U.S. v. Wilson
| Decision Date | 17 January 1989 |
| Docket Number | No. 88-1032,88-1032 |
| Parties | UNITED STATES of America, Plaintiff-Appellee, v. Sean Randall WILSON, Defendant-Appellant. |
| Court | U.S. Court of Appeals — Ninth Circuit |
Robert M. Holley, Asst. Federal Public Defender, Sacramento, Cal., for defendant-appellant.
Kristin Sudhoff Door, Asst. U.S. Atty., Sacramento, Cal., for plaintiff-appellee.
Appeal from the United States District Court for the Eastern District of California.
Before PREGERSON, CANBY and BEEZER, Circuit Judges.
Wilson entered a plea of guilty to a charge of manufacturing methamphetamine, reserving the right to appeal the court's denial of his motion to suppress evidence. Wilson was then convicted of manufacturing methamphetamine in violation of 21 U.S.C. Sec. 841(a)(1). Wilson contends that the district court erred in admitting evidence obtained following a warrantless search of his residence. We hold that the search was lawful and affirm Wilson's conviction.
This court will uphold the district court's findings of fact at a suppression hearing unless they are clearly erroneous. United States v. Feldman, 788 F.2d 544, 550 (9th Cir.1986), cert. denied, 479 U.S. 1067, 107 S.Ct. 955, 93 L.Ed.2d 1003 (1987). The ultimate issue of whether exigent circumstances justify a warrantless entry and/or search is resolved under the de novo standard. United States v. Echegoyen, 799 F.2d 1271, 1277-78 (9th Cir.1986).
Wilson contends that the warrantless search of his residence was unlawful and that the evidence seized from the residence should therefore have been suppressed. A warrantless search is per se illegal unless it falls within an exception to the fourth amendment's warrant requirement. Katz v. United States, 389 U.S. 347, 357, 88 S.Ct. 507, 514, 19 L.Ed.2d 576 (1967). When there is probable cause the police may lawfully make a warrantless search where "exigent circumstances" exist. Exigent circumstances are "those circumstances that would cause a reasonable person to believe that entry (or other relevant prompt action) was necessary to prevent physical harm to the officers and other persons, the destruction of relevant evidence, the escape of the suspects or some other consequence improperly frustrating legitimate law enforcement efforts." United States v. Echegoyen, 799 F.2d 1271, 1278 (9th Cir.1986) (quoting United States v. McConney, 728 F.2d 1195, 1199 (9th Cir.) (en banc), cert. denied, 469 U.S. 824, 105 S.Ct. 101, 83 L.Ed.2d 46 (1984)). "Exigent circumstances necessarily imply that there is insufficient time to get a warrant." Id. at 1279 n. 5.
The relevant facts of this case are as follows. On the morning of Saturday, May 30, 1987, police officers Reynolds and McCabe went to investigate a complaint of a chemical smell in a residential area. At approximately 11:00 a.m., they determined that the odor was coming from Wilson's residence. Reynolds recognized the smell as that of ether. The officers also saw a liquid, which smelled like ether, pouring out of Wilson's garage. They heard movements from within the garage.
Officer Reynolds knew that ether is highly explosive and flammable. He also knew that ether is commonly present during the manufacture of methamphetamine. Because of the fire and explosion hazard posed by the ether, Reynolds called a fire truck to the scene.
While the officers were taking these actions, Wilson left the house. He noticed a patrol car and began to run. The officers apprehended him and placed him under arrest some distance from the residence and outside the view of any person who might be occupying the residence. Thereafter, the police arrested a man and woman (the Rileys) who knocked on the door of the residence and were uncooperative and evasive. Because this second arrest took place on the doorstep of the residence, the officers believed that their presence may have been announced to any possible occupants who might seek to flee or destroy evidence. The officers, in light of all that they had observed, had probable cause to believe that illicit activity was taking place in the house. They therefore decided to make an immediate...
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