United States v. Daniel Bohman
2012 U.S. App. LEXIS 13195
| 7th Cir. | 2012Background
- Bohman challenges a vehicle stop stemming from an investigation of a suspected meth cook site at a 40-acre Thorenson property in Wisconsin.
- Informant Olmsted, arrested for chemical possession, alleges meth activity and identifies Barttelt, a known cook, and an anhydrous ammonia tank at the cabin.
- Sergeant Kingsley surveils the property around 11 p.m., observing a gate, a cabin light, and vehicles approaching the gate, then stopping, reversing, and approaching again.
- Kingsley stops Bohman’s Beretta after it emerges from the property; Bohman and Barttelt are detained, Barttelt is identified, and Barttelt’s odor of anhydrous ammonia is detected.
- A cabin search, authorized by a later-issued warrant, confirms a meth lab; Bohman concedes that a stop could be justified if based on reasonable suspicion, but contests the stop’s validity.
- The district court found some corroborated basis for suspicion about the cabin but deemed the stop of Bohman’s car a close call; the court declined to suppress the cabin evidence initially but Bohman pursues suppression on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the stop of Bohman's car was supported by reasonable suspicion | Bohman | Kingsley | No; stop lacked individualized suspicion |
| Whether the suppression doctrine applies given lack of reasonable suspicion and good faith | Bohman | Kingsley | Suppression required; good-faith exception does not apply |
| Whether Bohman had sufficient interest in the cabin area to challenge the evidence obtained there | Bohman | Kingsley | Remand for Wayne issues; not decided here |
Key Cases Cited
- United States v. Sokolow, 490 U.S. 1 (1989) (reasonable suspicion standard for investigative stops)
- Terry v. Ohio, 392 U.S. 1 (1968) (inciple of stop-and-frisk for investigatory purposes)
- Delaware v. Prouse, 440 U.S. 648 (1979) (limits on detentions absent individualized suspicion)
- Michigan v. Summers, 452 U.S. 692 (1981) (scope of detainees departing from a premises subject to search)
- Johnson, 170 F.3d 708 (1999) (stop of person emerging from place suspected of drug activity requires more than mere place suspicion)
- Summers, 452 U.S. 692 (1981) (see above for Summers; retained for context)
- United States v. Brewer, 561 F.3d 676 (7th Cir. 2009) (differing circumstances where suspicion rose to line between reasonable suspicion and hunch)
- United States v. Burgard, 675 F.3d 1029 (7th Cir. 2012) (deterrent effect of exclusionary rule; good-faith considerations)