Michael Ball v. United States
Michael Ball v. United States
Opinion of the Court
Okun, Associate Judge, Superior Court of the District of Columbia:
*22In this case, the police went to an apartment building at approximately 5 a.m. after receiving a radio run for an assault in progress. When the police arrived at the apartment building, they were met by a resident who told the police that he had called 911 because he heard yelling and screaming coming from an apartment on the second floor. The police went to the second floor of the apartment building and heard yelling and screaming coming from an apartment on that floor, which sounded like a distressed female yelling as if she were in pain or struggling. The police knocked on the door and approximately one to three minutes later, a woman who looked panicked and concerned answered the door. The woman opened the door halfway, but did not respond to the police officer's questions about what was happening inside the apartment. The woman then looked back inside the apartment and opened the door, after which the police entered the apartment.
The trial judge found that exigent circumstances justified the police officers' entry into the apartment without a warrant, and denied appellant's motion to suppress the evidence they seized after entering the apartment. Although the issue is a close one, we agree that exigent circumstances justified the warrantless entry into the apartment and the subsequent seizure of evidence. Accordingly, for the reasons set forth more fully below, we affirm.
I.
Viewed in the light most favorable to the trial court's ruling,
Officer Kniseley then knocked several times on the front door of Apartment 4, identified himself as a police officer, and requested that the occupants open the door. After a period of one to three minutes had elapsed, a woman opened the front door halfway. According to Officer Kniseley, this woman was partially dressed and appeared "somewhat panicked and concerned," while Officer Davis testified that the woman was wearing a shirt and looked "more like in a daze." The officers asked the woman what was happening inside the apartment, but the woman did not respond and instead looked back into the apartment and then fully opened the door.
After the woman fully opened the door, the officers observed another woman inside the apartment, who appeared to be in the process of getting dressed. Officer Kniseley testified that he thought "some sort of sexual assault" had been occurring inside the apartment, based on the "yelling and screaming, and what [he] thought was distress," and based on his observations of the two partially dressed women inside the apartment.
After observing these two women and not receiving any responses to their questions, the officers entered the apartment and observed appellant, with his body partially obscured behind a wall.
After recovering the handgun, the police conducted a search of the remainder of the apartment to ensure their safety and the safety of the occupants. During this search, the police recovered one bag of marijuana from the top of a refrigerator, one bag of marijuana from a television stand in the living room, and a grinder with traces of marijuana on top of the couch. Appellant subsequently was charged with unlawful possession of a firearm, *24in violation of
Appellant filed a motion to suppress the evidence seized from his apartment, arguing that the evidence should be suppressed because the police entered his apartment without a warrant and without his consent. The government filed an opposition in which it argued that the police did not need a warrant to enter appellant's apartment because: (1) they were responding to an emergency situation in which they reasonably believed that the occupants in the apartment needed their assistance; and (2) the woman who answered the door had consented to the search. The trial court conducted a hearing on appellant's motion to suppress the evidence seized from his apartment, at which both Officers Kniseley and Davis testified. At the conclusion of the hearing, the trial court denied appellant's motion, stating that she credited the testimony of the officers and finding that exigent circumstances justified the officers' warrantless entry into appellant's apartment and subsequent seizure of evidence.
At appellant's first trial, the jury acquitted appellant of unlawful possession of drug paraphernalia and could not reach a unanimous verdict as to the other charges. The government subsequently dismissed the unlawful possession of marijuana charge prior to appellant's second trial. At the second trial, the jury convicted appellant of all three gun charges, and this appeal followed.
II.
