United States v. Richard Roy Biggs, 70 F.3d 913 (6th Cir. 1995). · Go Syfert
United States v. Richard Roy Biggs, 70 F.3d 913 (6th Cir. 1995). Cases Citing This Book View Copy Cite
57 citation events (51 in the last 25 years) across 14 distinct courts.
Strongest positive: United States v. Montel Westley (ca6, 2023-08-22)
Treatment trajectory · 1995 → 2026 · click a year to view as-of
1995 2010 2026
Top citers, strongest first. 30 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) United States v. Montel Westley
6th Cir. · 2023 · quote attribution · 1 verbatim quote · confidence high
the officers did not act unreasonably in accompanying a shoeless, shirtless man about to be transported to jail back to his motel room. . . . the defendant had clothes and other personal items to be retrieved. . . . the law does not require officers to leave common sense at the d…
discussed Cited as authority (rule) United States v. Kevin Tidwell
6th Cir. · 2026 · confidence medium
We have approved protective sweeps where “the officers had strong circumstantial evidence that potentially dangerous criminal accomplices might be present.” Id.; see also Wilson v. Morgan, 477 F.3d 326, 339 (6th Cir. 2007); United States v. Biggs, 70 F.3d 913, 916 (6th Cir. 1995).
discussed Cited as authority (rule) State v. Woods
Ohio Ct. App. · 2026 · confidence medium
“In order for officers to undertake a protective sweep of an area ‘they must articulate facts that would warrant a reasonably prudent officer to believe that the area to be swept harbored an individual posing a danger to those on the scene.”’ Id. at ¶ 189, quoting United States v. Biggs, 70 F.3d 913, 915 (6th Cir. 1995).
discussed Cited as authority (rule) Scott Edward Bitter v. Commonwealth of Kentucky
Ky. · 2024 · confidence medium
In United States v. Biggs, the United States Court of Appeals for the Sixth Circuit approved a sweep based on several factors, including (1) the police had received information that another person would be meeting the defendant at his motel room, and (2) the defendant had previously been arrested on multiple occasions in the presence of someone with a firearm. 70 F.3d 913, 916 (6th Cir.1995); see also [United States v. Atchley, 474 F.3d 840, 844, 849-850 (6th Cir. 2007)].
discussed Cited as authority (rule) State v. Washington
Ohio Ct. App. · 2023 · confidence medium
Ashtabula No. 2016-A-0029, 2017-Ohio-1102, ¶ 31 , citing State v. Adams, 144 Ohio St.3d 429 , 2015-Ohio-3954 , ¶ 188, quoting United States v. Biggs, 70 F.3d 913, 915 (6th Cir.1995). {¶59} When Officers arrived at the apartment to execute the arrest warrant, the front door of the apartment was barricaded from the inside.
discussed Cited as authority (rule) State v. Boyd
Ohio Ct. App. · 2023 · confidence medium
Nevertheless, “[i]n order for officers to undertake a protective sweep of an area, ‘they must articulate facts that would warrant a reasonably prudent officer to believe that the area to be swept harbored an individual posing a danger to those on the scene.’ ” State v. Adams, 144 Ohio St.3d 429 , 2015-Ohio-3954 , 45 N.E.3d 127, ¶ 189 , quoting United States v. Biggs, 70 F.3d 913, 915 (6th Cir.1995).
discussed Cited as authority (rule) State v. David
Ohio Ct. App. · 2017 · confidence medium
After loudly announcing their presence and demanding anyone present to “come out now,” they conducted a protective sweep of the basement and second floor. {¶31} “In order for officers to undertake a protective sweep of an area, ‘they must articulate facts that would warrant a reasonably prudent officer to believe that the area to be swept harbored an individual posing a danger to those on the scene.’” State v. Adams, 144 Ohio St.3d 429 , 2015-Ohio-3954 , ¶188, quoting United States v. Biggs, 9 70 F.3d 913, 915 (6th Cir.1995).
examined Cited as authority (rule) State v. Adams (Slip Opinion) (3×)
Ohio · 2015 · confidence medium
United States v. Cisneros-Gutierrez, 598 F.3d 997 , 1006- 1007 (8th Cir.2010); United States v. Taylor, 248 F.3d 506, 513-514 (6th Cir.2001). {¶ 19} In order for officers to undertake a protective sweep of an area, “they must articulate facts that would warrant a reasonably prudent officer to believe that the area to be swept harbored an individual posing a danger to those on the scene.” United States v. Biggs, 70 F.3d 913, 915 (6th Cir.1995).
discussed Cited as authority (rule) United States v. Keefauver
C.A.A.F. · 2015 · confidence medium
See, e.g., Miller, 430 F.3d at 98 (“At the core of Terry, Long and Buie is the common understanding that the Fourth Amendment's reasonableness requirement is sufficiently flexible to allow officers who have an objectively credible fear of danger to take basic precautions to protect themselves.”); United States v. Garza, 125 F. App’x 927, 931 (10th Cir. 2005) (“The Fourth Amendment allows a protective sweep if police have ‘a reasonable belief based on specific and articulable facts which, taken together with the rational inferences from those facts, reasonably warrant[s] the officer i…
discussed Cited as authority (rule) United States v. Keefauver
C.A.A.F. · 2015 · confidence medium
