United States v. Gerald Lee Edmondson, 791 F.2d 1512 (11th Cir. 1986). · Go Syfert
United States v. Gerald Lee Edmondson, 791 F.2d 1512 (11th Cir. 1986). Cases Citing This Book View Copy Cite
158 citation events (73 in the last 25 years) across 26 distinct courts.
Strongest positive: Coffin v. Brandau (ca11, 2011-06-03)
Treatment trajectory · 1986 → 2026 · click a year to view as-of
1986 2006 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Coffin v. Brandau
11th Cir. · 2011 · quote attribution · 1 verbatim quote · confidence high
a finding of probable cause alone . . . does not justify a warrantless arrest at a suspect's home.
discussed Cited as authority (verbatim quote) Coffin v. Brandau
11th Cir. · 2011 · quote attribution · 1 verbatim quote · confidence high
a finding of probable cause alone . . . does not justify a warrantless arrest at a suspect's home.
discussed Cited as authority (verbatim quote) John Coffin v. Stacy Brandau (2×) also: Cited as authority (rule)
11th Cir. · 2011 · quote attribution · 1 verbatim quote · confidence high
a finding of probable cause alone . . . does not justify a warrantless arrest at a suspect's home.
cited Cited as authority (rule) Charlotte Moore v. Gwinnett County
11th Cir. · 2020 · confidence medium
Exigent circumstances may include “danger to the arresting officers . . . .” Id. at 1245 (quoting United States v. Edmondson, 791 F.2d 1512, 1515 (11th Cir. 1986)).
discussed Cited as authority (rule) Roseann Michelle Gill v. Grady Judd (2×) also: Cited "see"
11th Cir. · 2019 · confidence medium
See, e.g., Blake, 888 F.2d 30 Case: 17-14525 Date Filed: 10/21/2019 Page: 31 of 48 at 797–98 (considering whether evidence should be suppressed on the ground that a search exceeded the scope of the defendants’ consent); United States v. Edmondson, 791 F.2d 1512, 1515 (11th Cir. 1986) (finding that the defendant’s warrantless arrest in his home was illegal because his “consent” was based on a show of official authority by police officers).
discussed Cited as authority (rule) Harold Fish v. Tim Brown
11th Cir. · 2016 · confidence medium
Fish consented to the deputies’ entry by responding “All right” when Ries-co' said she had brought Harrison and Loucks with her “to" watch so I don’t steal nothing of yours, okay?” 41 As the district court found, “[b]y responding affirmatively to Riesco’s introduction of the officers, Fish gave what any reasonable person would have considered explicit verbal consent for the officers to enter his home.” 42 Plaintiff alternatively argues that if he is deeméd to have given consent, his “consent” was not effective because it was prompted by a “show of official authority.�…
cited Cited as authority (rule) United States v. Ratcliff
N.D. Ala. · 2016 · confidence medium
Id. (quoting United States v. Edmondson, 791 F.2d 1512, 1514 (11th Cir.1986)).
discussed Cited as authority (rule) Elvan Moore v. Kevin Pederson (2×)
11th Cir. · 2015 · confidence medium
“A suspect does not consent to being arrested within his residence when his consent to the entry into his residence is prompted by a show' of official authority.” United States v. Edmondson, 791 F.2d 1512, 1515 (11th Cir.1986).
discussed Cited as authority (rule) United States v. Canetha Johnson
11th Cir. · 2015 · confidence medium
See Bautista, 362 F.3d at 591-92 (holding that opening the door in response to a police demand and then failing to object when officers entered was not voluntary consent); see also Tobin, 923 F.2d at 1512 (explaining that courts have held that consent was not voluntary in “cases in which police have used their position to demand entry”); United States v. Edmondson, 791 F.2d 1512, 1514-15 (11th Cir.1986) (finding a defendant’s “consent” — opening the door, stepping back, and placing his hands upon his head— involuntary where it was prompted by a number of Federal Bureau of Investi…
discussed Cited as authority (rule) United States v. Tavoris Hall
11th Cir. · 2012 · confidence medium
“The exigent circumstances exception encompasses situations such as hot pursuit of a suspect, risk of removal or destruction of evidence, and danger to the arresting officers or the public.” United States v. Edmondson, 791 F.2d 1512, 1515 (11th Cir.1986).
