola County, Mississippi, Sheriff's office received a report that Billy Woods (defendant's uncle) had a machine gun in his possession. Deputy Sheriff Willie Joiner contacted the Bureau of Alcohol, Tobacco, and Firearms ("BATF") and requested that the Bureau investigate the report. The investigation was conducted jointly by Deputy Joiner and BATF Special Agent Don Medley.
On May 3, 1982, Joiner and Medley visited Woods. Woods told the officers that he did not have a machine gun but that the day before he had "been down shooting snakes or turtles or something on the river with his nephew, Ronnie Davis." Then, in response to a request by agent Medley, Woods took the officers into his house and allowed them to look at the guns he owned. The officers found no machine gun; however, they did find ammunition for an automatic weapon. Woods had no explanation as to how the ammunition got into his house.
The next day, May 4, the officers interviewed Mrs. Woods, Billy Woods' wife. She told the officers that it was possible that her nephew, defendant Ronald Davis, had brought some machine guns from Texas and that she had heard that there was more than one machine gun around. Mrs. Woods also indicated that Davis had a previous conviction. Later that day Medley and Joiner went to the Panola County courthouse where they discovered that Davis had a prior felony conviction for possession of marijuana. Both Medley and Joiner knew that possession of any firearms by a convicted felon was a federal crime.
On May 5, Medley and Joiner went to Davis' house. When they drove into the driveway Davis was standing on the back porch. After introductions and some idle conversation, agent Medley said to Davis: "I guess you know why we are here." The testimony was conflicting as to whether agent Medley then told Davis that the officers were there to look for a machine gun or whether Davis said that he knew they were there to look for a machine gun. The district court found it unnecessary to resolve the conflict, finding that it was clear that Davis understood that the officers were there to investigate a report of a machine gun and that the officers knew that this was Davis' understanding. Davis then stated that he did not have a machine gun but that he did have other guns. It is undisputed that Davis volunteered the information that he had other guns. The district court found that it was undisputed that Davis then said, "Well, I have no objection to your entering the house to show you what guns I do have." 1
The officers followed Davis into the house. Davis took an unloaded revolver out of a piece of furniture next to the door. Then he took the officers to the back bedroom. Davis collected another revolver, several rifles and shotguns and placed all of the firearms on the bed. He told the officers that was all of the guns he had.
There was no machine gun. Agent Medley then asked if he could record the serial numbers and told Davis that it was unlawful for Davis to possess firearms since he was a convicted felon. Medley went to his car, came back with a rights form and read Davis the Miranda warnings. Davis acknowledged that he understood his rights and signed a waiver of rights form. Davis later signed a form abandoning the weapons to the BATF. Davis was not arrested at that time.
Davis was indicted for unlawful receipt and possession of firearms in interstate commerce by a convicted felon. Davis testified at the suppression hearing that he let the officers into the house to see his guns because he believed that the officers were looking for a machine gun and he wanted to clear himself of suspicion. He also testified that he would not have let the officers into the house if they had told him they were looking for any guns or if they had told him that they knew he was a convicted felon and it was unlawful for him to possess any firearms.
The district court granted Davis' motion to suppress. The court found that the entry of the officers was "through a form of misrepresentation or half truths." The court found that the "defendant admitted them to the house under the firm impression that he had nothing to hide so long as he didn't have a machine gun in his possession" and that it was "the obligation of the federal officers, if they wished to enter that house, by way of a valid consent to search, that the defendant be told exactly what he was confronted with, the nature of the charge, and not get into the house through any form of deceit or misrepresentation." The district court concluded that the officers did not fulfill this obligation and that Davis' consent was vitiated by the officers' misrepresentation of the nature and scope of their search.
It is well-settled that a warrantless search will be valid if it is conducted pursuant to the defendant's voluntary consent. Schneckloth v. Bustamonte, 412 U.S. 218, 93 S.Ct. 2041, 36 L.Ed.2d 854 (1973). Courts must analyze the totality of the circumstances to determine whether the consent was knowingly and voluntarily given. Id. Any misrepresentation by the government is a factor to be considered in evaluating the circumstances. United States v. Andrews, 746 F.2d 247, 250 (5th Cir.1984) [1984]. The issue to be decided is whether, looking at all of the circumstances, the defendant's will was overborne. Andrews, supra, at p. 249. The district court held that under the circumstances in this case the consent to search was involuntary because it was induced by misrepresentation and deceit. The district court's determination on the issue of voluntariness is a finding of fact that cannot be overturned unless clearly erroneous. United States v. Phillips, 664 F.2d 971, 1023 (5th Cir.1981), cert. denied, 457 U.S. 1136, 102 S.Ct. 2965, 73 L.Ed.2d 1354, 459 U.S. 906, 103 S.Ct. 208, 74 L.Ed.2d 166 (1982).
Davis contends that the officers intentionally misrepresented the nature and scope of their investigation. It is Davis' position that at the time the officers arrived at his house the officers were in fact looking not only for a machine gun but for any firearms. Davis argues that the officers engaged in trickery or deceit by leading him to believe that they were looking for a machine gun and by failing to inform him that they were looking for any firearms. Davis argues that the officers' failure to tell him the full scope of their investigation misled him and that if there had been full disclosure he would not have consented to let the officers enter the house.
There is evidence in the record that the officers might have had reason to suspect that Davis had possession of firearms other than a machine gun. There is testimony that on May 3 Billy Woods told the officers that he (Woods) had "been down shooting snakes or turtles or something on the river with his nephew, Ronnie Davis." There is not, however, any evidence to suggest that the officers acted on this information or had any intent to act on the information. Davis did not even become a suspect in the investigation until the next day, after the officers received information from Mrs. Woods that Davis might be connected with the reported machine gun. Davis argues that the fact that the officers went to the county courthouse to see if he had a record supports a finding that the officers were investigating Davis for something more than suspected possession of a machine gun. Davis argues that since it is illegal for anyone to possess a machine gun, there was no reason to look up his record unless the officers were in fact investigating him for possession of firearms in general. The record reflects only that the officers checked Davis' record to confirm Mrs. Woods' statement that Davis had previously been convicted. At oral argument, the government's attorney suggested that there was a legitimate reason for investigating Davis' prior record since possession of a machine gun by a convicted felon violates two federal statutes, whereas, only one federal statute is violated when a non-felon is in possession of a machine gun. There is no direct evidence that the officers had more than one purpose in going to Davis' house. Both Medley and Joiner testified that prior to their discussion with Davis at his home on May 5, they were only investigating the report of a machine gun.
The district court did not make any finding regarding the officers' intentions prior to the time they went...
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