535 F. App'x 440
5th Cir.2013Background
- Border Patrol agents stopped a moving Suburban on I-20 near Odessa after noticing passengers lying on bulky objects in the cargo area.
- The Suburban fled at high speed through residential areas, with passengers jumping out and fleeing on foot during the pursuit.
- The vehicle collided with a telephone pole; Trooper Valles secured the scene and observed backpacks in the cargo area containing marijuana.
- Defendants were indicted for aiding and abetting possession with intent to distribute and possession with intent to distribute, 100 kilograms or more of marijuana.
- The district court denied suppression, holding reasonable suspicion or attenuation; defendants pleaded guilty with reservation to appeal suppression.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Attenuation of taint | Government argues flight and dangerous conduct created independent probable cause, attenuating taint. | Defendants argue evidence remains tainted by an illegal stop and suppression should apply. | Attenuation upheld; suppression denied. |
Key Cases Cited
- United States v. Ibarra-Sanchez, 199 F.3d 753 (5th Cir. 1999) (taint may be purged when independent circumstances provide attenuation)
- United States v. Cherry, 794 F.2d 201 (5th Cir. 1986) (independent probable cause attenuates taint)
- Nardone v. United States, 308 U.S. 338 (U.S. 1939) (taint can be attenuated by independent events creating probable cause)
- United States v. Nooks, 446 F.2d 1283 (5th Cir. 1971) (flight and other illegal acts can establish attenuation)
- United States v. Sheppard, 901 F.2d 1230 (5th Cir. 1990) (collects cases on attenuation doctrine)
- Wong Sun v. United States, 371 U.S. 471 (U.S. 1963) (taint analysis framework for exclusion)