discussed Cited as authority (rule) United States v. Andrew Wingo
11th Cir. · 2012 · confidence medium
“A finding of fact is clearly erroneous only when a reviewing court is left with the definite and firm conviction that a mistake has been committed.” United States v. Edmondson, 791 F.2d 1512, 1514-15 (11th Cir.1986).
discussed Cited as authority (rule) Bash v. Patrick (2×) also: Cited "see"
M.D. Ala. · 2009 · confidence medium
This exception encompass situations when a warrant is not feasible or advisable, “such as hot pursuit of a subject, risk of removal or destruction of evidence, and danger to the arresting officers or the public.” Id.; U.S. v. Edmondson, 791 F.2d 1512, 1515 (11th Cir.1986). 8 The entry by Officers Patrick and Taunton into the Bash home was not a violation of a clearly established constitutional right because a reasonable officer on the scene could have thought the entry fell within the hot pursuit exception described above.
cited Cited as authority (rule) Dwayne Shepard v. Hallandale Beach Police Dept.
11th Cir. · 2008 · confidence medium
United States v. Edmondson, 791 F.2d 1512, 1515 (11th Cir.1986).
discussed Cited as authority (rule) WDH v. State
Ala. Crim. App. · 2008 · confidence medium
See Brown, 422 U.S. at 611 , 95 S.Ct. 2254 (Powell, J., concurring in part) (characterizing the inquiry as whether "some demonstrably effective break" has occurred); see also Taylor v. Alabama, 457 U.S. 687 , 102 S.Ct. 2664 , 73 L.Ed.2d 314 (1982) (discussing a defendant who was arrested without probable cause "in the hope that something would turn up," and confessed shortly thereafter without any meaningful intervening event); United States v. Edmondson, 791 F.2d 1512, 1516 (11th Cir.1986) (mentioning the defendant's removal from the *131 scene of the arrest as an intervening circumstance). "…
discussed Cited as authority (rule) W.D.H. v. State
Ala. Crim. App. · 2008 · confidence medium
See Brown, 422 U.S. at 611 , 95 S.Ct. 2254 (Powell, J., concurring in part) (characterizing the inquiry as whether “some demonstrably effective break” has occurred); see also Taylor v. Alabama, 457 U.S. 687 , 102 S.Ct. 2664 , 73 L.Ed.2d 314 (1982) (discussing a defendant who was arrested without probable cause “in the hope that something would turn up,” and confessed shortly thereafter without any meaningful intervening event); United States v. Edmondson, 791 F.2d 1512, 1516 (11th Cir.1986) (mentioning the defendant’s removal from the scene of the arrest as an intervening circumstanc…
discussed Cited as authority (rule) United States v. Smalls
S.D. Fla. · 2008 · confidence medium
Bumper v. North Carolina, 391 U.S. 543, 548-50 , 88 S.Ct. 1788 , 20 L.Ed.2d 797 (1968); compare United States v. Ramirez-Chilel, 289 F.3d 744, 747, 750-51 (11th Cir.2002) (consent given in response *1253 to request for entry was voluntary despite the fact that four agents approached defendant’s residence shortly before midnight, and requested admittance to determine whether there were any counterfeit documents located inside the residence, and the defendant then “yield[ed] the right-of-way” to the officers although he made no verbal response); with United States v. Tovar-Rico, 61 F.3d 15…
discussed Cited as authority (rule) Ex Parte Bridgett
Ala. · 2008 · confidence medium
See Brown, 422 U.S. at 611 , 95 S.Ct. 2254 (Powell, J., concurring in part) (characterizing the inquiry as whether ‘some demonstrably effective break’ has occurred); see also Taylor v. Alabama, 457 U.S. 687 , 102 S.Ct. 2664 , 73 L.Ed.2d 314 (1982) (discussing a defendant who was arrested without probable cause ‘in the hope that something would turn up,’ and confessed shortly thereafter without any meaningful intervening event); United States v. Edmondson, 791 F.2d 1512, 1516 (11th Cir.1986) (mentioning the defendant’s removal from the scene of the arrest as an intervening circumstanc…
discussed Cited as authority (rule) State v. Triana
Fla. Dist. Ct. App. · 2008 · confidence medium
