9th Circuit: POLICE CAN'T REQUIRE DOOR TO REMAIN OPEN

Organized Crime Digest, Nov 20, 2004

Police without a warrant violate the 4th amendment by requiring a suspect to keep his door open for a visual observance, the 9th Circuit Court of Appeals held.

A three-judge panel reversed a trial court that found Reno, Ariz., police could legally order the occupant of a hotel room to open his door and to keep it open.

The officers conducted three different unlawful searches of the room by illegally gaining visual access to it, by illegally entering it, and by illegally beginning to search it before they obtained the suspect's signature on the permission to search form.

When the suspect initially denied knowledge of meth or weapons as he stood at the door, the circuit said, "The officers' encounter with [Ronald] Washington should have ended there, but it did not."

Six officers came to the hotel room based on a tip of meth activity, but they did not have a warrant.

The suspect had prior convictions for unlawful use of a controlled substance, carrying a concealed weapon, obstructing police officers, giving false information to a police officer, and failing to register with the Reno Police Department.

The warrantless investigation began with a "knock and talk." Responding to the knock, Washington opened his door, exited his room, entered the hall and closed the door behind him. He agreed to a pat-down search, but no weapon was found.

Despite the negative results of the research and the suspect's response to preliminary questions, the circuit court said, the officers continued to press Washington, observing his room when he reopened the door and eventually entering the room.

Taking into account, all of the circumstances, the appeals court concluded that Washington was seized. Washington's detention violated the 4th Amendment because it was not sufficiently brief and was more intrusive than necessary.

Inf.: U.S. v. Washington, 02-10526, 9th Circ., Nov. 2. The circuit consists of Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon and Washington.