United States v. Eddie McClendon
2013 U.S. App. LEXIS 8094
| 9th Cir. | 2013Background
- McClendon appeals his conviction under a conditional plea for felon in possession of a firearm after suppression rulings on evidence from a backpack search.
- Police responded to a 911 report; a car was found in a driveway, the driver’s story about gas was contradicted by the car’s ignition being on.
- A machete belonging to McClendon was found in the car along with drugs and drug paraphernalia in the woman’s purse.
- Police searched a backpack in the car without McClendon’s consent; handgun, sawed-off shotgun, wig, walkie-talkies, pills, and a receipt were found.
- Backpack search was deemed unlawful; handgun was discovered after McClendon was identified and pursued, leading to his arrest.
- District court suppressed the backpack evidence but denied suppression of the handgun; McClendon pled guilty to one count and appealed the handgun suppression ruling.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was McClendon seized before discarding the handgun? | McClendon submitted to authority when he identified himself. | McClendon did not submit; he walked away and reached toward his waistband. | No seizure before discard; submission not shown, so the discard occurred before seizure. |
| Is the handgun admissible as fruit of an illegal backpack search? | Handgun tainted by backpack search. | Discovery was too attenuated and an intervening walk-away purged taint. | Handgun not fruit of backpack search; attenuation applies. |
| Does attenuation apply under Garcia to sever taint from an illegal initial seizure/ search? | Intervening events do not cure illegality. | Walk-away after warnings constitutes an intervening event. | Yes, attenuation under Garcia; taint purged. |
Key Cases Cited
- Hodari D. v. United States, 492 U.S. 621 (1990) (seizure occurs when submission to authority happens; fleeing not seizure)
- Smith v. United States, 633 F.3d 889 (9th Cir. 2011) (no seizure where initial hesitation precedes flight)
- Brendlin v. California, 551 U.S. 249 (2007) (show of authority may seize; submission required for seizure)
- United States v. Mendenhall, 446 U.S. 544 (1980) (definition of seizure depends on whether reasonable person feels free to leave)
- Hernandez v. United States, 27 F.3d 1403 (9th Cir. 1994) (fleeting submission required; fleeing casts doubt on seizure)
- Segura v. United States, 468 U.S. 796 (1984) (fruit-of-the-poisonous-tree requires but-for causation)
- Wong Sun v. United States, 371 U.S. 471 (1963) (exclusion for evidence derived from illegality; attenuation considerations)
- United States v. Garcia, 516 F.2d 319 (5th Cir. 1975) (intervening act can purge taint if it breaks the causal chain)
- United States v. Waterman, 569 F.3d 144 (3d Cir. 2009) (no submission when defendant moves toward exit during show of authority)
- United States v. Stephens, 206 F.3d 914 (9th Cir. 2000) (bus-subjects seizure analysis in absence of submission)