Joseph Watson v. Patrick Pearson
Opinion of the Court
*509Joseph D. Watson filed an action under
I. INTRODUCTION
In December 2013, law-enforcement officers Patrick Pearson and David Mendez attempted to serve a civil levy on Watson at his last-known address. Pearson and Mendez knocked on the front door of Watson's presumed residence for approximately twenty minutes. Another law-enforcement officer, Ron Talbott, arrived during this time.
Watson finally exited the residence. The officers explained that they were serving a civil levy on him. In response, Watson said that the house belonged to his girlfriend, that his girlfriend was still inside, and that he did not live at the house. (A subsequent filing clarified that Watson rented the house with his girlfriend.) Watson also said that he could not get back into the house because he had left his keys inside. The officers then asked Watson whether he had anything of value on him against which they could levy. Watson produced change from his pocket. At that point, the officers told Watson that he was free to leave.
After Watson left, the officers continued to knock on the front door and turned the knob to see if the door was locked. It was. They then walked around the exterior of the house to, as they described it, "look for items that could possibly be levied." While walking around the side of the house, the officers smelled marijuana coming from the crawl-space vent. In addition, the officers claim that they saw partially smoked marijuana joints outside. Watson contends that what the officers actually saw were hand-rolled cigarettes. These "joints" were never tested to determine whether they did, in fact, contain marijuana.
The officers obtained a search warrant for the residence later that day based on the smell of marijuana, the apparent presence of partially smoked marijuana joints, previous complaints about suspicious activity at the residence, Watson's criminal record, and a tip from a confidential informant. Upon executing the warrant, the officers located a large amount of marijuana inside the residence along with other *510evidence indicative of the sale and use of marijuana.
The state of Tennessee subsequently instituted criminal proceedings against Watson. Watson moved to suppress the evidence derived from the officers' search of the residence, claiming that they had violated his Fourth Amendment rights. The state trial court granted the motion and the Tennessee Court of Criminal Appeals affirmed. State v. Watson , No. E2016-00105-CCA-R3-CD,
Watson contemporaneously brought his own action under
Watson does not contest the district court's grant of summary judgment in favor of the 5th Judicial Task Force, and he does not make any argument on appeal as to Blount County or the Blount County Sheriff's Office. See Buziashvili v. Inman ,
II. ANALYSIS
A. Standard of review
"We review the district court's grant of summary judgment on qualified immunity grounds de novo." Burgess v. Fischer ,
B. Qualified immunity
The doctrine of qualified immunity protects government officials "from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known." Harlow v. Fitzgerald ,
1. The officers violated Watson's Fourth Amendment rights.
In evaluating the first prong of the qualified-immunity analysis, we must determine *511whether the officers violated Watson's Fourth Amendment rights. See Greer v. City of Highland Park ,
"[T]he Fourth Amendment provides a potent shield against warrantless searches and seizures within the curtilage of a person's home." Jacob v. Twp. of W. Bloomfield ,
In addition, the officers do not cite any cases that extend the abandonment exception to inhabited residences. Abel and its progeny have confined this exception to vacated hotel rooms, apartments after an eviction, and movable property. See, e.g. , Abel ,
The abandonment exception, moreover, has never been applied to residences that have been left unattended for only a short period of time. Accordingly, we agree with the district court's conclusion that the officers violated Watson's constitutional rights by searching the curtilage of the home without a warrant.
2. Watson's rights were clearly established when the search occurred.
This brings us to the second prong of the qualified-immunity analysis-whether Watson's rights were clearly established at the time of the constitutional violation. See Greer ,
a. Under clearly established law, Watson did not disclaim his privacy interest in the residence, and the property was not abandoned.
The officers argue that they could have reasonably believed that Watson had disclaimed his privacy interest in the residence, thus allowing them to treat the property as abandoned. To support this argument, they cite cases where individuals disclaimed privacy interests in abandoned hotel rooms, bags, or moveable property. See, e.g. , Abel ,
b. Under clearly established law, the officers exceeded the scope of their implied license to enter and remain on the curtilage.
The officers also contend that their warrantless intrusion into the curtilage was not prohibited by clearly established law when the search occurred in December 2013. They claim that a reasonable officer could have believed that the "knock and talk" exception, as discussed in Hardesty v. Hamburg Township ,
The Fourth Amendment protects the curtilage of the house, Oliver v. United States ,
In September 2006, this court concluded that the "knock and talk" exception permitted officers to proceed around a house and knock on the back door if they have reason to believe that an individual is inside the house and no one answered the front door. Hardesty ,
The officers argue, however, that Jardines was not understood in 2013 to have clearly superseded Hardesty and Turk . They claim that the scope of the "knock and talk" exception was not clearly established until the Sixth Circuit decided Morgan in September 2018. The officers rely on Brennan v. Dawson ,
We are not persuaded. First, Jardines clearly rejected the kind of intrusion into the curtilage that Hardesty had permitted. A plain reading of Jardines does not allow an officer to intrude into the curtilage by walking around the house. See Jardines ,
Moreover, even if Jardines was not understood in 2013 to have overturned Hardesty and Turk , those cases do not permit an officer to enter the curtilage to engage in a search . Hardesty and Turk at most held that the scope of the "knock and talk" investigative technique permitted officers to walk to the backyard of a residence in an effort to communicate with individuals thought to be inside. Those cases did not permit officers to enter the curtilage with the intent of performing a search.
In the present case, the officers were not trying to contact anyone inside the residence when they entered the curtilage. According to the officers' own affidavits, they "walked around the exterior of the property to look for items that could possibly be levied." We acknowledge the officers' current argument that they "presumably" could have been seeking to contact Watson's girlfriend so that she could "assist[ ] them in identifying items that belonged to [Watson]." But this version of the facts is directly contradicted by their affidavits and seriously undermines their abandonment argument. The "knock and talk" exception discussed in Hardesty and Turk therefore could not have been extended to permit the officers' purposeful search of the curtilage.
In sum, the officers are not entitled to qualified immunity because they violated Watson's constitutional rights and because those rights were clearly established when the incident occurred. The district court accordingly erred by granting summary judgment in favor of the officers based on qualified immunity.
III. CONCLUSION
For all the reasons set forth above, we REVERSE the district court's grant of summary judgment and REMAND the case for further proceedings consistent with this opinion.
DISSENT
Dissenting Opinion
I see nothing in the relevant facts or law that would have made obvious to the officers *514that Watson had a privacy interest in the house. Watson had just told the officers that he neither owned nor lived there. The majority asserts that "[a]t the very least, Watson communicated that he was an overnight guest or social guest[.]" Maj. Op. at 511. But neither of those things were true once Watson left the scene. Nor does Watson identify any case that would have made clear to the officers that Watson retained some privacy interest in the property based on his vague reference to "his keys inside." I therefore respectfully dissent.
Reference
- Full Case Name
- Joseph D. WATSON, Plaintiff-Appellant, v. Patrick PEARSON, Et Al., Defendants, David Mendez and Ron Talbott, in Their Official and Individual Capacities; Blount County Sheriff's Office; Blount County, Tennessee, Defendants-Appellees.
- Cited By
- 18 cases
- Status
- Published