Saari, 272 F.3d at 808 (involving four officers who "positioned themselves in front of the only exit from [d]efendant's apartment with their guns drawn . . . knocked forcefully on the door and announced that they were the police"); Sharrar v. Felsing, 128 F.3d 810, 819 (3d Cir.1997) (involving a SWAT team who surrounded the house, pointed machine guns at the windows, and ordered the occupants out), abrogated on other grounds, Curley v. Klem, 499 F.3d 199 (3d Cir.2007); United States v. Maez, 872 F.2d 1444, 1449-50 (10th Cir.1989) (involving FBI agents and a SWAT team that surrounded a trailer …
discussed Cited as authority (rule) United States v. Stiner (2×)
M.D. Fla. · 2008 · confidence medium
United States v. Edmondson, 791 F.2d 1512, 1515 (11th Cir.1986) (finding the defendant’s action of stepping back from the front door with his hands behind his head to be an acquiescence to a show of official authority in light of the number of FBI agents present and the announcement of their presence by an agent yelling “FBI.
discussed Cited as authority (rule) United States v. Jose M. Gonzalez-Coca
11th Cir. · 2008 · confidence medium
A factual finding is clearly erroneous if the court “is left with the definite and firm conviction that a mistake has been committed.” United States v. Mullens, 65 F.3d 1560, 1563-64 (11th Cir.1995) (quoting United States v. Edmondson, 791 F.2d 1512, 1514-15 (11th Cir.1986)).
discussed Cited as authority (rule) Douglas McClish v. Richard B. Nugent (2×)
11th Cir. · 2007 · confidence medium
See Illinois v. Rodriguez, 497 U.S. 177, 181 , 110 S.Ct. 2793 , 111 L.Ed.2d 148 (1990); United States v. Edmondson, 791 F.2d 1512, 1515 (11th Cir.1986).
discussed Cited as authority (rule) Saleem Bashir v. Rockdale County, Georgia
11th Cir. · 2006 · confidence medium
Payton, 445 U.S. at 588-89 , 100 S.Ct. at 1381 (quoting with approval United States v. Reed, 572 F.2d 412, 423 (2d Cir.1978)); see also Kirk, 536 U.S. at 637 , 122 S.Ct. at 2459 (reversing state court ruling that warrantless entry, arrest, and search did not violate the Fourth Amendment because there had been probable cause to arrest); Minnesota v. Olson, 495 U.S. 91, 95 , 110 S.Ct. 1684, 1687 , 109 L.Ed.2d 85 (1990) (“It was held in Pay-ton... that a suspect should not be arrested in his house without an arrest warrant, even though there is probable cause to arrest him.”); United States v…
discussed Cited as authority (rule) United States v. Thomas
6th Cir. · 2005 · confidence medium
The others had their service weapons drawn, and, “[u]pon opening the door, Defendant was instructed to come outside, which he did.” Id. at 808 ; see also Sharrar v. Felsing, 128 F.3d 810, 819 (3d Cir. 1997) (holding that “[n]o reasonable person would have believed that he was free to remain in the house” when the police surrounded the house, pointed machine guns at the windows and ordered the occupants out); United States v. Maez, 872 F.2d 1444, 1450 (10th Cir. 1989) (holding that when a No. 04-6148 United States v. Thomas Page 4 SWAT team surrounded a trailer with rifles pointed at th…
discussed Cited as authority (rule) United States v. Christopher Todd Thomas
6th Cir. · 2005 · confidence medium
The others had their service weapons drawn, and, “[u]pon opening the door, Defendant was instructed to come outside, which he did.” Id. at 808 ; see also Sharrar v. Felsing, 128 F.3d 810, 819 (3d Cir. 1997) (holding that “[n]o reasonable person would have believed that he was free to remain in the house” when the police surrounded the house, pointed machine guns at the windows and ordered the occupants out); United States v. Maez, 872 F.2d 1444, 1450 (10th Cir.1989) (holding that when a SWAT team surrounded a trailer with rifles pointed at the home and addressed the occupants over loud…
discussed Cited as authority (rule) Commonwealth v. Rogers (2×)
Mass. · 2005 · confidence medium
See Johnson v. United States, 333 U.S. 10, 12-13 (1948) (consent invalid as “granted in submission to authority rather than as an understanding and intentional waiver of a constitutional right” where defendant “stepped back acquiescently” and admitted police into hotel room); United States v. Edmondson, 791 F.2d 1512, 1514, 1515 (11th Cir. 1986) (defendant’s response of stepping back and putting hands on head in response to demand, “FBI.
