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United States v. Reeves

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Before MURPHY, HOLLOWAY, and TYMKOVICH, Circuit Judges.

Douglas Alan Reeves was arrested, without a warrant, when he answered his motel door at 3:30 am. Reeves answered the door only after officers made phone calls to his room, knocked on his door and window with flashlights, and loudly identified themselves as police officers over the course of at least twenty minutes. Subsequent to his arrest, weapons and ammunition were found in his room and on his person. Reeves entered a conditional guilty plea to one count of Felon in Possession of a Firearm and one count of Felon in Possession of Ammunition. 18 U.S.C. §§ 922(g)(1), 924(a)(2). The plea agreement preserved his right to appeal the district court’s denial of his motion to suppress evidence of the weapons, premised on a violation of the Fourth Amendment. This court has jurisdiction pursuant to 28 U.S.C. § 1291. Because we hold Reeves was seized inside his room without a warrant in violation of Payton v. New York, 445 U.S. 573 (1980), and, because the government has not demonstrated that Reeves’ subsequent consents to search were not tainted by the unlawful seizure, we REVERSE the district court’s denial of Reeves’ motion to suppress.

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