Watson v. Pearson

Officers, attempting to serve a civil levy on Watson, knocked on the door of Watson’s presumed residence until Watson came outside. Watson said that the house belonged to his girlfriend, who was inside, and that he did not live there. Watson actually rented the house with his girlfriend. Watson said that he did not have keys and could not get back inside. The officers asked Watson whether he had anything against which they could levy then told Watson that he was free to leave. After Watson left, the officers walked around the house's exterior to “look for items that could possibly be levied.” They smelled marijuana coming from the crawl-space vent; they claim that they saw partially smoked marijuana joints outside. The “joints” were never tested. The officers obtained a search warrant for the residence later that day based on that evidence, previous complaints about activity at the residence, Watson’s criminal record, and a confidential informant's tip. Inside, they located a large amount of marijuana and evidence indicative of its sale and use. Tennessee courts suppressed the evidence. In Watson's suit under 42 U.S.C. 1983, the court agreed that Watson’s Fourth Amendment rights had been violated, but held that the officers were entitled to qualified immunity. The Sixth Circuit reversed. Under clearly established law, Watson did not disclaim his privacy interest in the residence, and the property was not abandoned; the officers exceeded the scope of their implied license to enter and remain on the curtilage. View "Watson v. Pearson" on Justia Law