discussed Cited as authority (rule) John Doe, Jane Doe v. Kathleen A. Kearney
11th Cir. · 2003 · signal: cf. · confidence medium
Sens., 237 F.3d 1101, 1106 (9th Cir.2001); Brokaw v. Mercer County, 235 F.3d 1000, 1020 (7th Cir.2000); Tenenbaum, 193 F.3d at 593-94 ; Hollingsworth v. Hill, 110 F.3d 733, 739 (10th Cir.1997); Jordan by Jordan v. Jackson, 15 F.3d 333, 346 (4th Cir.1994); cf. United States v. Edmondson, 791 F.2d 1512, 1514 (11th Cir.1986) (allowing warrantless search and *1294 seizure in criminal cases where exigent circumstances exist).
cited Cited as authority (rule) United States v. Carlos Enrique Ramirez-Chilel
11th Cir. · 2002 · signal: cf. · confidence medium
Cf. United States v. Edmondson, 791 F.2d 1512, 1515 (11th Cir.1986).
cited Cited as authority (rule) United States v. Davis
M.D. Fla. · 2001 · confidence medium
The government also uses the example of United States v. Edmondson, 791 F.2d 1512, 1515-16 (11th Cir.1986).
discussed Cited as authority (rule) United States v. Xiong
E.D. Wis. · 1999 · confidence medium
United States v. Edmondson, 791 F.2d 1512, 1515 (11th Cir.1986) (“A suspect does not consent to being arrested within his residence when his consent to the entry into his residence is prompted by a show of official authority.”).
discussed Cited as authority (rule) Richard v. City of Harahan
E.D. La. · 1998 · confidence medium
See Specht v. Jensen, 832 F.2d 1516 (10th Cir.1987) (affirming jury verdict finding police violated Fourth Amendment in search and seizure of plaintiffs office and home in connection with enforcement of' an order of a repossession of property), remanded on rehearing for reconsideration on other grounds, 853 F.2d 805 (10th Cir.1988); U.S. v. Edmondson, 791 F.2d 1512, 1515 (11th Cir. 1986) (suspect does not consent to entry of residence when consent is prompted by show of official authority); Elam v. Montgomery County, 573 F.Supp. 797, 803-04 (S.D.Ohio 1983) (finding issues of material fact as t…
discussed Cited as authority (rule) Cox v. State
Ind. · 1998 · confidence medium
See, e.g., United States v. Berkowitz, 927 F.2d 1376 (7th Cir.1991) (if arresting agents cross threshold after announcing intent to arrest and suspect recognizes authority, the arrest is constitutional; arrest is unconstitutional if police cross threshold before announcing authority to arrest); United States v. Bradley, 922 F.2d 1290 (6th Cir.1991) (arrest violated Payton where police turned up at suspect’s door with an indictment and immediately arrested suspect at threshold when he answered the door), overruled on other grounds by United States v. McGlocklin, 8 F.3d 1037 (6th Cir.1993); Un…
discussed Cited as authority (rule) Phuagnong v. State
Fla. Dist. Ct. App. · 1998 · signal: cf. · confidence medium
Id. at 1427-28; cf. United States v. Edmondson, 791 F.2d 1512, 1515 (11th Cir. 1986)(no implied consent to enter defendant's dwelling to effect an arrest when defendant opened his door upon being told to do so by the arresting officer).
examined Cited as authority (rule) United States v. Conner (5×) also: Cited "see"
N.D. Iowa · 1996 · confidence medium
Cf. Bumper v. North Carolina, 391 U.S. 543, 549 , 88 S.Ct. 1788, 1792 , 20 L.Ed.2d 797 (1968); United States v. Edmondson, 791 F.2d 1512, 1515 (11th Cir.1986). “[W]here the validity of a search rests on consent, the State has the burden of proving that the necessary consent was obtained and that it was freely and voluntarily given, a burden that is not satisfied by showing a mere submission to a claim of lawful authority.” Florida v. Royer, 460 U.S. 491, 497 , 103 S.Ct. 1319, 1324 , 75 L.Ed.2d 229 (1983).
discussed Cited as authority (rule) United States v. Augustin Gonzalez
11th Cir. · 1996 · signal: cf. · confidence medium
Id. at 1427-28; cf. United States v. Edmondson, 791 F.2d 1512, 1515 (11th Cir.1986) (no implied consent to enter defendant’s dwelling to effect an arrest when defendant opened his door upon being told to do so by the arresting officer).
