Police Enter Curtilage, Peek into Window, Point a Firearm at Homeowner to "Simply Interview" Him

On March 8, 2008, Fuentes reported a domestic disturbance at his residence. The officers searched the residence and found a Nagant bolt-action rifle, ammunition, methamphetamine, a glass pipe with methamphetamine residue, and a metal pipe with marijuana residue. The officers believed the Nagant rifle was the same one that a third party had previously reported stolen. The officers arrested Fuentes, and later released him. On April 21, 2008, Warm Springs Police Department detectives Sam Williams, John Webb, and Casey Lockey drove to Fuentes' residence to interview him about the Nagant rifle. The detectives did not suspect Fuentes of stealing the gun. Instead, they believed the father of Fuentes' girlfriend had stolen it. At the evidentiary hearing, the detectives testified that the purpose of the visit was to “simply interview” Fuentes about the stolen rifle. Detective Williams walked up the front steps and stood on the porch slightly to the left of the front door. Detective Webb stood on the gravel parking area to the left of the front porch, and Detective Lockey stood to the right of the porch. The detectives did not announce their presence as police officers, and none of them were in uniform. Detective Williams knocked on the front door, waited a few moments, and then knocked again. There was no response. After the second knock, however, Detective Webb heard “someone moving inside,” just to the left of the front door. Tr. 30, 179, 214. Detective Webb then walked several feet from his initial position, across the grass strip separating the residence from the gravel parking area, and up to the large front window to look inside. Fuentes, who had been sitting on his couch, got up and looked out of his living room window when he heard the detectives talking about a search warrant. When Fuentes looked out, he saw Detective Lockey peering in. Detective Lockey was startled to see Fuentes “pop up” and immediately drew his duty weapon, pointed it at Fuentes, and ordered him to put his hands in the air and come to the front door. After escorting Fuentes and Sahme around the house to the detective's police vehicle, the detectives conducted a “protective sweep” of the residence. The protections afforded by the Fourth Amendment extend to unreasonable searches of the curtilage of a home, which is the area immediately surrounding the dwelling and harbors “the intimate activity associated with the sanctity of a man's home and the privacies of life.” United States v. Dunn, 480 U.S. 294, 300, 107 S.Ct. 1134, 94 L.Ed.2d 326 (1987) (quotation omitted). The Ninth Circuit has long held, however, that a law enforcement officer may “walk up to the steps and knock at the front door of any” person's home “with the honest intent of asking questions of the occupant....” Davis v. United States, 327 F.2d 301, 303 (9th Cir.1964). The Ninth Circuit has also recognized that officers must sometimes move away from the front door when they are attempting to contact the occupants of a residence. United States v. Garcia, 997 F.2d 1273, 1279 (9th Cir.1993). Where a front door is inaccessible, for example, “there is nothing unlawful or unreasonable about going to the back of the house to look for another door.” United States v. Hammett, 236 F.3d 1054, 1059 (9th Cir.2001) (citing United States v. Daoust, 916 F.2d 757, 758 (1st Cir.1990)). Generally, the subsequent discovery of evidence in plain view does not violate the Fourth Amendment. Garcia, 997 F.2d at 1279. Read more here: United States v. Fuentes, 800 F. Supp. 2d 1144 (D. Or. 2011), https://casetext.com/case/us-v-fuentes/ Anton Vialtsin, Esq. LAWSTACHE™ LAW FIRM | Criminal Defense and Business Law https://lawstache.com (619) 357-6677 Do you want to buy our Lawstache merchandise? Maybe a T-shirt? https://lawstache.com/merch/ Want to mail me something (usually mustache-related)? Send it to 185 West F Street, Suite 100-D, San Diego, CA 92101 Want to learn about our recent victories? https://lawstache.com/results-notable... Are you a Russian speaker? Вы говорите по-русски? https://russiansandiegoattorney.com Based in San Diego, CA Licensed: California, Nevada, and Federal Courts The San Diego-based business litigation and criminal defense attorneys at LAWSTACHE™ LAW FIRM are experienced and dedicated professionals singularly focused on one goal: achieving the best results for our clients. Through our hard work and expertise, we guarantee all of our clients that we will diligently protect their rights and zealously pursue justice. Our clients deserve nothing less!