884 F. Supp. 2d 767
E.D. Wis.2012Background
- Griffin was charged with attempted possession of marijuana with intent to distribute and two felon-in-possession firearm counts.
- Griffin moved to suppress all statements and physical evidence as fruits of an unlawful seizure in violation of the Fourth Amendment.
- Magistrate judge recommended suppression of all evidence; the government sought a de novo evidentiary hearing to address attenuation.
- A post-seizure timeline was prepared to evaluate attenuation between the seizure and subsequent statements and searches.
- Police seized Griffin by ordering him to keep his hands up after approaching his vehicle; Griffin was then handcuffed and taken downtown.
- Evidence obtained later—consents to search a storage locker and Griffin’s residence, and Griffin’s statements—formed the basis for indictment and were challenged as tainted.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the initial seizure lawful under the Fourth Amendment? | Griffin | Griffin | Seizure unlawful; no reasonable suspicion. |
| Did attenuation doctrine purge the taint from post-seizure statements and searches? | Griffin | Griffin | No sufficient attenuation; evidence suppressed. |
| Do Miranda warnings or time elapsed alter the attenuation analysis? | Griffin | Griffin | Miranda and time alone do not cure the taint. |
Key Cases Cited
- United States v. Odum, 72 F.3d 1279 (7th Cir. 1995) (limits on Fourth Amendment seizure doctrine in consensual encounters)
- United States v. Yusuff, 96 F.3d 982 (7th Cir. 1996) (consensual encounters; seizure only upon show of authority)
- Terry v. Ohio, 392 U.S. 1 (U.S. 1968) (reasonable suspicion required for detentions brief of police)
- United States v. Ienco, 182 F.3d 517 (7th Cir. 1999) (reasonable suspicion must exist at time of stop)
- Brown v. Illinois, 422 U.S. 590 (U.S. 1975) (attenuation factors; but not suffice where taint remains)
- Reed v. United States, 349 F.3d 457 (7th Cir. 2003) (intervening events must break causal chain between illegality and evidence)
- Gentry v. Sevier, 597 F.3d 838 (7th Cir. 2010) (seizure occurs when hands are ordered up; requires reasonable suspicion)
- Cellitti v. United States, 387 F.3d 618 (7th Cir. 2004) (consent given during illegal detention presumptively invalid)
- Taylor v. Alabama, 457 U.S. 687 (U.S. 1982) (timeframe for attenuation after illegal arrest; time alone is not dispositive)