United States v. Todd J. Debuse
289 F.3d 1072, 2002 WL 1009271 (2002)
Premium Feature
Subscribe to Lexplug to listen to the Case Podcast.
Rule of Law:
When a person is lawfully arrested outside their residence and voluntarily requests to re-enter, law enforcement officers are permitted under the Fourth Amendment to accompany the arrestee inside and may seize any contraband or evidence of a crime observed in plain view.
Facts:
- Todd J. DeBuse violated a domestic abuse protection order by contacting his former wife.
- Police received an arrest warrant for DeBuse, along with a notice that he had a history of violence and might possess numerous firearms, including an AK-47.
- Four officers went to DeBuse's home, where he answered the door and was informed he was under arrest.
- Officers handcuffed DeBuse outside his home.
- DeBuse, who was barefoot, asked the officers if he could re-enter his house to retrieve his shoes, socks, keys, and wallet.
- Three officers escorted the handcuffed DeBuse back into his house.
- Upon entering the house, the officers saw a rifle hanging on a wall in plain view.
- Officers subsequently learned that DeBuse was a convicted felon, making his possession of firearms illegal.
Procedural Posture:
- The United States government charged DeBuse in the U.S. District Court for the District of Nebraska with being a felon in possession of a firearm.
- DeBuse filed a motion to suppress the firearms evidence, arguing the searches of his home violated the Fourth Amendment.
- The district court, the court of first instance, denied DeBuse's motion to suppress.
- DeBuse entered a conditional guilty plea, which preserved his right to appeal the court's ruling on the suppression motion.
- The district court sentenced DeBuse to thirty-seven months in prison.
- DeBuse (the appellant) appealed the denial of his motion to suppress and his sentence to the U.S. Court of Appeals for the Eighth Circuit, with the United States government as the appellee.
Premium Content
Subscribe to Lexplug to view the complete brief
You're viewing a preview with Rule of Law, Facts, and Procedural Posture
Issue:
Does the Fourth Amendment permit police officers, after arresting a suspect outside their home, to accompany the suspect back inside at the suspect's request and rely on evidence observed in plain view to establish probable cause for a subsequent search warrant?
Opinions:
Majority - Fagg, Circuit Judge.
Yes. The Fourth Amendment permits officers to accompany an arrestee into their home at the arrestee's request, and evidence seen in plain view during this accompaniment is lawfully obtained. Although the arrest of a person outside their residence does not ordinarily justify a warrantless search of the residence itself, an exception exists when an officer accompanies the arrestee inside to obtain clothing or identification. Citing Washington v. Chrisman, the court reasoned that an arresting officer has the authority to maintain custody and 'remain literally at the arrestee’s elbow at all times.' Because DeBuse voluntarily chose to re-enter his home for his own convenience, it was reasonable for the officers to accompany him. Therefore, the officers were lawfully in a position to see the rifle in plain view, which, given DeBuse's status as a felon, provided sufficient probable cause for the subsequent search warrant.
Analysis:
This case reinforces and applies the 'officer accompaniment' exception established in Washington v. Chrisman, which carves out a significant exception to the warrant requirement for home searches incident to arrest established in Chimel v. California. The decision clarifies that an arrestee's own request to re-enter their home opens the door, both literally and legally, for law enforcement to enter as well. This creates a bright-line rule that prioritizes officer safety and control over the arrestee's privacy interests within the home in these specific circumstances, solidifying that any plain-view discoveries made during such an entry are admissible.
Unlock the full brief for United States v. Todd J. Debuse