See, e.g., Miller, 430 F.3d at 98 (“At the core of Terry, Long and Buie is the common understanding that the Fourth Amendment’s reasonableness requirement is sufficiently flexible to allow officers who have an objectively credible fear of danger to take basic precautions to protect themselves.”); United States v. Garza, 125 Fed.Appx. 927, 931 (10th Cir.2005) (“The Fourth Amendment allows a protective sweep if police have ‘a reasonable belief based on specific and articulable facts which, taken together with the rational inferences from those facts, reasonably warrant[s] the officer i…
discussed Cited as authority (rule) United States v. David Crail
6th Cir. · 2014 · confidence medium
Therefore, this case more closely resembles United States v. Biggs, 70 F.3d 913, 916 (6th Cir.1995), where although the defendant was arrested outside, a sweep of a motel room was justified, in part, because another person was expected to be there and the door was ajar, allowing anyone inside to see the arrest in progress.
discussed Cited as authority (rule) Brumley v. Commonwealth
Ky. · 2013 · confidence medium
In United States v. Biggs, the United States Court of Appeals for the Sixth Circuit approved a sweep based on several factors, including (1) the police had received information that another person would be meeting the defendant at his motel room, and (2) the defendant had previously been arrested on multiple occasions in the presence of someone with a firearm. 70 F.3d 913, 916 (6th Cir.1995); see also Atchley, 474 F.3d at 844, 849-50 .
discussed Cited as authority (rule) United States v. Archibald (2×)
6th Cir. · 2009 · confidence medium
The government does cite three different cases for the proposition that, "with respect to the potential existence of assailants other than an arrested defendant, reviewing courts have found that reasonable possibilities that such persons are present and dangerous, as opposed to direct evidence, may justify protective sweeps." See United States v. Biggs, 70 F.3d 913, 916 (6th Cir. 1995) (approving sweep based on several factors, including (1) police had received information that another person would be meeting the defendant at his motel room, and (2) the defendant had previously been arrested o…
discussed Cited as authority (rule) United States v. Derrick Archibald
6th Cir. · 2009 · confidence medium
The government does cite three different cases for the proposition that, “with respect to the potential existence of assailants other than an arrested defendant, reviewing courts have found that reasonable possibilities that such persons are present and dangerous, as opposed to direct evidence, may justify protective sweeps.” See United States v. Biggs, 70 F.3d 913, 916 (6th Cir. 1995) (approving sweep based on several factors, including (1) police had received information that another person would be meeting the defendant at his motel room, and (2) the defendant had previously been arrest…
discussed Cited as authority (rule) Wilson v. Morgan
6th Cir. · 2007 · confidence medium
We concluded that 49 the analytical approach taken by the Supreme Court in Buie and this Circuit in Biggs [United States v. Biggs, 70 F.3d 913, 915-16 (6th Cir.1995),] argues against the adoption of such a bright-line rule. 50 . . . .
discussed Cited as authority (rule) Wilson v. Morgan
6th Cir. · 2007 · confidence medium
We concluded that the analytical approach taken by the Supreme Court in Buie and this Circuit in Biggs [United States v. Biggs, 70 F.3d 913, 915-16 (6th Cir.1995),] argues against the adoption of such a bright-line rule. ....
discussed Cited as authority (rule) State v. Spencer (2×)
Conn. · 2004 · confidence medium
They were unaware of whether he had any accomplices, and their investigation revealed no persons living at that address who may have been armed or involved in the drug trade. 14 Cf. United States v. Wilson, supra, 306 F.3d 239 (arrestee suspected of armed assault had unknown accomplice who also had been armed); United States v. Biggs, 70 F.3d 913, 916 (6th Cir. 1995) (officers had received information that another person would be meeting defendant at motel room and officers knew arrestee had been arrested on two previous occasions in presence of someone possessing firearm), cert. denied, 516 U…
discussed Cited as authority (rule) United States v. Billings
A.C.C.A. · 2003 · confidence medium
See, e.g., United States v. Colbert, 76 F.3d 773, 776-77 (6th Cir.1996); United States v. Biggs, 70 F.3d 913, 916 (6th Cir.1995); United States v. Henry, 48 F.3d 1282, 1284 (D.C.Cir.1995); Kimmons, 965 F.2d at 1004, 1009-10 ; United States v. Oguns, 921 F.2d 442, 446-47 (2d Cir.1990); United States v. Tisdale, 921 F.2d 1095, 1097 (10th Cir.1990).
discussed Cited as authority (rule) United States v. Koubriti
E.D. Mich. · 2002 · confidence medium
Citing Buie , we have said that “[i]n order for officers to undertake a protective sweep of an area they must articulate facts that would warrant a reasonably prudent officer to believe that the area to be swept harbored an individual posing a danger to those on the scene.” See United States v. Biggs, 70 F.3d 913, 915 (6th Cir.1995).
cited Cited as authority (rule) United States v. Fisher
