United States v. Gross
662 F.3d 393
| 6th Cir. | 2011Background
- In Nov. 15, 2007, Officer Williams encountered a parked Oldsmobile with engine running and a slumped passenger; a warrant check revealed Gross had a felony warrant for carrying a concealed weapon.
- Gross provided identifying information after being asked; he was arrested and transported to the sheriff's department; a metal detector at intake triggered but officers could not locate the source.
- A firearm was found near the toilet in a jail bullpen where Gross had used the restroom; DNA later linked the weapon and ammunition to Gross.
- Gross was later advised of rights, waived Miranda, and gave a statement admitting bringing the firearm into the jail; DNA swab was taken after a warrant was obtained.
- Gross pled guilty to being a felon in possession; plea agreement reserved appeal on suppression and referenced Chambers v. United States regarding an escape conviction and ACCA violence.
- The district court ruled Gross was an Armed Career Criminal under ACCA and sentenced him to 180 months; Gross appealed challenging suppression and ACCA classification.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the stop of Gross was a unlawful seizure | Gross contends Williams lacked reasonable suspicion for a Terry stop. | Gross argues community caretaking justified the encounter. | Unlawful seizure; stop invalid. |
| Whether DNA swab and confession are attenuated from taint | DNA and confession attenuated due to time and voluntary actions. | Attenuation insufficient to purge taint. | DNA swab and confession attenuated; admissible. |
| Whether the firearm evidence is admissible given taint | Gun evidence tainted by unlawful stop and should be suppressed. | Intervening circumstances attenuate taint; admissible. | Firearm suppression warranted; suppress. |
| Whether Gross's escape conviction qualifies as a violent felony under ACCA | Escape conviction could be a violent felony under ACCA. | Need remand to determine nature of escape conviction under Chambers/Ford/Shepard. | Remand to determine nature of escape conviction; guidance on ACCA. |
Key Cases Cited
- United States v. See, 574 F.3d 309 (6th Cir.2009) (blocking vehicle as Terry stop requires reasonable suspicion)
- Wong Sun v. United States, 371 U.S. 471 (U.S. 1963) (attenuation doctrine and taint analysis)
- Brown v. Illinois, 422 U.S. 590 (U.S. 1975) (taint and voluntariness in confession)
- Chambers v. United States, 555 U.S. 122 (U.S. 2009) (escape convictions and violent felony classification under ACCA)
- Ford, 560 F.3d 420 (6th Cir.2009) (Chambers abrogation and classification of escape offenses)
- Shepard v. United States, 544 U.S. 13 (U.S. 2005) (structural Shepard rule for determining nature of prior offenses)
- United States v. Crews, 445 U.S. 463 (U.S. 1980) (attenuation of taint when intervening circumstances intervene)
- United States v. Hudson, 405 F.3d 425 (6th Cir.2005) (arrest warrant as intervening circumstances and purpose of stop)
- United States v. Williams, 615 F.3d 657 (6th Cir.2010) (attenuation factors in taint analysis and warrant discovery)
- United States v. Green, 111 F.3d 515 (7th Cir.1997) (intervening warrant as purge of taint when arrest is independent)
- United States v. Johnson, 383 F.3d 538 (7th Cir.2004) (intervening warrant as attenuating factor when stop was illegal)