discussed Cited as authority (rule) United States v. Thomas R. Mullens
11th Cir. · 1995 · confidence medium
A factual finding is not clearly erroneous unless the court “is left with the definite and firm conviction that a mistake has been committed.” United States v. *1564 Edmondson, 791 F.2d 1512, 1514-15 (11th Cir.1986).
discussed Cited as authority (rule) United States v. Clara Inez Tovar-Rico, United States of America v. Clara Inez Tovar-Rico, Luis Alberto Figueroa-Marmolejo, Isabel Romeo, United States of America v. Isabel Romeo
11th Cir. · 1995 · confidence medium
Cf. Bumper v. North Carolina, 391 U.S. 543, 549 , 88 S.Ct. 1788, 1792 , 20 L.Ed.2d 797 (1968); United States v. Edmondson, 791 F.2d 1512, 1515 (11th Cir.1986). "[W]here the validity of a search rests on consent, the State has the burden of proving that the necessary consent was obtained and that it was freely and voluntarily given, a burden that is not satisfied by showing a mere submission to a claim of lawful authority." Florida v. Royer, 460 U.S. 491, 497 , 103 S.Ct. 1319, 1324 , 75 L.Ed.2d 229 (1983). 37 After a careful review of the uncontradicted facts established in the record, we concl…
discussed Cited as authority (rule) United States v. Tovar-Rico
11th Cir. · 1995 · confidence medium
Cf. Bumper v. North Carolina, 391 U.S. 543, 549 , 88 S.Ct. 1788, 1792 , 20 L.Ed.2d 797 (1968); United States v. Edmondson, 791 F.2d 1512, 1515 (11th Cir.1986). “[Wjhere the validity of a search rests on consent, the State has the burden of proving that the necessary consent was obtained and that it was freely and voluntarily given, a burden that is not satisfied by showing a mere submission to a claim of lawful authority.” Florida v. Royer, 460 U.S. 491, 497 , 103 S.Ct. 1319, 1324 , 75 L.Ed.2d 229 (1983).
discussed Cited as authority (rule) United States v. Salvador Magluta, A/K/A Sal, A/K/A Santiago Menendez, A/K/A Angelo Maretto
11th Cir. · 1995 · confidence medium
LaFave, Search and Seizure Sec. 6.1(a) at 568 (1987) 12 As explained above, the magistrate judge's report and recommendation was "ratified, affirmed and approved in its entirety" by the district court 13 Magluta directs our attention to United States v. Edmondson, 791 F.2d 1512, 1515 (11th Cir.1986), in which a panel of this court applied the clearly erroneous standard of review to a district court's finding that FBI agents possessed probable cause for arresting a suspect.
discussed Cited as authority (rule) United States v. Magluta
11th Cir. · 1995 · confidence medium
Magluta directs our attention to United States v. Edmondson, 791 F.2d 1512, 1515 (11th Cir. 1986), in which a panel of this court applied the clearly erroneous standard of review to a district court’s finding that FBI agents possessed probable cause for arresting a suspect.
examined Cited as authority (rule) United States v. Pedro Ernesto McGregor (4×) also: Cited "see"
11th Cir. · 1994 · confidence medium
The exigency exception, however, only applies when “the inevitable delay incident to obtaining a warrant must give way to an urgent need for immediate action.” United States v. Burgos, 720 F.2d 1520, 1526 (11th Cir.1983); see also United States v. Lynch, 934 F.2d 1226, 1232 (11th Cir.1991) (following Burgos); United States v. Edmondson, 791 F.2d 1512, 1515 (11th Cir.1986) (exigent circumstances exist only when it is impossible or impractical to obtain a warrant); cf. Vale v. Louisiana, 399 U.S. 30, 34-35 , 90 S.Ct. 1969, 1971-73 , 26 L.Ed.2d 409 (1970) (warrantless search of home improper …
discussed Cited as authority (rule) United States v. Kosek (2×) also: Cited "see"
usafctmilrev · 1994 · confidence medium
Taylor v. Alabama, 457 U.S. at 691 , 102 S.Ct. at 2667 , 73 L.Ed.2d at 320 (six hours elapsed between illegal arrest and confession, but time was full of continuous interrogation and a lineup); Rawlings v. Kentucky, 448 U.S. at 108 , 100 S.Ct. at 2563 , 65 L.Ed.2d at 644 (Rawlings and others detained in apartment for 45 minutes under custodial conditions, but atmosphere was congenial); Fazio, 914 F.2d at 958 (1 hour; Fazio not in custody and cooperative throughout); United States v. Edmondson, 791 F.2d 1512, 1516 (11th Cir. 1986) (confession at station 45 minutes after illegal arrest attenuate…
