United States v. Davis
290 F.3d 1239, 2002 WL 997097, 2002 U.S. App. LEXIS 9411 (2002)
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Rule of Law:
A warrantless entry into a home is not justified by the exigent circumstances exception to the Fourth Amendment based solely on the general dangerousness of domestic disturbance calls; there must be specific, articulable facts indicating an immediate threat to the safety of officers or others.
Facts:
- Police officers Richard Parsons and James Fletcher responded to a report of a possible domestic disturbance at the residence of Jason Davis and Desiree Coleman.
- Upon arrival, Officer Parsons saw no signs of a disturbance, and Davis met him at the door, appearing to have been drinking.
- Davis stated the noise was from him disciplining his child and that Coleman was not home, but Coleman then appeared and confirmed they had been arguing.
- Davis attempted to shield Coleman from the officer's view and resisted her efforts to keep the door open.
- When officers told Davis they were coming in to check on Coleman, Davis refused entry, then told Coleman to go outside while he retreated into the house.
- The officers entered the home without a warrant, following Davis as he moved toward the back of the house.
- Davis quickly returned from the back of the house holding a child.
- Both Davis and Coleman expressed their desire for the officers to leave and refused to consent to a search.
Procedural Posture:
- Jason Davis was indicted on drug and firearm charges based on evidence discovered in his home.
- Davis filed a motion to suppress the evidence in the U.S. District Court for the District of Kansas, arguing the initial warrantless search was illegal.
- The district court granted Davis's motion to suppress.
- The government, as the appellant, appealed the district court's suppression order to the U.S. Court of Appeals for the Tenth Circuit.
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Issue:
Does a warrantless police entry into a home, based on a domestic disturbance report and a resident's retreat into the house, violate the Fourth Amendment when there are no specific, articulable facts indicating an immediate threat to officer safety or others?
Opinions:
Majority - Porfilio, Circuit Judge
Yes. A warrantless police entry into a home violates the Fourth Amendment where the government fails to demonstrate exigent circumstances based on specific facts indicating an immediate threat. The court reasoned that warrantless home entries are presumptively unreasonable. The government has the burden to prove an exception, such as exigent circumstances, applies. Here, the facts did not support a reasonable belief of an immediate risk; Davis had no history of violence, he was not threatening, the alleged victim showed no signs of harm and was also trying to prevent the officers' entry. The court rejected the government's request for a special rule for domestic violence calls, holding that the potential for danger in such situations does not create a blanket exception to the warrant requirement, similar to how the Supreme Court rejected a blanket exception for felony drug investigations in Richards v. Wisconsin. The analysis must be based on the unique facts of each specific controversy.
Analysis:
This decision reinforces the high protection the Fourth Amendment affords to the home, clarifying that the exigent circumstances exception is narrow and fact-specific. It explicitly rejects the creation of a categorical exception for domestic disturbance calls, preventing police from using the general nature of a situation to justify a warrantless entry. The ruling serves as an important check on police discretion, requiring officers to articulate specific facts pointing to an imminent danger rather than relying on generalized assumptions about a type of call. This precedent strengthens the warrant requirement and emphasizes that the burden is squarely on the government to justify any intrusion into a private residence.