E.D. Mich. · 2001 · confidence medium
Maryland v. Buie, 494 U.S. 325, 334 , 110 S.Ct. 1093 , 108 L.Ed.2d 276 (1990), quoted in United States v. Biggs, 70 F.3d 913, 915 (6th Cir.1995).
discussed Cited as authority (rule) United States v. Joseph Benjamin Taylor III
6th Cir. · 2001 · confidence medium
Citing Buie , we have said that “[i]n order for officers to undertake a protective sweep of an area they must articulate facts that would warrant a reasonably prudent officer to believe that the area to be swept harbored an individual posing a danger to those on the scene.” See United States v. Biggs, 70 F.3d 913, 915 (6th Cir.1995).
cited Cited as authority (rule) United States v. Lorenzo Cortez Colbert
6th Cir. · 1996 · confidence medium
United States v. Biggs, 70 F.3d 913, 915-16 (6th Cir.1995).
discussed Cited "see" State of New Hampshire v. Shawn M. Minson
N.H. · 2020 · signal: see · confidence high
Cir. 1995); see United States v. Biggs, 70 F.3d 913, 916 (6th Cir. 1995) (observing that because the “defendant left the motel room door open[,] . . . anyone present in the room had a clear view of the officers, thereby threatening their safety from an unknown person present in the room”).
cited Cited "see" United States v. Kelvin Lewis
6th Cir. · 2015 · signal: see · confidence high
See United States v. Biggs, 70 F.3d 913, 915 (6th Cir.1995).
discussed Cited "see" United States v. Bart Stover (05-3562) Timothy Hinton (05-3638)
6th Cir. · 2007 · signal: see · confidence high
See United States v. Biggs, 70 F.3d 913, 916 (6th Cir.1995) (upholding a sweep of defendant Biggs’ motel room where police had received information that Biggs was meeting someone at the motel, Biggs had left the motel door open so that anyone inside could see out, and, on two previous occasions, Biggs had been arrested in the presence of persons armed with firearms). - • Defendant Hinton argues, however, that because of the remoteness of the crawl space and the size of the door, the officers nevertheless exceeded their authority to conduct a protective sweep.
discussed Cited "see" United States v. Stover
6th Cir. · 2007 · signal: see · confidence high
See United States v. Biggs, 70 F.3d 913, 916 (6th Cir. 1995) (upholding a sweep of defendant Biggs’ motel room where police had received information that Biggs was meeting someone at the motel, Biggs had left the motel door open so that anyone inside could see out, and, on two previous occasions, Biggs had been arrested in the presence of persons armed with firearms).
discussed Cited "see" United States v. Larry
6th Cir. · 2005 · signal: see · confidence high
See United States v. Biggs, 70 F.3d 913, 916 (6th Cir.1995) (discussing constitutionality of “protective sweep” incident to arrest where officers have reasonable belief of danger posed by other individuals that may pose danger to those on the arrest scene).
discussed Cited "see" Swales v. Township of Ravenna
N.D. Ohio · 1997 · signal: see · confidence high
See United States v. Biggs, 70 F.3d 913, 915 (6th Cir.1995) (“Absent exigent circumstances, police officers may not undertake a warrantless search.”) (emphasis added); see also United States v. Roark, 36 F.3d 14, 17 (6th Cir.1994) (noting that “[t]he burden is on the government to demonstrate that ... exigent circumstances exist ... ”).
discussed Cited "see, e.g." United States v. Ingram
N.D.N.Y. · 2001 · signal: see also · confidence medium
Buie, 494 U.S. at 334 , 110 S.Ct. 1093 ; see also United States v. Biggs, 70 F.3d 913, 916 (6th Cir.1995) (finding a protective sweep of a motel room valid when the suspect was arrested outside the motel room and officers had a reasonable belief, based on knowledge that defendant had previously been arrested with .armed companions, that individuals posing harm to the officers might be in the motel room).
discussed Cited "see, e.g." United States v. Pena
D. Mass. · 1996 · signal: see, e.g. · confidence medium
See, e.g., United States v. Biggs, 70 F.3d 913, 915-16 (6th Cir.1995) (protective sweep of arrestee’s motel room located 20-75 feet from arrest site valid when police knew that person whom arrestee was to have met may have been hidden within), cert. denied, — U.S. -, 116 S.Ct. 971 , 133 L.Ed.2d 891 (1996); United States v. Oguns, 921 F.2d 442, 446-47 (2d Cir.1990) (protective sweep valid when police arrest defendant outside of two family house, door to defendant’s apartment was left open, and there was reasonable suspicion that other persons were inside apartment); United States v. Gerry…
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee,
v.
Richard Roy BIGGS, Defendant-Appellant
94-6316.
Court of Appeals for the Sixth Circuit.
Dec 4, 1995.
70 F.3d 913
1995 U.S. App. LEXIS 33652
1995 WL 707385
David P. Folmar, Office of the U.S. Attorney, Knoxville, TN (argued and briefed), for Plaintiff-Appellee., John C. Cavett, Jr., Cavett & Abbott, Chattanooga, TN (argued and briefed), for Defendent-Appellant.
Merritt, Wellford, Daughtrey.
Cited by 40 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 77%
Citer courts: Massachusetts Supreme Judicial… (1)
Reporter's Syllabus editorial summary, not part of the Court's opinion