discussed Cited as authority (rule) State v. Santiago (2×) also: Cited "see, e.g."
Conn. · 1993 · confidence medium
Ed. 2d 213 (1992); United States v. Carrion, 809 F.2d 1120, 1127-28 (5th Cir. 1987); United States v. Edmondson, 791 F.2d 1512, 1515 (11th Cir. 1986); United States v. Al-Azzawy, 784 F.2d 890, 892-93 (9th Cir. 1985); United States v. Morgan, 743 F.2d 1158, 1166 (6th Cir. 1984), cert. denied, 471 U.S. 1061 , 105 S. Ct. 2126 , 85 L.
discussed Cited as authority (rule) United States v. William Kimmons, Howard Small, United States of America v. Bruce Lee Berta (2×)
11th Cir. · 1992 · confidence medium
As we noted in United States v. Edmondson, 791 F.2d 1512, 1515 (11th Cir.1986): A finding of probable cause alone ... does not justify a warrantless arrest at a suspect’s home.
discussed Cited as authority (rule) United States v. Acosta
unknown court · 1992 · confidence medium
See United States v. Winsor, 846 F.2d 1569, 1573 (9th Cir.1988) (no consent as matter of law where officers demanded entry under color of law); United States v. Edmondson, 791 F.2d 1512, 1514, 1515 (11th Cir.1986) (defendant’s opening door following command of “FBI.
discussed Cited as authority (rule) United States v. Jose Acosta A/K/A \Jose Diaz\"
unknown court · 1992 · confidence medium
See United States v. Winsor, 846 F.2d 1569, 1573 (9th Cir.1988) (no consent as matter of law where officers demanded entry under color of law); United States v. Edmondson, 791 F.2d 1512, 1514, 1515 (11th Cir.1986) (defendant's opening door following command of "FBI.
cited Cited as authority (rule) United States v. Joe Hatch A/K/A \Little Joe\""
11th Cir. · 1991 · confidence medium
Id. at 1408 ; United States v. Edmondson, 791 F.2d 1512, 1514 (11th Cir.1986).
examined Cited as authority (rule) United States v. Ronald Tobin, Clifford Roger Ackerson, United States of America v. Ronald Tobin (4×)
11th Cir. · 1991 · confidence medium
United States v. Edmondson, 791 F.2d 1512, 1514 (11th Cir.1986). 5 25 The voluntariness of consent must be judged in light of the totality of the circumstances.
discussed Cited as authority (rule) United States v. Stephen Quartermaine
11th Cir. · 1990 · confidence medium
“A finding of fact is clearly erroneous only when a reviewing court is left with the definite and firm conviction that a mistake has been committed.” United States v. Edmondson, 791 F.2d 1512, 1514-15 (11th Cir.1986) (citation omitted).
discussed Cited as authority (rule) People v. Drake
Colo. · 1990 · confidence medium
People v. Turner, 660 P.2d 1284, 1287 (Colo.1983); see also United States v. Rengifo, 858 F.2d 800, 804-805 (1st Cir.1988) (probable cause established when narcotics agents phoned hotel room at 3:00 a.m. and told person who answered that something “had gone wrong at the vessel,” and person replied, “what happened?”), cer t. denied, — U.S. -, 109 S.Ct. 1752 , 104 L.Ed.2d 189 (1989); United States v. Edmondson, 791 F.2d 1512, 1513-14 (11th Cir.1986) (probable cause established when residents of apartment building told FBI agents that photograph of bank robber matched resident of apartm…
discussed Cited as authority (rule) United States v. Arthur Maez (2×)
10th Cir. · 1989 · signal: cf. · confidence medium
Cf. United States v. Edmondson, 791 F.2d 1512, 1514-15 (11th Cir.1986) (FBI agents, with weapons drawn, knocked on door, directed occupant to open the door, which he did, and agents arrested him inside).
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee,
v.
Gerald Lee EDMONDSON, Defendant-Appellant
85-3852.
Court of Appeals for the Eleventh Circuit.
Jun 24, 1986.
791 F.2d 1512
Archibald J. Thomas, III, Jacksonville, Fla., for defendant-appellant., Thomas E. Morris and Alan Ceballos, Asst. U.S. Attys., Jacksonville, Fla., for plaintiff-appellee.
Kkavitch, Hatchett, Tuttle.
Cited by 92 opinions  |  Published
HATCHETT, Circuit Judge:

