United States v. Kenneth D. Gooch

The United States appeals the district court’s judgment of acquittal and the subsequent order of dismissal with prejudice of defendant Kenneth D. Gooch’s conviction for *676 being a felon in possession of a firearm. The government contends that a warrantless arrest of Gooch and a warrantless search of Gooch’s tent did not violate the Fourth Amendment. We affirm.

I

At about 3:50 a.m., a woman called the Stevens County Sheriffs office on behalf of Marc Cole, who claimed a man had shot at him at the state campground. Two officers responded. As they neared the campsite, they observed a vehicle leaving the campsite. The occupants told the officers that Gooch was “hurting people” at the campground and that shots had been fired. Closer to the campground, the officers encountered Marc Cole. Cole said Gooch had fired a shot in his direction after a fight in which Gooch tried to “stick [Cole’s] head into the fire.” These incidents occurred between midnight and 2:00 a.m.

The officers arrived at the entrance to the campground at approximately 5:00 a.m. and then waited some time for the arrival of another deputy and a reserve officer. It was daylight by this time. Three officers then headed…

dissenting:

The majority has decided that the district court did not err in concluding that the totality of the circumstances did not justify a warrantless entry and search of Gooch’s tent based upon exigent circumstances requiring immediate action to protect the officers from harm. I cannot join in their opinion because the district court erroneously found that the officers were told prior to the entry that Gooch was asleep. The majority, while conceding that this finding was clearly erroneous, has failed to discuss the impact of this error regarding an essential fact on the district court’s conclusion that there were no exigent circumstances. Without a remand, this court cannot determine whether, when informed of its error, the district court would reverse its determination that there were no exigent circumstances, especially in light of the fact that it stated that the issue of exigent circumstances created a “difficult question” for the court.

I.

To appreciate the gravity of the district court’s factual error, it is necessary to consider the totality of circumstances known to the officers. At approximately 4:00 a.m. on July 29, 1990, Stevens County Sheriffs Deputies Ted…

6 F.3d 673 62 USLW 2295 UNITED STATES of America, Plaintiff-Appellant, v. Kenneth D. GOOCH, Defendant-Appellee. No. 92-35428. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 4, 1993. Decided Oct. 6, 1993. Timothy J. Ohms, Asst. U.S. Atty., Spokane, WA, for plaintiff-appellant. Daniel J. Keane and Brian L. Meck, Keane & Rasmussen, Spokane, WA, for defendant-appellee. Appeal from the United States District Court for the Eastern District of Washington. Before: WRIGHT, ALARCON, and BEEZER, Circuit Judges. BEEZER, Circuit Judge: 1 The United States appeals the district court's judgment of acquittal and the subsequent order of dismissal with prejudice of defendant Kenneth D. Gooch's conviction for being a felon in possession of a firearm. The government contends that a warrantless arrest of Gooch and a warrantless search of Gooch's tent did not violate the Fourth Amendment. We affirm. 2 * At about 3:50 a.m., a woman called the Stevens County Sheriff's office on behalf of Marc Cole, who claimed a man had shot at him at the state campground. Two officers responded. As they neared the campsite, they observed a vehicle leaving the campsite. The occupants told the…