US v. Tommy Young, Sr.

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 2:09-cr-00223-1 Copies to all parties and the district court/agency. [998842999].. [11-4379, 11-4380]

Appeal: 11-4379

Document: 39

Date Filed: 04/30/2012

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 11-4379

UNITED STATES OF AMERICA,
Plaintiff – Appellee,
v.
TOMMY EDWARD YOUNG, SR.,
Defendant – Appellant.

No. 11-4380

UNITED STATES OF AMERICA,
Plaintiff – Appellee,
v.
TOMMY EDWARD YOUNG, JR.,
Defendant – Appellant.

Appeals from the United States District Court for the Southern
District of West Virginia, at Charleston.
Thomas E. Johnston,
District Judge. (2:09-cr-00223-1; 2:09-cr-00223-2)

Argued:

March 20, 2012

Before MOTZ and
Circuit Judge.

SHEDD,

Decided:

Circuit

Judges,

Affirmed by unpublished per curiam opinion.

and

April 30, 2012

HAMILTON,

Senior

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ARGUED: Matthew A. Victor, VICTOR VICTOR & HELGOE LLP,
Charleston,
West
Virginia;
Jane
Moran,
Williamson,
West
Virginia, for Appellants.
Susan M. Robinson, OFFICE OF THE
UNITED STATES ATTORNEY, Charleston, West Virginia, for Appellee.
ON BRIEF: R. Booth Goodwin II, United States Attorney,
Charleston, West Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

2

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PER CURIAM:
A jury convicted Tommy Edward Young, Sr. and Tommy
Edward Young, Jr. (the “Youngs”) of conspiracy to transport and
sell stolen property and vehicles, in violation of 18 U.S.C. §
371,

as

thefts.

well

as

substantive

counts

arising

out

of

specific

The district court sentenced Young, Sr. to 132 months

imprisonment and Young, Jr. to 58 months imprisonment.

In this

consolidated

things,

that

the

appeal,

district

the

Youngs

court

erred

contend,
in

among

denying

other

their

motion

to

suppress evidence obtained pursuant to two searches of their
property.

For the reasons below, we affirm. 1
During the course of an investigation into the Youngs

regarding

stolen

property,

the

Clay

County

Sheriff’s

performed two searches of the Youngs’ property.

Office

Upon receiving

a tip from the Youngs’ neighbor, the Sheriff’s Office performed
the first search on March 10, 2006.

After aerial surveillance

confirmed the presence of a mini-excavator, the Sheriff’s Office
recovered

the

excavator

near

the

Youngs’

property

line.

However, no one could confirm whether the excavator was actually
located on the Youngs’ property. 2
1

The Youngs raise six other issues, none of which has

merit.
2

The Youngs do not challenge the constitutionality of the
aerial surveillance.

3

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The second search occurred two weeks later when the
Sheriff’s Office responded to a tip regarding potential stolen
property located approximately one-quarter mile from the Youngs’
residence.

When driving along a road that was used by people in

addition to the Youngs to investigate the tip, an officer drove
past

the

Youngs'

property

and

observed

four

other

trailers sitting along the side of the road.

equipment

Based upon this

observation and the fact that two trailers had recently been
reported stolen, the Sheriff’s Office obtained a search warrant.
When officers later executed the warrant, they

seized several

items,

of

including

four

trailers,

at

least

one

which

they

conclusively identified as having been stolen.
As
claim

that

rights.

they
the

The

did

two

before

the

searches

Fourth

district

violated

Amendment

court,

their

protects

Fourth

the

Youngs

Amendment

individuals

from

unreasonable searches and seizures when they have a reasonable
expectation

of

privacy.

Although

the

Fourth

Amendment

recognizes that an individual has a reasonable expectation of
privacy in his home and its curtilage, the “special protection
accorded by the Fourth Amendment to the people in their persons,
houses,

papers,

fields.”

Oliver

(1984)(internal
Therefore,

and

“an

effects,
v.

is

United

citations
individual

States,

and
has

not

no
4

extended
466

to

U.S.

the

open

170,

176

citation

marks

omitted).

legitimate

expectation

that

Appeal: 11-4379

open

Document: 39

fields

Date Filed: 04/30/2012

will

remain

government officers.”

free

Page: 5 of 6

from

warrantless

intrusion

by

Id. at 181.

After considering the requisite factors, the district
court found that the first search occurred in open fields and
not within the curtilage of the Youngs’ home.
search,

the

court

found

that

the

officers

As to the second
executed

a

valid

search warrant.

In the alternative, the court concluded that

the

doctrine

open

fields

also

justified

the

second

search.

Therefore, the court held that the searches did not violate the
Youngs’ Fourth Amendment rights and, consequently, denied the
Youngs’ motions to suppress evidence obtained pursuant to the
searches.
Courts consider four factors when deciding whether a
search occurred within the curtilage or open fields:
proximity

of

the

area

enclosure

connecting

to

the

the

home,

property

to

(2)
the

the

(1) the

presence

home,

(3)

of

how

an
the

property is used, and (4) steps taken to prevent observation of
the area by passers-by.

See United States v. Vankesteren, 553

F.3d 286, 289 (4th Cir. 2009) (citing United States v. Dunn, 480
U.S. 294, 301 (1987)).
Applying these four factors, we find that the miniexcavator
fields.
the

recovered

in

the

first

search

was

located

in

open

The Sheriff’s Office found it at least 500 feet from

Youngs’

residence;

indeed,
5

the

Youngs

could

not

even

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identify if the mini-excavator was actually located on their
property.

Additionally, the Youngs took no steps to prevent

observation of the area.
As to the second search, we find that the affidavit
supporting

the

individualized
cause.

search

warrant

information

to

contained

support

a

finding

sufficient,
of

probable

Furthermore, the second search was also justified by the

open fields doctrine because the land on which the recovered
equipment

trailers

curtilage.

were

found

was

not

within

the

Youngs’

The land was not immediately next to the Youngs’

residence, there was no enclosure connecting the land to the
residence,

and

observation

the

Youngs

of

the

land

had
or

taken

the

no

trailers

steps

to

sitting

prevent
on

it.

Therefore, we find no reversible error in the district court's
disposition of this issue.

Accordingly, we affirm the denial of

the two motions to suppress.
For the foregoing reasons, we affirm the judgment and
sentences imposed by the district court.

AFFIRMED

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