Argued February 20, 2015
Appeal from the United States District Court for the Western District of Wisconsin. No. 3:13-cr-00053-wmc-1 -- William M. Conley, Chief Judge.
For United States of America, Plaintiff - Appellee: Robert A. Anderson, Attorney, Office of The United States Attorney, Madison, WI; Galen Bascom, Attorney, Department of Justice, Civil Division, Appellate Staff, Washington, DC.
For Jason T. Procknow, Defendant - Appellant: Johanna M. Christiansen, Attorney, Thomas W. Patton, Attorney, Office of The Federal Public Defender, Peoria, IL.
Before RIPPLE, KANNE, and TINDER, Circuit Judges.
Tinder, Circuit Judge.
Defendant-Appellant Jason Procknow pleaded guilty to one count of theft of government money, 18 U.S.C. § 641, and one count of aggravated identify theft, id. § 1028(a)(1), related to his filing of fraudulent tax returns claiming refunds. Procknow appeals the denial of his motion to suppress, having reserved the right to do so in his plea agreement. Procknow moved to suppress (1) evidence obtained after police officers' warrantless entry into his hotel room following his arrest in the hotel lobby, and (2) evidence obtained by grand jury subpoena following the withdrawal of Internal Revenue Service (" IRS" ) administrative summonses requesting the same information. We affirm.
In connection with Procknow's motion to suppress, a magistrate judge conducted an evidentiary hearing, which included the live testimony of seven witnesses, and recommended factual findings. After receiving objections from both sides, the district court adopted the majority of the magistrate's recommended findings. Unless noted, the facts set out below are derived from those adopted by the district court.
On August 29, 2011, at about 5:45 p.m., a Wisconsin probation officer phoned the Eagan, Minnesota, Police Department (" EPD" ) requesting assistance in apprehending Procknow, who had absconded approximately four months earlier while serving a term of supervised release imposed by a Wisconsin state court. Wisconsin authorities had received information that Procknow and his girlfriend, Jennifer Van Krevelen, might be staying at the Extended Stay America hotel in Eagan. The EPD received Procknow's photograph, a description of his car, information about Procknow's criminal history--including a conviction for attempted murder--and a warning that there was a high risk Procknow would run from the police.
Shortly after receiving the probation officer's phone call, a squad of EPD officers traveled to the hotel and asked the front-desk clerk, Christopher Schuelke, if Procknow was staying at the hotel. Schuelke could not locate Procknow's name in the registry because Procknow--in violation of Minnesota law and hotel policy--failed to register at the time of check-in. The officers
asked about Van Krevelen, and Schuelke responded that she was registered and staying in room 315. Three officers went to room 315, where they saw a magnetic sign on the door frame announcing, " PET INSIDE." The officers knocked on the door and received no response, although they heard someone or something moving inside the room. Based upon the sign on the door, the officers assumed a dog was in the room making the noise they heard.
The officers exited the hotel and returned to their cars. Some of the officers had driven away when one of the officers radioed that he thought he had just seen Procknow's car pull into the hotel lot. By the time all of the officers returned, the EPD had run the Wisconsin license plate of the car and confirmed that the car was registered to Procknow. Two officers approached Procknow's car and found Van Krevelen standing alone.
Another officer, Matt Ondrey, approached the hotel's double entrance doors. As Ondrey opened the outer door, he came face-to-face with Procknow. Ondrey asked Procknow to come outside. Procknow instead wheeled and ran through the hotel lobby; Ondrey pursued, ordering him to stop. As Procknow neared an interior door, Ondrey fired his taser, causing Procknow to lurch into the door and tumble onto the ground. By the time Procknow had been handcuffed and placed in a sitting position in the hotel lobby by Ondrey and two other officers, Procknow had been tased three times, was bleeding from facial cuts, and had some newly-broken teeth. In a search incident to arrest, the officers obtained from Procknow a credit card in the ...