Appellant argues on appeal that the trial court erred in denying his motion to suppress evidence because there were no exigent circumstances justifying a warrantless search, and because appellant did not consent to a search of the apartment. We need not address appellant's consent argument, because we find that exigent circumstances justified the warrantless search. See, e.g., Oliver v. United States ,
The Fourth Amendment of the U.S. Constitution "permits an officer to enter a dwelling without a warrant if the officer has 'an objectively reasonable basis for believing' that entry is necessary 'to render emergency assistance to an injured occupant or to protect an occupant from imminent injury.' " Evans v. United States ,
For the following reasons, the officers in this case had an objectively reasonable basis for believing that they needed to enter appellant's apartment in order to provide emergency assistance to the occupants of that apartment. First, the officers received a call for an assault "in progress"
*26at appellant's apartment building, so there was reason for the officers to believe that they were responding to a situation involving ongoing physical violence. Second, the information in the call was corroborated when the officers arrived at the apartment building and were met by the person who called 911 and told them he had called 911 because he heard yelling and screaming coming from an apartment on the second floor, and the 911 caller's reliability was enhanced by the fact that he did not remain anonymous but met the police at the apartment building. See, e.g., United States v. Jenkins,
The cases cited by appellant do not dictate a different result. Indeed, these cases involved situations where the police did not have an objectively reasonable basis to believe there was an ongoing emergency in the premises they entered without a warrant. For example, in Evans , supra , the police entered an apartment without a warrant even though they had no objectively reasonable basis to believe that anyone in the apartment needed emergency aid, because the two participants in an alleged domestic violence incident both were being interviewed in a parking lot outside the apartment building at the time of entry, and because each person described a physical altercation that only involved the two of them.
Likewise, in Washington v. United States ,
This case stands in stark contrast to the situations the police confronted in Evans and Washington . Unlike Evans , this case did not involve a situation where the participants in an alleged domestic violence dispute were already outside the apartment and being interviewed by the police. Rather, in this case the police heard yelling and screaming coming from the apartment they subsequently entered, including the sounds of a woman yelling as if she were in pain. And unlike Washington , the police in this case were not confronted with a situation where a woman was sitting peacefully on her bed with her three-year-old child when they entered the room and conducted a warrantless search. To the contrary, the woman who answered the door in this case looked panicked and concerned, did not answer the door until one to three minutes after the officers knocked on the door and announced their presence, and did not answer the officer's questions about what was happening inside the apartment. Thus, Evans and Washington present very different circumstances from this case and do not demonstrate that the police acted in an objectively unreasonable manner when they entered appellant's apartment without a warrant.
Appellant also argues that this court and the Supreme Court have upheld warrantless searches under the emergency aid exception only when there were stronger grounds to believe that emergency aid was needed. This argument has some force. Indeed, in Booth , supra , this court upheld a warrantless entry into the front hall of a rooming house where the person who answered the door had dried blood on his face and the person did not respond to the officer's questions about where the blood came from, 455 A.2d at 1356, and in Earle v. United States ,
While each of these cases has indicia of exigent circumstances not present in this case, such as the observation of blood on an occupant or the observation of physical injuries being inflicted inside the dwelling, none of these cases either explicitly or implicitly required the observation of such injuries before the police can enter a dwelling pursuant to the emergency aid exception. To the contrary, such a requirement is inconsistent with the Supreme Court's admonition that "the role of a *28peace officer includes preventing violence and restoring order, not simply rendering first aid to casualties."
