United States v. Daniel T. Lee
669 F. App'x 308
| 7th Cir. | 2016Background
- After a pharmacy robbery by two masked men, a postal worker reported a black sports car circling/parked nearby; he recorded the plate, which showed a rental car rented by Daniel Lee (a parolee for armed robbery).
- Police surveilled Lee’s home, later stopped the rental car with four occupants; officers frisked and secured Lee, found a box of surgical masks and a knit-hat tag in the passenger compartment, and later inventoried the car discovering a black knit hat and .44 bullets.
- An officer who had reviewed pharmacy surveillance video confirmed Lee matched one robber’s description; Lee was arrested and found with cash; a warrant search of his home uncovered guns, handcuffs, and pharmacy-labeled prescription bottles.
- Lee moved to suppress evidence; initially he had counsel and lost; on first appeal the court vacated and ordered a new suppression hearing because Lee had been denied the right to self-representation at the earlier hearing.
- On remand Lee represented himself, lost the new suppression hearing after multiple days of testimony, and the district court reinstated the conviction and 780-month sentence; Lee appealed again challenging the handling of the remand and suppression rulings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether denial of self-representation at first suppression hearing required automatic reversal | U.S.: Remand for a new hearing (and new trial only if suppression granted) was proper; harmless-error analysis applies | Lee: Denial of self-representation is a structural error requiring automatic reversal | Court: Prior panel ruling stands under law-of-the-case; not structural reversal; new hearing was proper and automatic reversal denied |
| Whether Lee was denied a full and fair rehearing by being limited from questioning about alleged video editing | U.S.: Questions about edited video were irrelevant to probable cause | Lee: Video-editing inquiry could show other suspects and undermine probable cause | Court: Video-editing inquiry irrelevant; even other footage wouldn’t negate the probable cause the police had |
| Whether police had probable cause to stop, arrest, and search the car | U.S.: Totality of circumstances (postal tip, plate match to Lee, parole status, surveillance match) gave probable cause | Lee: Discrepancies in witness descriptions and car color undermine probable cause | Court: Probable cause existed based on tip, rental match, parole, surveillance ID; stop/arrest/search lawful |
| Whether warrant to search Lee’s home was supported or, alternatively, subject to good-faith exception | U.S.: Affidavit tied car and items to Lee and supported a reasonable belief evidence would be at home; Leon good-faith backup | Lee: Warrant lacked probable cause to find robbery items at home | Court: Warrant reasonably supported; even if defective, Leon good-faith reliance would preserve the evidence |
Key Cases Cited
- United States v. Lee, 760 F.3d 692 (7th Cir. 2014) (prior panel decision ordering new suppression hearing after denial of self-representation)
- Waller v. Georgia, 467 U.S. 39 (1984) (discussing equitable considerations in ordering new trials)
- United States v. Sands, 815 F.3d 1057 (7th Cir. 2015) (probable cause standard for arrests)
- United States v. Shields, 789 F.3d 733 (7th Cir. 2015) (probable cause principles summarized)
- Zappa v. Gonzalez, 819 F.3d 1002 (7th Cir. 2016) (probable cause does not require legal certainty)
- Fox v. Hayes, 600 F.3d 819 (7th Cir. 2010) (establishing that little is required to create probable cause)
- United States v. Tilmon, 19 F.3d 1221 (7th Cir. 1994) (matching a unique vehicle and driver can establish probable cause)
- United States v. Leon, 468 U.S. 897 (1984) (good-faith exception to the exclusionary rule)
- United States v. Reichling, 781 F.3d 883 (7th Cir. 2015) (application of Leon in circuit)