Appellant, Gary Lee Edmondson, appeals his conviction on four counts of bank robbery and one count of attempted bank robbery on the ground that the trial court improperly admitted evidence which was the product of an unreasonable search and seizure in violation of the fourth amendment. We affirm.

FACTS

In the course of investigating a series of four bank robberies occurring over a short period of time in the Jacksonville, Florida area, the Federal Bureau of Investigation (FBI) received information concerning an aborted bank robbery which they suspected was attempted by the same man responsible for the four robberies. The FBI obtained the license plate number of the car used in the aborted robbery and upon finding that it was registered to a Kathy Graham, they proceeded to her apartment for further investigation. Graham’s name was the only one registered with the apartment manager as a resident of the apartment. Witnesses on the premises identified the photograph of the robber taken by a bank surveillance camera from the first robbery as that of a male who had been seen with Graham on several occasions. An agent saw a man resembling the suspect in the bank surveillance photograph step outside of the apartment onto a landing to smoke a cigarette and return inside.

[*1514] After consulting an FBI legal advisor, the decision was made to knock on the door in an attempt to determine the identity of the person. The agents did not have a search nor arrest warrant. With weapons drawn, and with the vicinity in front of the apartment surrounded, the agents knocked on the door and saw Edmondson look out of the window. At this point, an agent yelled, “FBI. Open the door.” Edmond-son opened the door, stepped back, and placed his hands upon his head. In the apartment, the agents arrested Edmond-son, searched his person for weapons, and read him Miranda rights. Edmondson stated that he did not wish to make a statement. Several items were seized. The FBI agents then took Edmondson to their office to be photographed and fingerprinted.

Approximately forty-five minutes after his arrest, two agents and a local officer entered the fingerprinting room where Ed-mondson was waiting; they intended to advise him of his rights again and to obtain his consent to an interview. Before the agents could do so, Edmondson interjected, “Why don’t we just get this over with.” The agents then stopped Edmondson from talking and advised him of his Miranda rights again, this time in writing. Edmond-son read and signed the form. Edmondson then confessed to the four robberies and the attempted robbery. After admitting that he lived in the apartment in which he was arrested, Edmondson signed a form consenting to a search of the apartment and directed the agents to a large amount of cash hidden in the apartment.

An evidentiary hearing on appellant’s motion to suppress was conducted prior to trial. The district court entered an order granting in part and denying in part Ed-mondson’s motion to suppress. The district court found that Edmondson’s war-rantless arrest was illegal and that the evidence seized at the time of the arrest was to be suppressed. The district court determined, however, that Edmondson’s confession and consent to search were both sufficiently attenuated of any taint from the illegal arrest. Thus, they were acts of Edmondson’s free will. Edmondson was found guilty as charged on all counts.

DISCUSSION

Edmondson urges that the district court was correct in finding the agents’ entry into his apartment to be in violation of the rule announced in Payton v. New York, 445 U.S. 573, 100 S.Ct. 1371, 63 L.Ed.2d 639 (1980). He contends that his two confessions and the evidence the agents obtained at the time of their search of the apartment were all products of an unlawful search, were not sufficiently attenuated from the illegal arrest, and should not have been admitted at trial. The government argues that its search was not illegal because it had probable cause to arrest Edmondson, and that exigent circumstances justified their entry into his home to effect the arrest, and alternatively, because his actions at the time the agents sought to enter the apartment amounted to a consent to enter the apartment.

1. Arrest

A warrantless, nonconsensual entry into a suspect’s home to make a routine felony arrest is presumed to be unreasonable. Payton, 445 U.S. at 586-87, 100 S.Ct. at 1380, 63 L.Ed.2d at 651. Such an entry may be proper, however, where there is both probable cause and exigent circumstances. Payton, 445 U.S. at 590, 100 S.Ct. at 1382, 63 L.Ed.2d at 653; United States v. Milian-Rodriguez, 759 F.2d 1558, 1564 (11th Cir.1985), cert. denied, — U.S. —, 106 S.Ct. 135, 88 L.Ed.2d 112. The district court found probable cause existed for the arrest. The trial court’s determinations at the suppression hearing are reviewed as to findings of fact on a clearly erroneous standard. United States v. Arends, 776 F.2d 262, 264 (11th Cir.1985). All facts should be construed in the light most favorable to the prevailing party. Arends at 264. A finding of fact is clearly erroneous[*1515] only when a reviewing court is left with the definite and firm conviction that a mistake has been committed. United States v. Duckett, 583 F.2d 1309, 1313 (5th Cir.1978). We find that the district court’s finding that there was probable cause for arrest is not clearly erroneous.

A finding of probable cause alone, however, does not justify a warrantless arrest at a suspect’s home. Exigent circumstances which make it impossible or impractical to obtain a warrant must also be present. Vale v. Louisiana, 399 U.S. 30, 90 S.Ct. 1969, 26 L.Ed.2d 409 (1970). The exigent circumstances exception encompasses situations such as hot pursuit of a suspect, risk of removal or destruction of evidence, and danger to the arresting officers or the public. United States v. Satterfield, 743 F.2d 827, 843-44 (11th Cir.1984), ce rt. denied, — U.S. —, 105 S.Ct. 2362, 86 L.Ed.2d 262. We agree with the district court that none of these situations is present in this case and that the circumstances did not otherwise make it impossible or even imprudent for the agents to obtain a warrant before arresting Edmond-son.

