United States v. John Edward Baker ( 2015 )


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  •              Case: 14-10356    Date Filed: 02/12/2015   Page: 1 of 6
    [DO NOT PUBLISH]
    IN THE UNITED STATES COURT OF APPEALS
    FOR THE ELEVENTH CIRCUIT
    ________________________
    No. 14-10356
    Non-Argument Calendar
    ________________________
    D.C. Docket No. 5:13-cr-00009-MTT-CHW-1
    UNITED STATES OF AMERICA,
    Plaintiff-Appellee,
    versus
    JOHN EDWARD BAKER,
    Defendant-Appellant.
    ________________________
    Appeal from the United States District Court
    for the Middle District of Georgia
    ________________________
    (February 12, 2015)
    Before MARCUS, JULIE CARNES and FAY, Circuit Judges.
    PER CURIAM:
    John Edward Baker appeals his conditional guilty plea for being a felon in
    possession of a firearm, in violation of 
    18 U.S.C. §§ 922
    (g)(1) and 924(a)(2). On
    Case: 14-10356     Date Filed: 02/12/2015    Page: 2 of 6
    appeal, he argues that the district court erred by denying his motion to suppress the
    firearm found inside of his residence. After careful review, we affirm.
    When reviewing the denial of a motion to suppress, we review the district
    court’s factual determinations for clear error, and its application of law to the facts
    de novo. United States v. Jordan, 
    635 F.3d 1181
    , 1185 (11th Cir. 2011). We
    construe the facts in a light most favorable to the prevailing party below, and
    afford substantial deference to the factfinder’s explicit and implicit credibility
    determinations. United States v. Lewis, 
    674 F.3d 1298
    , 1303 (11th Cir. 2012). We
    review a district court’s determination of reasonable suspicion de novo. Ornelas v.
    United States, 
    517 U.S. 690
    , 699 (1996).
    To enter a residence based upon an arrest warrant, an officer must have a
    reasonable belief that the subject of the warrant is using the location as a dwelling,
    and the officer must have a reason to believe that he is within the dwelling. United
    States v. Magluta, 
    44 F.3d 1530
    , 1533 (11th Cir. 1995). A dwelling may be a
    suspect’s residence even if the suspect sometimes lives in other places. United
    States v. Bennett, 
    555 F.3d 962
    , 965 (11th Cir. 2009).           We are sensitive to
    commonsense factors when evaluating the totality of the circumstances to
    determine whether both prongs of the test are met. United States v. Bervaldi, 
    226 F.3d 1256
    , 1263 (11th Cir. 2000).
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    An officer may stop and briefly detain a person for investigative purposes if
    he has a reasonable suspicion that criminal activity is afoot. United States v.
    Griffin, 
    696 F.3d 1354
    , 1358 (11th Cir. 2012). The investigatory detention must
    be justified at its inception and reasonably related in scope to the circumstances.
    
    Id.
     An officer does not exceed the scope of the stop by asking questions if those
    questions do not measurably extend the duration of the stop, even if the questions
    are unrelated to the initial reason for the stop. 
    Id. at 1362
    .
    Reasonable suspicion is a commonsense, nontechnical conception, and is not
    reducible to a set of legal rules. Ornelas, 
    517 U.S. at 695-96
    . It is met when an
    officer has a particularized and objective basis to suspect a person of criminal
    activity. 
    Id. at 696
    . Reasonable suspicion requires less information than probable
    cause, and the officer’s information may be less reliable. Alabama v. White, 
    496 U.S. 325
    , 330 (1990). In assessing reasonable suspicion, we examine the totality
    of the circumstances, and give due weight to the officer’s experience. United
    States v. Briggman, 
    931 F.2d 705
    , 709 (11th Cir. 1991). Because reasonable
    suspicion is examined from the position of an objectively reasonable officer, we do
    not examine whether a specific officer had a reasonable suspicion at the time of the
    detention. United States v. Nunez, 
    455 F.3d 1223
    , 1226 (11th Cir. 2006). We’ve
    said that an officer is permitted to conduct a warrantless search of a probationer’s
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    residence when he has a reasonable suspicion that criminal conduct is occurring.
    United States v. Carter, 
    566 F.3d 970
    , 973 (11th Cir. 2009).
    Here, it is unclear whether the officers’ warrantless entry into Baker’s
    residence was justified as a probation search since the officers did not know that he
    was a probationer when they entered the residence. We nevertheless affirm the
    denial of Baker’s suppression motion based on the district court’s alternate
    conclusion that the officers were permitted to enter Baker’s residence to serve an
    arrest warrant against Tiffany Gordon. See United States v. Caraballo, 
    595 F.3d 1214
    , 1222 (11th Cir. 2010) (holding that we may affirm the denial of a motion to
    suppress on any ground supported by the record). As the record reveals, an
    informant told the officers that Gordon had lived at Baker’s residence, and one of
    the officers personally knew that Gordon moved to different residences for short
    periods of time. The informant confirmed that Gordon was inside the residence,
    and an officer saw Gordon inside the residence before entering. Thus, the officers
    had sufficient information to reasonably believe that Gordon was residing with
    Baker and was present at the residence. Magluta, 
    44 F.3d at 1533
    .
    The officers’ temporary detention of Baker was also constitutional because it
    was based on a reasonable suspicion that he was harboring a fugitive. The record
    shows that when an officer asked Baker if Gordon was at the house, Baker did not
    answer. When the officer asked if anyone was at the house, Baker lied and said
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    that he was not sure whether anyone was present. After Baker was restrained, he
    was told that a warrant was outstanding for Gordon, but he did not tell the officers
    that Gordon was at the house. Based on the officers’ observations that multiple
    people were inside the house and one officer’s sighting of Gordon, the officers
    could have reasonably suspected that Baker was harboring Gordon when they
    detained him. See 
    18 U.S.C. § 1071
     (criminalizing the concealment of a person
    with an arrest warrant after the defendant is given notice of the warrant).
    Moreover, because the detainment was justified, the officers were permitted to
    question Baker about unrelated matters that did not lengthen the detention,
    including his probation status. Griffin, 696 F.3d at 1362.
    Finally, the officers’ second search of the house -- for the firearm -- was a
    valid probation search.     At that point, the officers were aware of Baker’s
    probationary status, as well as the probation conditions (including a consent to
    searches) that he had agreed to after his conviction on state drug charges. Thus,
    because the officers knew about his probationary status and his search condition,
    they only needed reasonable suspicion to search Baker’s house for the firearm.
    Carter, 
    566 F.3d at 973
    . The record reveals that Gordon had informed one of the
    officers that Baker had a silver firearm, thus giving the officers reasonable
    suspicion that Baker illegally possessed a firearm.          See 
    18 U.S.C. § 922
    (g)
    (criminalizing possession of a firearm if the owner has been convicted of felony).
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    Accordingly, the second search of Baker’s residence was constitutional, and the
    district court did not err by denying Baker’s motion to suppress the firearm.
    AFFIRMED. 1
    1
    In addition, Baker’s Motion for Bail Pending Disposition of Appeal is DENIED.
    6