United States v. Ronald A. Erickson

The government appeals from the district court’s order granting Erickson’s pretrial motion to suppress evidence seized pursuant to a search of his residence. The sole issue on appeal is whether the probable cause and warrant requirement of the Fourth Amendment apply when a police officer pulls back a plastic sheet covering a window and looks inside a basement during a burglary investigation. The district court had jurisdiction pursuant to 18 U.S.C. § 3231 . We have jurisdiction over this timely appeal pursuant to 18 U.S.C. § 3731 . We affirm.

I

On the afternoon of December 13, 1990, Officer Justice of the Tacoma Police Department was dispatched to investigate a suspected burglary at 4012 North Orchard in Tacoma. Upon arrival, he and another officer conducted a perimeter search of the premises. The officers found no signs of forced entry. Officer Justice then spoke with two neighbors who told him they had seen two men dragging a large brown plastic bag which appeared to be full of heavy items across the backyard of 4018 North Orchard, the residence adjacent to 4012 North Orchard. The neighbors reported that the men left the bag to retrieve a car, then picked up the bag and drove…