The government alternatively contends that the warrantless arrest was valid because Edmondson consented to the officers’ entry into the apartment. The government argues that because Edmond-son went to the door to open it after the FBI agent ordered him to do so, stepped back, and placed his hands on his head, his actions amounted to an implied consent to be arrested. We agree with the district court that

[w]hile defendant’s submissive arrest posture may indicate a guilty mind, as the government contends, it also indicates an acquiescence to a show of official authority. There is no direct evidence that defendant actually saw the officers’ drawn weapons. However, defendant was aware there were FBI agents at his door and at the bottom of the stairs. The presence of a number of officers tends to suggest an undertaking which is not entirely dependent on the consent and cooperation of the suspect.

We agree with the district court that Ed-mondson’s arrest was illegal and that the physical evidence seized at the time of the arrest was unlawfully seized. A suspect does not consent to being arrested within his residence when his consent to the entry into his residence is prompted by a show of official authority. See United States v. Newbern, 731 F.2d 744, 748 (11th Cir.1984).

2. Confession and Consent to Search

Edmondson urges that his confession given at the FBI office and his consent to search the apartment were not acts of free will and thus were not purged of the taint remaining from the illegal arrest. “The question to be resolved when it is claimed that evidence subsequently obtained is ‘tainted’ or is ‘fruit’ of a prior illegality is whether the challenged evidence was ‘come at by the exploitation of [the initial] illegality or instead by means sufficiently distinguishable to be purged of the primary taint.’ ” Segura v. United States, 468 U.S. 796, —, 104 S.Ct. 3380, 3386, 82 L.Ed.2d 599, 608 (1984) (quoting in part Wong Sun v. United States, 371 U.S. 471, 487-88, 83 S.Ct. 407, 417, 9 L.Ed.2d 441, 455 (1963)). “The question whether a confession is the product of a free will under Wong Sun must be answered on the facts of each case.” Brown v. Illinois, 422 U.S. 590, 603, 95 S.Ct. 2254, 2261, 45 L.Ed.2d 416, 427 (1975). Several relevant factors to be considered in determining whether the confession and consent were attenuated from the illegal arrest are: (1) the temporal proximity of the arrest and confession; (2) the presence of intervening circumstances; and (3) the purpose and flagrancy of the officers’ misconduct. Brown v. Illinois, 422 U.S. at 603-04, 95 S.Ct. at 2261-62, 45 L.Ed.2d at 427. We agree with the district court that Edmondson’s confession, which began approximately forty-five[*1516] minutes after his arrest, away from the scene of the arrest, made after twice being advised of his Miranda rights, and initiated by him was sufficiently attenuated. See Brown, 422 U.S. at 603-04, 95 S.Ct. at 2261-62, 45 L.Ed.2d at 427 (Miranda warnings are an important factor in determining whether a confession is obtained by exploitation of an illegal arrest).

Edmondson also contends that the district court erred in drawing support from a recent Eleventh Circuit decision which found a confession sufficiently an act of free will to purge any taint resulting from the arrest because his situation was distinguishable. Milian-Rodriguez, 759 F.2d 1558 (11th Cir.1985). In Milian-Rodriguez, the defendant was arrested at his home, without a warrant, at 3 o’clock in the morning. The court found that the arrest came within the exigent circumstances exception, although it alternatively stated that even if the arrest had been illegal, the subsequent confession was still admissible. “Not only did a full hour elapse between the arrest and the time at which his statements were made but law enforcement officers had removed [the defendant] from the scene of the arrest, and had administered the Miranda warnings on two separate occasions before the interview ... began.” 759 F.2d at 1565. The court noted that the defendant’s inculpatory statements resulted not from the circumstances of his arrest, but from his belief that cooperation would be in his best interest.

Milian-Rodriguez lends support to a finding that Edmondson’s confession and consent to search his apartment should not have been suppressed. The first two Brown factors in this case are nearly identical to those in Milian-Rodriguez. As to the third factor, we agree with the district court that the officers did not act in intentional, flagrant disregard of appellant’s rights. In view of the circumstances as a whole, we agree with the district court that Edmondson’s confession and consent to search his apartment were prompted not by any misconduct of the officers, but by appellant’s own guilty conscience and desire to be caught, and were thus sufficiently purged of the taint of the illegal arrest.

Accordingly, the judgments are affirmed.

AFFIRMED.