Furthermore, numerous courts from other jurisdictions have found exigent circumstances in comparable situations where the police have received a report for yelling or screaming coming from a residence, and have not observed injuries to any of the occupants inside the dwelling prior to entry. See, e.g., Commonwealth v. Davido ,
Appellant and the dissent argue that the police could have and should have obtained a warrant before entering appellant's apartment. However, in making this argument, appellant and the dissent conflate the justifications underlying the emergency aid exception with the rationales underlying the other exigent circumstance exceptions. More specifically, while the police need to reasonably believe that a crime has been committed before they can make a warrantless entry to prevent the imminent destruction of evidence, Brigham City ,
Finally, the dissent argues the fact that police heard women yelling in appellant's apartment did not justify their warrantless entry into the apartment, stating that "[p]eople make noises in their homes, including yelling; sometimes they yell very loudly." Post at 32. But, of course, in evaluating the reasonableness of the police's actions, context is everything-if the police heard the occupants of appellant's apartment yelling in joy on a Sunday afternoon after the Redskins scored a touchdown, they assuredly would not have an objectively reasonable basis to enter the apartment without a warrant. But in this case, where Officer Kniseley heard a woman inside the apartment yelling not in joy, but as if she were in pain or struggling, where he heard this yelling occur at 5 in the morning, after receiving a call for an assault in progress, where an occupant in the building directed the police to the apartment and confirmed that he had called 911 because he heard yelling and screaming coming from the apartment, and where the woman who answered the door looked panicked and concerned-in that context, the reasonableness of the police actions looks quite different.
Ultimately, as this court stated in Oliver , probable cause determinations in the emergency aid context do not emanate "from an antiseptic courtroom [or] a sterile library"; rather, they require a "pragmatic analysis of 'every day life on which reasonable and prudent men [and women], not legal technicians act."
III.
For the reasons set forth above, the judgment of the trial court is affirmed.
So ordered.
See, e.g., Wade v. United States ,
The apartment building is a two story building, with two apartments on the first floor (Apartments 1 and 2) and two apartments on the second floor (Apartments 3 and 4).
The record is not entirely clear as to appellant's location when the officers first observed him. Officer Kniseley testified that appellant was standing in the hallway behind the corner of a wall, and "repeatedly peeking out and retreating back and forth behind that corner," while Officer Davis testified that appellant was standing in the kitchen area "shielded by a wall" and that he could only see appellant's head and his right arm. The record also is not clear whether the officers observed appellant before they entered the apartment. Officer Davis testified that he saw appellant about ten seconds after he entered the apartment, while Officer Kniseley testified that he saw appellant before he entered the apartment, even though he testified that Officer Davis entered the apartment first. The trial court did not address this conflict in the testimony and we need not address this conflict either, and instead will assume, arguendo , that the police did not see appellant until after they entered the apartment.
The trial judge did not address the government's alternative argument that the woman who answered the apartment door had consented to a search of the apartment.
Appellant does not argue that the police could not properly seize his gun once they observed it lying on the floor behind the couch in his living room; appellant only challenges the warrantless entry into his apartment.
Courts have recognized three related doctrines pursuant to which the police have been authorized to enter dwellings without a warrant: the "exigent circumstances" doctrine, the "emergency aid" doctrine, and the "community caretaker" doctrine, and the differences among these doctrines have not always been clear. See, e.g., State v. Deneui ,
In Booth , supra , this court set forth the following test to be applied when the police enter a dwelling under the emergency aid exception: (1) the police must have "probable cause, based on specific, articulable facts, to believe that immediate entry is necessary to assist someone in danger of bodily harm inside the premises"; (2) the entry must be "tailored carefully to achieve that objective"; and (3) the entry must not be "motivated primarily by the intent to arrest or search, but by an intent to investigate a genuine emergency and to render assistance."
The dissent faults the court for using the "fuzzy" objectively reasonable basis standard. We believe this criticism is misplaced for two reasons. First, the objectively reasonable basis standard is the standard adopted by the Supreme Court, and we are not in a position to criticize this formulation, "fuzzy" or otherwise. Second, the dissent also ignores the language used by this court in Oliver , where we explicitly interpreted probable cause in the emergency aid context to mean "reasonable grounds to believe," because that formulation "fits well with a perceived emergency, in contrast with a basis for a prospective arrest, for which 'probable cause' is the traditional language."