David P. Folmar, Office of the U.S. Attorney, Knoxville, TN (argued and briefed), for Plaintiff-Appellee.

John C. Cavett, Jr., Cavett & Abbott, Chattanooga, TN (argued and briefed), for Defendent-Appellant.

Before: MERRITT, Chief Judge; WELLFORD and DAUGHTREY, Circuit Judges.

MERRITT, C.J., delivered the opinion of the court, in which DAUGHTREY, J., joined. WELLFORD, J. (pp. 916-17), delivered a separate dissenting opinion.

MERRITT, Chief Judge.

Lead Opinion

MERRITT, C.J., delivered the opinion of the court, in which DAUGHTREY, J., joined. WELLFORD, J. (pp. 916-17), delivered a separate dissenting opinion.

MERRITT, Chief Judge.

Defendant Richard Biggs appeals from the district court’s order denying his motion to suppress evidence seized pursuant to a so-called “protective sweep” of his motel room undertaken incident to his arrest in the parking lot outside his motel room. The evidence, a gun, was used to convict defendant under 18 U.S.C. § 922(g)(1), as a convicted felon in possession of a firearm, and to increase his sentence under the Armed Career Criminal Act. 18 U.S.C. § 924(e). Defendant argues that the rationale allowing a “protective sweep” incident to an arrest set out in the 1990 Supreme Court case Maryland v. Buie, 494 U.S. 325, 110 S.Ct. 1093, 108 L.Ed.2d 276 (1990), is not present here and that the search of his motel room after his arrest violated his Fourth Amendment right and should result in the suppression of the gun as evidence. For the reasons explained below, we find that the search of defendant’s motel room was reasonable to ensure the safety of the arresting officers and the public and to allow the defendant to retrieve his personal effects. The search, therefore, did not violate defendant’s Fourth Amendment right to be free from unreasonable searches and seizures. Accordingly, we affirm the[*915] District Court’s denial of defendant’s motion to suppress evidence.

