United States v. Dustin Schirf

MEMORANDUM **

The United States appeals the district court’s order suppressing evidence obtained during a warrantless search of Dustin Schirfs home. We affirm.

The district court correctly determined that the emergency aid exception did not excuse the troopers’ warrantless entry into Schirfs home. See Brigham City v. Stuart, 547 U.S. 398, 403 , 126 S.Ct. 1943 , 164 L.Ed.2d 650 (2006), A warrantless entry is justified under the emergency aid exception when, based on the totality of the circumstances: (1) the officers had an objectively reasonable basis for believing that there “was an immediate need to protect others or themselves from serious harm,” and (2) the manner and scope of the search were reasonable. United States v. Snipe, 515 F.3d 947, 952 (9th Cir. 2008).

Here, it was objectively unreasonable for the troopers to believe that entry into Schirfs trailer was necessary to protect themselves or others from imminent harm. Upon arriving at the scene,' officers saw no signs of a disturbance: no angry voices, no broken glass, no blood, no door ajar, and nobody visibly hurt or -upset. Compare id. at 949 ; United States v. Martinez, 406 F.3d 1160, 1162-63 (9th Cir. 2005);…

dissenting:

I would find that the officers did have a reasonable basis for the warrantless entry into Schirfs trailer, and would reverse the decision of the district court. The officers received a report of gunshots fired from a high-powered rifle, and a woman screaming “Stop, help, stop, stop.” Schirfs trailer was the only residence in the area fitting the 911 caller’s description of the location of the gunshots. When the officers made contact with the residents of the trailer, Melody Miller, the woman who answered the door, admitted that she was the person who had screamed, but then insisted, bi *188 zarrely, that it was in fact a goat on the property who had screamed for help. The officers were not required to take Miller at her word that everyone in the house was fine in light of the other circumstances, i.e., a report of gunshots and screams for help coming from the residence, and Miller’s strange response to the officers’ questions.

Moreover, one of the individuals the officers pulled out of the house was indeed armed with a handgun, and attempted to conceal this from the officers: Schirf. The fact that Schirf was armed, and had initially attempted to conceal this fact,…

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FILED

FOR THE NINTH CIRCUIT

JUN 21 2016

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

UNITED STATES OF AMERICA, No. 15-30284

Plaintiff - Appellant, D.C. No. 3:15-cr-00012-RRB-

KFM-

v.

DUSTIN MICHAEL SCHIRF, MEMORANDUM*

Defendant - Appellee.

Appeal from the United States District Court for the District of Alaska Ralph R. Beistline, Senior District Judge, Presiding

Argued and Submitted June 6, 2016 Seattle, Washington

Before: PAEZ and BYBEE, Circuit Judges and TIGAR,** District Judge.

The United States appeals the district court’s order suppressing evidence

obtained during a warrantless search of Dustin Schirf’s home. We affirm.

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The Honorable Jon S. Tigar, District Judge for the U.S. District Court for the Northern District of California, sitting by designation. The district court correctly determined that the emergency aid exception did

not excuse the troopers’ warrantless entry into Schirf’s home. See Brigham City v.

Stuart, 547 U.S.…