The court is constrained to note that the dissent repeatedly mischaracterizes both the scope and effect of the court's opinion, stating that it reduces the Fourth Amendment to a "nullity" Post at 30, and "demand[s] very little information" of the police before they enter a dwelling under the emergency aid exception. Post at 34. With all due respect, the court's opinion neither makes the Fourth Amendment a nullity nor demands that the police possess very little information before entering a dwelling in order to render emergency aid. Rather, the Court's opinion is a narrow one, which notes the closeness of the issue presented and which sets forth in detail the factors supporting the warrantless entry in this case. Contrary to the dissent's protestations, the boundaries of the emergency aid exception have not been drastically redrawn to allow warrantless entries based on "nothing more than speculation and forward momentum." Post at 36.
Dissenting Opinion
On the morning of his arrest, Mr. Ball was in the company of two female friends in what he thought was the privacy of his own home.
Although "[t]he Fourth Amendment protects the individual's privacy in a variety of settings[,] [i]n none is the zone of privacy more clearly defined than when bounded by the unambiguous physical dimensions of an individual's home-a zone that finds its roots in clear and specific constitutional terms." Payton v. New York ,
The sanctity of the home is protected by strict adherence to the warrant requirement. "Crime, even in the privacy of one's own quarters, is, of course, of grave concern to society," but "[t]he right of officers to thrust themselves into a home is also a grave concern, not only to the individual, but to a society which chooses to dwell in reasonable security and freedom from surveillance." Johnson ,
the Fourth Amendment has interposed a magistrate between the citizen and the police .... not ... to shield criminals nor to make the home a safe haven for illegal activities ... [but] so that an objective mind might weigh the need to invade the privacy in order to enforce the law. The right of privacy was deemed too precious to entrust to the discretion of those whose job is the detection of crime and the arrest of criminals. Power is a heady thing, and history shows that the police acting on their own cannot be trusted. And so the Constitution requires a magistrate to pass on the desires of the police before they violate the privacy of the home.
Washington v. United States ,
There are exceptions to the warrant requirement, but these are "few in number and carefully delineated."
*31Welsh v. Wisconsin ,
A critical means of cabining the exception is to hold the government to its burden of proof. Under our case law, the government must show that "the police [had] probable cause, based on specific, articulable facts, to believe that immediate entry [wa]s necessary to assist someone in danger of bodily harm inside the premises." United States v. Booth ,
*32(explaining that in the Fourth Amendment hierarchy, a "hunch or gut feeling" is at the bottom rung, followed by "reasonable articulable suspicion," which is still "substantially less than probable cause"). After all, if police were authorized to enter a home based on less than probable cause to believe that someone inside is in need of aid, the Fourth Amendment's asserted protection for the home would be no meaningful protection at all.
The majority opinion does not hold the government to its burden. To justify the warrantless entry into Mr. Ball's apartment, the majority relies on information that patently does not amount to probable cause (or an objectively reasonable basis, supra note 2) to believe that someone was in need of emergency aid. The sum total of the evidence the majority opinion can muster is testimony that one officer heard a woman's voice unintelligibly yelling "as if she was in pain or struggling"
Unquestionably, the information the police had before the door opened-unintelligible yelling "as if" an inhabitant of the apartment was struggling or in pain-did not give them probable cause to believe that someone was in need of emergency aid, and the majority opinion does not argue otherwise. Ante at 28-29 (relying on the yelling plus later-acquired "context"). People make noises in their homes, including yelling; sometimes they yell very loudly. If this is enough to justify a warrantless entry, then the Fourth Amendment's protections will turn on whether one has the luxury of owning a stand-alone home or whether one resides in an apartment or townhouse with shared walls. But see United States v. Ross ,
*33To be sure, the police were fully justified in knocking on Mr. Ball's door and conducting an inquiry based on the unintelligible yelling. But, between knocking on the door and crossing the threshold of the home, the police did not gain sufficient additional information to give them probable cause to believe that someone was in need of emergency aid. Rather, after the door opened, the police arguably moved further away from probable cause.
Here, in response to police knocking, a woman came to the door.