The Hamilton County, Tennessee, Sheriffs Department received information that the defendant, who was wanted on a fugitive warrant, was in a local motel room. When the three officers arrived at the motel, defendant’s truck was parked at a left angle outside his motel room. The testimony in the record is in dispute as to how far the truck was from the motel room, but it was between 20 and 75 feet. The officers set up surveillance of defendant’s room, with one officer outside the motel room and the other two officers in the room next door to defendant. The officers had received information that someone was expected to come to the motel room to meet the defendant.

About two hours after the surveillance started, the defendant left his room, barefoot and shirtless, and, leaving the door to the room ajar, went to his truck in the parking lot. The officers arrested defendant at the truck. After the defendant was placed in custody at his truck, two of the officers went inside his motel room through the partially open motel room door. The officers then undertook a “protective sweep” of the room. During the sweep, a gun was found in plain view in an open suitcase located on the end of one of the beds in the room.

At the suppression hearing, the officers testified that they undertook the protective sweep to ensure their safety and the public safety because the officers knew that on two prior arrests of defendant he had been accompanied by someone in possession of a firearm. The district court made a factual finding that the officers were reasonable to rely on their past experiences with Biggs in deciding to search the room.

The Fourth Amendment bars only unreasonable searches and seizures. In determining reasonableness, the court must balance the intrusiveness of the search against the government’s interest in conducting the search under the circumstances. Maryland v. Buie, 494 U.S. at 331, 110 S.Ct. at 1096-97. Absent exigent circumstances, police officers may not undertake a warrant-less search. Id. As stated in Buie

A “protective sweep” is a quick and limited search of premises, incident to an arrest, conducted to protect the safety of police officers and others. It is narrowly confined to a cursory visual inspection of those places in which a person might be hid-ing____ Beyond that, however, we hold that there must be articulable facts which, taken together with the rational inferences from those facts, would warrant a reasonably prudent officer in believing that the area to be swept harbors an individual posing a danger to those on the arrest scene.

Id. at 334, 110 S.Ct. at 1098. In Buie, the search was upheld where several police officers went to the defendant’s home with an arrest warrant and arrested defendant inside his home. While defendant was being arrested, one officer went to the basement to find out if anyone was down there. While in the basement the officer saw, in plain view, a piece of evidence that linked defendant to the crime.

In order for officers to undertake a protective sweep of an area they must articulate facts that would warrant a reasonably prudent officer to believe that the area to be swept harbored an individual posing a danger to those on the scene. Buie, 494 U.S. at 333-34, 110 S.Ct. at 1097-98. Accord United States v. Johnson, 9 F.3d 506, 510 (6th Cir.1993)(protective sweep of house justified where police arrive on scene of breaking and entering), cert. denied, — U.S. -, 114 S.Ct. 2690, 129 L.Ed.2d 821 (1994); United States v. Rigsby, 943 F.2d 631, 637 (6th Cir.1991)(search upheld where totality of the circumstances, including the firing of a gun in the distance, led officers to believe that a zipped tent on the property might pose a threat to their safety), cert. denied, 503 U.S. 908, 112 S.Ct. 1269, 117 L.Ed.2d 496 (1992); see also United States v. Calhoun, 49 F.3d 231, 234 n. 3 (6th Cir.1995); United States v. Akrawi, 920 F.2d 418, 420 (6th Cir.1990)(sweep of upstairs of house incident to arrest downstairs found to be unconstitutional search where officers articulated no reason for searching upstairs); United States v. Hatcher, 680 F.2d 438, 444 (6th Cir.1982).

