United States v. Noriega
676 F.3d 1252
| 11th Cir. | 2012Background
- Anonymous tip alleged marijuana growing operations at three nearby properties in Eight Mile, Alabama, with a house and back- lot outbuilding on each.
- Mobile County drug team obtained oral warrants and conducted searches at Jib Road, Chutney Drive, and Kushla McLeod Road locations; Jib Road yielded a grow operation and a rifle.
- Chutney Drive outbuilding contained a large, identical grow operation; officers smelled marijuana and found extensive electrical and HVAC gear.
- Noriega was found at the Chutney Drive property; officers linked Sabina and Huezo to Jib Road; the sweep and ensuing searches occurred with multiple warrants.
- Defendants were charged with conspiracy and possession with intent to distribute; Noriega moved to suppress the Chutney Drive evidence; district court denied.
- Appellate court remanded for limited factfinding to resolve whether independent source justified admitting the evidence if the protective sweep was improper.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the protective sweep of the Chutney Drive house lawful? | Noriega contends sweep violated Fourth Amendment. | Court should suppress evidence from sweep as tainted. | Remanded for factfinding on independent source; no ruling yet. |
| Does independent source exception permit admission of evidence despite the sweep? | Independent source may not save tainted evidence if sweep invalid. | Probable cause could be derived independently of the sweep. | Probable cause could exist without sweep; remand to decide if warrant sought independently. |
| Was the outbuilding within the curtilage of the Chutney Drive house, affecting protection for walking around it? | Outbuilding sheltered by curtilage; sweep tainted evidence. | Outbuilding beyond curtilage; no protection for surrounding it. | Outbuilding outside curtilage; walking around permissible; evidence still subject to independent source analysis. |
Key Cases Cited
- United States v. Caraballo, 595 F.3d 1214 (11th Cir. 2010) (protective sweep framework; de novo legal review with clear-error fact findings)
- Murray v. United States, 487 U.S. 533 (1988) (independent source doctrine; exclusionary rule not applied if warrant prompted by independent source)
- Chaves v. United States, 169 F.3d 687 (11th Cir. 1999) (two-part test for independent source after initial illegitimate entry)
- United States v. Lopez, 649 F.3d 1222 (11th Cir. 2011) (totality-of-the-circumstances probable cause standard for search)
- United States v. Dunn, 480 U.S. 294 (1987) (curtilage factors for determining Fourth Amendment protection)
- Taylor v. United States, 458 F.3d 1201 (11th Cir. 2006) (curtilage analysis factors; distance, enclosure, and observation protection)
- United States v. Glinton, 154 F.3d 1245 (11th Cir. 1998) (state-law admissibility; federal supremacy over search warrant rules)
- Nix v. Williams, 467 U.S. 431 (1984) (independent source rationale; exclusionary rule not to punish lawful police actions)
- Jones v. United States, 132 S. Ct. 945 (2012) (curtilage and areas beyond home boundary; physical intrusion limits)
- Didie v. Howes, 988 F.2d 1097 (11th Cir. 1993) (court as factfinder; defer to district court on factual questions)