Even construing these facts as providing some corroboration that something was wrong in the apartment, the government did not have probable cause to believe they needed to enter Mr. Ball's apartment to provide emergency aid. We must also factor in what the police did not see. Ante at ---- (acknowledging that "the totality of the circumstances-the whole picture-must be taken into account"). The police saw nothing to confirm their suspicion that there was an assault in progress. Neither woman visible to the police from the threshold appeared to be "in pain or struggling," bleeding or bruised, crying or upset, or in any apparent physical danger. There was no sign of broken objects, upended furniture, or any evidence of a struggle or physical altercation.
None of this court's prior cases support the majority opinion's broad conception of police authority to enter a home without a warrant based on mere speculation that someone may need emergency aid; instead they make clear that far more is required. The majority opinion resists the constraints of our precedent by attempting to show both that (1) the cases in which this court rejected warrantless entries based on the emergency aid exception, like Evans v. United States ,
It is immaterial that the facts of Evans and Washington do not mirror the facts of this case. The salience of these decisions comes from this court's refusal to endorse surmise and speculation as a basis for warrantless entry under the emergency aid exception. In Evans , the police tried to search an apartment when the only two known occupants, "participants in an alleged domestic violence dispute," were already outside being interviewed by other officers. Ante at 26. But this court found a Fourth Amendment violation because "the police had no specific reason to believe that an unknown third party was in the apartment and in need of emergency aid." Evans ,
In Washington the police actually had more particularized information than they had in this case about the potential danger: they were responding to a report of a woman with a gun and the defendant's sister, having let them into the home, told them she wanted the gun "out of the house."
Washington and Evans do not stand alone in our case law in affirming that the emergency aid exception to the warrant requirement is narrowly interpreted and reserved for situations where the police have probable cause to believe there is a true emergency. Indeed, the majority opinion has no choice but to concede that the argument that our prior cases have demanded "stronger grounds to believe that emergency aid was needed ... has some force." Ante at 27 (discussing Booth ,
In Oliver , the police were investigating the kidnapping of an eighteen-day old infant from a hospital; over the course of a day of investigation, including two visits to the defendant's apartment, they developed information that gave them probable cause to believe that the "helpless and defenseless" newborn boy was there.
Without precedent from this court, the majority opinion tries to find support for its expansive interpretation of the emergency aid exception in the Supreme Court's statement that the "role of a peace officer includes preventing violence and restoring order, not simply rendering first aid to casualties." Ante at 25-26, 27-28 (quoting Michigan v. Fisher ,
By affirming a warrantless home entry in this case based on nothing more than speculation and forward momentum, the majority opinion is redrawing the boundaries of Fourth Amendment protection for the home and diminishing its protection. The majority opinion denies this, asserting that its fact-specific analysis is "narrow." Ante note 7. But given that the facts it cites do not support-either on their own terms or under our case law-a determination that the police had probable cause to believe anyone in Mr. Ball's apartment was in need of emergency aid, I cannot agree. I see no limiting principle to the majority opinion's analysis. Rather, it effectively endorses the use of the emergency aid exception to justify warrantless investigative searches of homes.
The rationale for this retrenchment of Fourth Amendment protections for the home appears to be that the right to privacy must yield to the needs of law enforcement to prevent crime.
The investigation of crime would always be simplified if warrants were unnecessary. But the Fourth Amendment reflects the view of those who wrote the Bill of Rights that the privacy of a person's home and property may not be totally sacrificed in the name of maximum simplicity in enforcement of the criminal law.
Mincey ,
The majority opinion gives too little regard to the "precious" protection the Fourth Amendment affords the home against intrusion by government agents. Washington ,
These undisputed facts are from the trial testimony.
Booth also directs consideration of the subjective intent of the police officer.
