United States v. Mickey Fugate
499 F. App'x 514
6th Cir.2012Background
- On November 14, 2009, a masked gunman robbed Kwik-N-Kold in Dayton and a police pursuit followed the suspect in a black Cadillac without plates.
- Citizens reported the Cadillac and the fleeing gunman, and Saylors later located the car partially visible in the backyard of 140 Drummer Avenue, Daytona area, within a private backyard.
- Saylors entered the backyard without a warrant, observed the Cadillac and found money and a cash-register drawer near the car.
- Officers entered the home through an open rear window, conducted a protective sweep, and Fugate was detained; a search warrant for the residence was later obtained.
- During the execution of the warrant, officers discovered a 9mm handgun and additional money in various locations; Fugate was charged with offenses including felon-in-possession of a firearm.
- Fugate moved to suppress the evidence as arising from an unlawful initial entry; the district court granted suppression, the government appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Saylors’s initial backyard entry violated the Fourth Amendment | Fugate argues unlawful entry tainted the warrant-based evidence | Government argued plain-view or exigent-circumstances doctrines could justify entry | Backyard entry violated the Fourth Amendment |
| Whether the government waived arguments on plain view/exigent circumstances | N/A | Government abandoned some arguments on appeal but relied on others | Court did not disturb the district court’s ruling on the violated entry; waived issues did not salvage the suppression |
| Whether the good-faith exception applies to evidence obtained under a warrant based on an illegal predicate search | N/A | N/A | Remand for further consideration of the Leon good-faith exception and deterrence balancing |
| Whether the appropriate framework for applying the good-faith analysis requires consideration of deterrence factors post-Davis/Herring | N/A | N/A | Court remands to determine whether deterrence outweighs costs under the good-faith framework |
Key Cases Cited
- United States v. Galaviz, 645 F.3d 347 (6th Cir. 2011) (plain-view consideration in some contexts)
- United States v. Bass, 315 F.3d 561 (6th Cir. 2002) (exigent circumstances and probable cause to justify entry)
- United States v. Ellison, 462 F.3d 557 (6th Cir. 2006) (arguments raised for the first time on appeal)
- United States v. McClain, 444 F.3d 556 (6th Cir. 2005) (good-faith exception where initial search was illegal but warrants followed)
- Davis v. United States, 564 U.S. 229 (2011) (good-faith exception framework post-Lewis; deterrence balancing)
- Herring v. United States, 555 U.S. 135 (2009) (suppression not automatic; balancing deterrence versus costs)
- United States v. Master, 614 F.3d 236 (6th Cir. 2010) (balancing deterrence when evaluating suppression following violation)
- United States v. Van Shutters, 163 F.3d 331 (6th Cir. 1998) (good-faith analysis considerations in the Sixth Circuit)
- United States v. Reilly, 76 F.3d 1271 (2d Cir. 1996) (fruit of illegal searches and good-faith questions)