State v. Hummons
227 Ariz. 78
| Ariz. | 2011Background
- In August 2008, Tucson Officer Lewis approached Hummons about a new-looking weed trimmer in a disheveled person in an area with recent yard thefts.
- Hummons verbally claimed ownership of two homes and provided identification; the officer conducted a warrant check while holding the ID.
- The warrant check revealed a misdemeanor arrest warrant; the officer decided to arrest rather than simply advise or release Hummons.
- In a search incident to arrest, the officer found drugs and drug paraphernalia in Hummons's backpack.
- Hummons moved to suppress the evidence as tainted by an illegal detention; the trial court denied suppression and the court of appeals affirmed, assuming illegal detention but concluding the warrant was an intervening circumstance dissipating taint.
- The Arizona Supreme Court granted review to address attenuation of taint from warrant checks leading to arrest.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether taint from an illegal detention is attenuated by discovery of a warrant | State argues warrant discovery creates an intervening circumstance | Hummons argues taint remains due to illegality of detention | No; warrant discovery is of minimal importance and total circumstances control the result |
| Whether the Arizona Constitution provides greater protection than the federal Constitution | Hummons argues for separate state-constitutional analysis | Declined to apply; no greater protection under Article 2, Section 8 beyond federal standards | |
| Whether the evidence should be suppressed under Brown factors given alleged illegality | Totality of circumstances supports admission; attenuation factors militate against suppression |
Key Cases Cited
- Brown v. Illinois, 422 U.S. 590 (1975) (determinates attenuation using three Brown factors)
- United States v. Robinson, 414 U.S. 218 (1973) (search incident to arrest permissible without extra justification)
- State v. Guillen, 223 Ariz. 314 (2010) (attenuation and consent considerations in Arizona)
- State v. Blackmore, 186 Ariz. 630 (1996) (upholding search following allegedly illegal arrest)
- State v. Miller, 186 Ariz. 314 (1996) (admission of statements after illegal arrest)
- Whiteley v. Warden, 401 U.S. 560 (1971) (probable cause and arrest after illegal detention)
- People v. Murray, 245 Ill.Dec. 430, 728 N.E.2d 512 (2000) (illustrative on intervening warrant as basis for arrest)
- Herring v. United States, 555 U.S. 135 (2009) (deterrence considerations in attenuation)
- Wong Sun v. United States, 371 U.S. 471 (1963) (fruit of the poisonous tree concept for taint analysis)