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Three separate warrantless searches of defendant’s residences survive Fourth Amendment challenges

The defendant in U.S. v. Yeary was convicted of the federal crimes of conspiracy to possess controlled substances with intent to distribute and with possessing multiple firearms. This appeal centers around the district court’s denial of his motion to suppress evidence under the Fourth Amendment, which was seized by police in three warrantless searches of his residences on three different occasions. In the first search law enforcement officers came to a condominium he shared with his girlfriend with a warrant for his arrest. When the girlfriend opened the door, the agents saw the defendant behind the girlfriend and noticed a black handgun on a table next to the defendant. The defendant was arrested and removed from the house. When asked if others were in the house, the girlfriend said there were two other people so the officers did a protective sweep of the house where they discovered drugs and firearms in plain view. The court of appeals upheld the search on the grounds that the search was a valid protective sweep based on the girlfriend’s statements that other individuals may be in the house because they had a reasonable basis to conduct a limited protective sweep. During that sweep deputies discovered contraband in plain view and on this basis the search was valid.

The second search took place while the defendant was on bond under house arrest pending trial on felony charges in Palm Beach county circuit court. A condition of his house arrest was that his residence could be searched at any time without prior notice and without warrant. When law enforcement received an anonymous tip that he was still selling drugs out of his residence, officers went to his residence and conducted a search leading to the discovery of drugs and a firearm. The court upheld the search of these from on the grounds that he agreed to a warrantless search of his residence as a condition of his house arrest bond. The constitutionality of the search depends on the validity of the defendant’s consent. Under the totality of the circumstances the evidence is clear that defendant knowingly consented to the search of his house and agreed to the condition that he would allow his house to be searched 24 hours a day. He acknowledged this condition prior to signing a waiver of any objections to a warrantless search. The court found his consent was no different than any other voluntary consent search.

The third search took place after a warrant was issued for his arrest for the Federal indictment. Law enforcement agents went to the defendant’s residence where they found his girlfriend. She gave them permission to enter the house and inside the residence the officers found drugs and more weapons. The court upheld the search on the grounds of the voluntary consent given by the girlfriend. The evidence showed that law enforcement officers believed that the girlfriend had authority to give the consent to search and reason to believe her consent was given freely and voluntarily.

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