United States v. Leslie Craig Robertson, and Connie M. Steeprow

833 F.2d 777 56 USLW 2362 UNITED STATES of America, Plaintiff-Appellee, v. Leslie Craig ROBERTSON, and Connie M. Steeprow, Defendants-Appellants. Nos. 86-3068, 86-3074. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 7, 1987. Decided Nov. 30, 1987. Robert J. McCrea, Eugene, Or., for defendant-appellant Robertson. Donald D. Diment, Jr., Eugene, Or., for defendant-appellant Streeprow. Thomas N. Coffin, Eugene, Or., for plaintiff-appellee. Appeal from the United States District Court for the District of Oregon. Before ANDERSON, TANG and NOONAN, Circuit Judges. OPINION IN No. 86-3068. NOONAN, Circuit Judge: 1 Leslie Craig Robertson and Connie M. Steeprow appeal rulings on suppression of evidence. Robertson had stipulated that the evidence was sufficient to show that he had manufactured methamphetamine on a residence located at 855 68th Street, Springfield, Oregon and Steeprow had stipulated that the evidence was sufficient to show she attempted to manufacture methamphetamine at the same address. The stipulations are void if the motions to suppress are reversed on appeal. We affirm the district court as to Robertson, reverse as to Steeprow. 2 * On October 16,…

OPINION IN No. 86-3068.

Leslie Craig Robertson and Connie M. Steeprow appeal rulings on suppression of evidence. Robertson had stipulated that the evidence was sufficient to show that he had manufactured methamphetamine on a residence located at 855 68th Street, Springfield, Oregon and Steeprow had stipulated that the evidence was sufficient to show she attempted to manufacture methamphetamine at the same address. The stipulations are void if the motions to suppress are reversed on appeal. We affirm the district court as to Robertson, reverse as to Steeprow.

I

On October 16, 1985, at about 1:45 P.M., Richard W. Wisenor, an agent of the Drug Enforcement Agency (DEA), in Eugene, Oregon learned from an anonymous telephone call that Lyle Johnson was operating “a crank lab” at 855 68th Street, Springfield, Oregon, where the informant said Johnson lived. Wisenor, a veteran of 14 years with the DEA, knew that “a crank lab” was a manufactory of methamphetamine. His informant told him that she had visited the lab that morning and that it had been in operation with Johnson and two associates present.

Wisenor learned from the Springfield Utilities Board that Johnson was indeed a customer…

dissenting:

No one wants the police using guns to arrest people on a hunch. No one wants the police to search very personal things without a warrant or arrest. No one wants the guilty to go free on technicalities or violation by the police of rules of etiquette. These sometimes conflicting aspirations have constitutional dimensions. The right of the people to be secure “against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, ... and particularly describing the place to be searched, and the persons or things to be seized.” United States Constitution, Amendment I. At the same time the President is under obligation to “faithfully execute” the laws of the United States. United States Constitution, Article II. Both the executive and the judicial branches have the obligation to recognize these constitutional commands. In the instant case, with all respect to my colleagues, I believe that the court has not properly resolved the conflict between the security of the person against the police and appropriate enforcement of the law.

The Detention of Steeprow: When the agents were approaching the house to serve the arrest…