United States v. Gaines
2012 U.S. App. LEXIS 1492
4th Cir.2012Background
- Baltimore City police stopped a white Crown Victoria for a cracked windshield; Gaines was a back-seat passenger.
- Gaines exited the car and was frisked; Officer Shetterly felt what he believed to be a gun and yelled 'gun.'
- Gaines assaulted the officers, tried to flee, and a firearm remained in Gaines' waistband as the struggle continued.
- The gun fell from Gaines' waistband into the trunk during handcuffing and was seized as evidence.
- The district court suppressed the gun as fruit of the unlawful stop; the government appealed the suppression order.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Attenuation of taint from unlawful stop | Gaines: taint not purged; government: Sprinkle permits purge. | Gaines: assault as intervening act does not erase taint; seizure remains linked to stop. | Taint not purged; suppression affirmed. |
| Role of discovery vs. seizure under attenuation | Gaines: discovery timing should not matter; lawful arrest could purge. | Gaines: seizure timing controls; Sprinkle governs independent grounds. | Discovery before assault cannot purge taint; suppression maintained. |
Key Cases Cited
- Wong Sun v. United States, 371 U.S. 471 (Supreme Court, 1963) (attenuation inquiry: whether evidence is derived from exploitation or purged taint)
- Brown v. Illinois, 422 U.S. 590 (Supreme Court, 1975) (factors for attenuation of taint, including intervening circumstances)
- Sprinkle, 106 F.3d 613 (4th Cir., 1997) (new, distinct crime after illegal stop can purge taint via lawful arrest)
- Camacho, 661 F.3d 718 (1st Cir., 2011) (suppression upheld when gun discovered before intervening lawful arrest; no attenuation)
- Beauchamp, 659 F.3d 560 (6th Cir., 2011) (evidence discovered during unlawful stop cannot be used if no independent ground)
- Segura v. United States, 468 U.S. 796 (Supreme Court, 1984) (distinguishes seizure from search; warrantless seizure considerations)