January 15, 2016
United States of America, Plaintiff - Appellee: Anne E.
Gardner, Cameron C. McCree, Assistant U.S. Attorney,
Assistant U.S. Attorney, U.S. Attorney's Office, Eastern
District of Arkansas, Little Rock, AR.
Sean Pile, Defendant - Appellant, Pro se, Memphis, TN.
Steven Sean Pile, Defendant - Appellant: Chris Tarver,
Assistant Federal Public Defender, Federal Public
Defender's Office, Little Rock, AR.
MURPHY, SMITH, and BENTON, Circuit Judges.
Pile appeals the district court's denial of his motion
to suppress evidence that was obtained pursuant to a search
warrant. We affirm.
February 2013, Pulaski County law enforcement arranged for an
undercover officer to purchase methamphetamine from Pile at
his camper located at Willow Beach State Park campground near
Scott, Arkansas. On the day of the arranged purchase,
Lieutenant Jim Potter and other law enforcement officers set
up surveillance of Pile's camper. A confidential
informant introduced the undercover officer to Pile, but Pile
refused to sell the undercover officer methamphetamine at
that time. Instead, Pile wanted to postpone the meeting with
the undercover officer and the informant.
the failed drug sale, law enforcement decided to arrest Pile
on known outstanding felony warrants. When two officers
approached Pile outside of his camper, he ran. Once Pile was
apprehended, the officers and Pile returned to the campsite,
to an area approximately 15 feet from Pile's camper.
After reading Pile his Miranda rights, Lieutenant
Potter asked him whether there was anyone else at the
campsite. Pile said that his friend was inside the camper.
Lieutenant Potter approached the side door of the camper,
walked up the stairs, opened the door and announced "
Sheriff's Office," and looked through the opening of
the doorway and saw an individual lying on the couch.
Lieutenant Potter then opened the door further and shouted,
" Sheriff's Office, hey." He asked the
individual to exit the camper. As the individual was exiting,
Lieutenant Potter--standing outside--noticed two glass pipes,
commonly used to smoke methamphetamine, on a table inside the
law enforcement sought a warrant based on Lieutenant
Potter's observation of the pipes and Pile's
postponed methamphetamine sale to the undercover officer. Law
enforcement obtained a warrant to search the camper, and
during the execution of the warrant, law enforcement
uncovered the two glass pipes that ...