Although the subjective intent of the officers has never been an issue in this case, the parties agree that the Supreme Court in Brigham City made clear that courts may not consider the subjective intent of the officer in assessing whether the police made a lawful, warrantless entry to provide emergency aid. As for whether the probable cause standard of Booth is still good law, the government argued for the first time in its brief on appeal that the Supreme Court in Brigham City displaced Booth and indicated a lesser quantum of proof-"an objectively reasonable basis"-was required to authorize a warrantless entry under the emergency aid exception. But when pressed at oral argument about the meaning of this language, the government acknowledged, given that the police in Brigham City had seen a bloody fight in progress through a window and had at least probable cause to believe someone was in need of emergency aid, it was unlikely that the Court had meant to announce a new rule that called our probable cause requirement under Booth into question. The government then pivoted and argued that the police had probable cause to enter Mr. Ball's home.
The majority opinion "assume[s] arguendo that the 'objectively reasonable basis' standard is equivalent to the 'probable cause' standard," ante note 6, but persists in using the former, fuzzy language. The majority asserts it is bound to use this terminology because the Supreme Court has "adopted" it,
Even if "an objectively reasonable basis" were some quantum of information less than probable cause, what the police knew in this case before they crossed Mr. Ball's threshold would not suffice. See, e.g. , Evans v. United States ,
In explaining the police's justification for making a warrantless entry, the majority opinion effectively counts many times over the same reason: the fact that disturbing noise was heard coming from the apartment. Ante at 25-26. But the majority opinion glosses over the fact that there were three different descriptions of this noise credited by the trial court. Only Officer Kniseley provided the description on which the majority opinion rests its analysis. By contrast, his partner, Officer Davis, whose testimony the trial court also credited, only heard what sounded like "commotion"; and both officers testified that the 911 caller said he heard yelling that sounded like a "fight." See Evans ,
Officer Davis only perceived the woman who answered the door to be "in a daze."
This narrative, presented for the first time at the suppression hearing a year-and-a-half after the arrest, is inconsistent with the affidavit in support of Mr. Ball's arrest. Other than noting the fact of a 911 call, it contains no information to support a determination that the police had probable cause to believe they needed to enter Mr. Ball's apartment to provide emergency aid. Instead, the Gerstein indicates that the police entered the apartment on consent.
The majority opinion suggests that it is impermissible "dissection" to examine the totality of what the police knew along a timeline to determine whether the information they possessed ever rose to the level of probable cause so as to justify a warrantless entry to provide emergency aid-or whether their cause for mere suspicion remained static or even dissipated. Ante at 25-26 (citing Oliver ,
Thus this case is distinguishable from three of the four nonbinding decisions from other jurisdictions the majority opinion cites to support its holding in the absence of supporting precedent from the Supreme Court or this court. Ante at 27-28 (citing United States v. Jenkins ,
Cf. Robinson v. United States ,
In the fourth nonbinding case cited by the majority opinion, United States v. Barone , the Second Circuit held long before Payton or Brigham City that the police were authorized to enter an apartment after hearing screams from inside.
Quoting an earlier part of the court's opinion addressing a different exception to the warrant requirement (not the emergency aid exception later discussed), the majority opinion suggests that this court's holding in Washington was narrower-that the court only determined that the police once in defendant's bedroom could not proceed to search the room after they saw the defendant sitting with her son on the bed. Ante at 26-27;
The majority opinion asserts that "[a]ppellant and the dissent argue that the police could have and should have obtained a warrant before entering his apartment" and in so doing "conflate the emergency aid exception with rationales underlying the other exigent circumstance exceptions." Ante at 28. I take no position as to whether the police could have obtained a warrant. My point is that they had no authority to enter Mr. Ball's home without one. And this determination is not based on any "conflation" of exceptions to the warrant requirement; it is premised on the constitutional rule that if the police do not have consent and do not legitimately fall under any exception to the warrant requirement, they cannot enter a home without a warrant. Supra at 30-31.
Reference
- Full Case Name
- Michael C. BALL, Appellant, v. UNITED STATES, Appellee.
- Status
- Published