United States v. Lonnie Hodge
2013 U.S. App. LEXIS 7848
6th Cir.2013Background
- Calhoun County Sheriff’s Office and Battle Creek Police executed a warrant for methamphetamine evidence at Hodge’s home and found a pipe bomb, marijuana, prescription drugs, drug paraphernalia, and a rifle.
- Tipster Banks alleged meth activity, firearms, and a bomb at Hodge’s residence, prompting corroboration of the tip.
- Affidavit supported probable cause by corroborating Banks’s statements with purchase logs, police records, and “silent observer” tips.
- Warrant authorized a broad search for evidence of meth production and weapons; it did not mention the pipe bomb.
- Officers used a staged three-phase search plan with ERT and bomb-disposal expert involvement; Hodge resisted and was restrained
- Hodge was questioned about dangerous items before Miranda warnings were given; the pipe bomb was later found during the search.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Probable cause for the warrant exists? | Hodge contends lack of probable cause. | Gandy’s affidavit linked Banks to meth activity and weapons. | Probable cause supported the warrant. |
| Whether Miranda/public-safety exception applies to Hodge’s statements? | Statements obtained without warnings should be excluded. | Public safety and inevitable discovery doctrines justify admission. | Statements admissible under Quarles and inevitable discovery as alternate basis. |
| Inevitable discovery of the pipe bomb independent of questioning? | Evidence would not have been discovered without statements. | Lawful search would uncover the bomb anyway. | Bomb would have been discovered during the search warrant execution. |
Key Cases Cited
- United States v. Gates, 462 U.S. 213 (1983) (probable cause requires practical, common-sense assessment of evidence)
- United States v. Williams, 483 F.3d 425 (6th Cir. 2007) (public-safety exception to Miranda for bombs distinct from guns)
- United States v. Talley, 275 F.3d 560 (6th Cir. 2001) (reasonable belief of danger governs Quarles standard)
- United States v. Khalil, 214 F.3d 111 (2d Cir. 2000) (Quarles exception supported by bomb context)
- United States v. Spoerke, 568 F.3d 1236 (11th Cir. 2009) (Quarles applicable to device-like evidence without third-party access)
- United States v. Kennedy, 61 F.3d 494 (6th Cir. 1995) (inevitable discovery standard for admissibility)
- United States v. McCraven, 401 F.3d 693 (6th Cir. 2005) (informant tip reliability not always needed for probable cause)
- United States v. Pelham, 801 F.2d 875 (6th Cir. 1986) (reliability of named informant supported by corroboration)