State v. Blakley
226 Ariz. 25
Ariz. Ct. App.2010Background
- Appellant Blakley was convicted of possession of marijuana for sale after police found 170 pounds in his garage following a warrantless entry onto his property.
- Officer Silva followed a suspicious vehicle to Blakley’s residence, then approached the vehicle and Blakley; Blakley consented to a garage search.
- Silva smelled marijuana during a conversation with Blakley and searched the garage, yielding eight bales of marijuana.
- Blakley moved to suppress the evidence, arguing the entry onto his property was unlawful and tainted the subsequent consent.
- The trial court denied suppression and Blakley was convicted and sentenced to 15.75 years’ imprisonment and a $150,000 fine.
- The Arizona Court of Appeals vacated the conviction and remanded for proceedings consistent with its opinion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the warrantless entry onto Blakley’s driveway lawful under the Fourth Amendment? | Blakley argues Silva entered a semiprivate driveway without a warrant, violating Fourth Amendment protections. | State contends the driveway is semiprivate and that Silva could observe the vehicle for purposes of investigating the crime. | Silva’s entry violated privacy; the search was unlawful and suppression was warranted. |
| Did Blakley’s consent to search purge the taint from the illegal entry, making the evidence admissible? | Consent cannot validate evidence obtained through an unlawful intrusion. | Even with taint, consent could render the search valid if purged by intervening circumstances. | Consent was tainted by the unlawful entry; the evidence must be suppressed. |
Key Cases Cited
- Olm v. State, 223 Ariz. 429 (App. 2010) (driveway semiprivate area; curtilage protection applied)
- Gant v. State, 216 Ariz. 1 (2007) (reasonable expectation of privacy; Fourth Amendment standards)
- Brown v. Illinois, 422 U.S. 590 (1975) (taint from unlawful conduct; Brown factors for purging taint)
- Wong Sun v. United States, 371 U.S. 471 (1963) (fruits of illegal search; purge taint analysis)
- Guillen v. State, 223 Ariz. 314 (2010) (consent after illegality; need break in causal chain)
- Monge v. State, 173 Ariz. 279 (1992) (Brown factors; intervening circumstances)
- Magana v. United States, 512 F.2d 1169 (9th Cir. 1975) (two-part reasonableness test for driveway privacy)
- Pineda-Moreno v. United States, 591 F.3d 1212 (9th Cir. 2010) (driveway privacy and public-access pathways)