[*916] In order to find the protective sweep constitutional under Buie, the officers must articulate why it was reasonable for them to undertake a warrantless search of a motel room 20-75 feet from the arrest site once they had the defendant under their control. It is undisputed that Biggs had an expectation of privacy in his hotel room. Stoner v. California, 376 U.S. 483, 84 S.Ct. 889, 11 L.Ed.2d 856 (1964). In this case, the officers based the need for the search on several articulable factors that would lead a reasonably prudent officer to believe that the officers might be in danger from someone in the motel room. First, the officers had received information that another person would be meeting defendant at the motel room. Although the officers never saw anyone enter the room during the surveillance period, they did not know if someone was already in the room when they arrived. Second, defendant left the motel room door open so that anyone present in the room had a clear view of the officers, thereby threatening their safety from an unknown person present in the room. Third, the officers were familiar with defendant and knew that he had been arrested on two previous occasions in the presence of someone in possession of a firearm. In addition to these reasons, the officers did not act unreasonably in accompanying a shoeless, shirtless man about to be transported to jail back to his motel room. The door to the room was standing open. The defendant had clothes and other personal items to be retrieved. It was only natural, as a matter of common sense, for the officers to go with the defendant back into the room to retrieve his possessions. The law does not require officers to leave common sense at the door.

Based on this combination of circumstances, the District Court found that the officers reasonably believed that the law authorized them to enter the room with the defendant. Deference is due the District Court on its factual findings about the nature of the possible danger faced by the officers when they went to arrest Biggs. The factual findings made by the District Court are not clearly erroneous and the legal conclusion proper. Because the officers stated an articu-lable reason to search the room as required by Buie, the decision of the District Court to deny the motion to suppress is affirmed.

Dissent

HARRY W. WELLFORD, Circuit Judge,

dissenting.

I would respectfully dissent with respect to the “protective sweep” of defendant’s motel room wherein a police officer found a weapon. The district court concluded that Maryland v. Buie, 494 U.S. 325, 110 S.Ct. 1093, 108 L.Ed.2d 276 (1990), supported the war-rantless entry of Biggs’ motel room as a “protective” matter, suspecting that perhaps some armed or dangerous companion of Biggs might be in the room. The district court observed during the suppression hearing that a Buie search had to be supported by “reasonable suspicion, articulable facts.” J/A 72 (emphasis added). The judge simply denied the motion on the basis of his feeling that “this is a proper protective sweep under Maryland v. Buie.” J/A 79.

In my view, a more specific showing in this case is necessary to reflect that a protective sweep was necessary without consent. The burden is upon the government to justify the warrantless search, whether or not it is deemed to be a “protective sweep.” United States v. Akrawi, 920 F.2d 418 (6th Cir.1990); United States v. Hatcher, 680 F.2d 438, 444 (6th Cir.1982); United States v. Murrie, 534 F.2d 695, 698 (6th Cir.1976).

Detective Hamby testified that at the scene the location of the pickup truck where Riggs was arrested was “50, 75 feet, somewhere around there” from the motel room in question. J/A 63. Others estimated the distance as less than that. The district court found that “[t]he truck was somewhere between 20 and 75 feet ... from the front door of the motel room.” There were a number of officers at the scene, and there had been surveillance for several hours. No one observed anyone going into or out of the room in which Biggs was staying until he emerged, unarmed and unsuspecting. I find nothing in the record to indicate that the officers accompanied Biggs back to the motel room on the occasion of the alleged protective sweep.[1] [*917] Whether the knowledge of the police that Biggs had in the past been involved with others who possessed weapons was sufficient in this case seems doubtful in light of the absence of evidence that anyone was with Biggs. There is no evidence that the officers attempted any other means of investigating this rather than proceeding into the room without consent or warrant.

Buie and the other cases cited by the majority in support of affirmance for the most part involve sweeps of a house or residence in which the suspect has been apprehended. Searching for weapons or accomplices in a home or residence where officers have a reasonable suspicion of danger is one thing — entering an searching a motel room as much as 75 feet away from the scene of arrest of an unarmed suspect is another.[2]

Accordingly, I DISSENT.

1

The majority says that “the officers did not act unreasonably in accompanying a shoeless, shirt[*917] less man ... back to his motel room." That they may have accompanied him after the search is immaterial.

2

See United States v. Calhoun, 49 F.3d 231 (6th Cir.1995), for a recent case dealing with an unauthorized, illegal "sweep” of an apartment where defendant, attired in a T-shirt and shorts, had been apprehended at the door.