United States v. Bay
2011 U.S. App. LEXIS 24213
| 8th Cir. | 2011Background
- Deputy Harris smelled ether near Bay's Berry Road residence at 10:00 p.m. and again around 2:00 a.m., linking odor to meth manufacture.
- Deputy Harris observed Bay on the porch after stopping him when Bay began to retreat into the mobile home.
- A camping trailer and shed adjacent to the mobile home were searched with consent, revealing a suspected methamphetamine lab.
- Bay entered his home with officers, who obtained consent to search again and found methamphetamine, paraphernalia, and precursor chemicals; Bay admitted manufacture.
- A shotgun was found in the mobile home; Bay was federally indicted on meth-related counts and felon-in-possession of a firearm.
- Bay moved to suppress the evidence and statements as fruits of an unlawful seizure; magistrate judge recommended denial; district court adopted; Bay was convicted at bench trial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Bay was seized inside his home | Bay was inside when seized; Fourth Amendment violation. | Bay was outside when seized; seizure valid. | Seizure was outside; admissibility upheld. |
| Whether the seizure was supported by reasonable suspicion | No probable cause for stop inside home. | Ether odor and experience create reasonable suspicion. | Reasonable suspicion supported Terry stop. |
| Whether the ensuing evidence and statements were admissible as fruits of the seizure | Evidence obtained from an unlawful seizure must be suppressed. | Evidence and statements obtained lawfully from a valid stop outside the home. | Admissible; lawful seizure produced the evidence. |
Key Cases Cited
- United States v. Annis, 446 F.3d 852 (8th Cir. 2006) (standard for reviewing suppression orders)
- United States v. Jones, 275 F.3d 673 (8th Cir. 2001) (law of search and seizure precedents)
- Anderson v. City of Bessemer City, 470 U.S. 564 (U.S. Supreme Court, 1985) (two permissible views support non-clear-error standard)
- United States v. Hogan, 539 F.3d 916 (8th Cir. 2008) (standard for reviewing factual determinations on suppression)
- United States v. Harper, 466 F.3d 634 (8th Cir. 2006) (deference to district court on suppression findings)