United States v. Robin Brooks, Jr.
2013 U.S. App. LEXIS 10633
8th Cir.2013Background
- Brooks convicted of bank robbery, firearm in furtherance of crime of violence, and felon in possession of a firearm.
- Robbery at Tradesman Community Credit Union; suspect described as African-American man with orange hat, etc.
- GPS device placed in money envelope tracked from credit union to van; witness Booker saw getaway vehicle.
- Police recovered firearm near van theft; Brooks arrested after van pursuit; clothing and items linked to suspect.
- Cell phone found in Haskins’s van contained photos/video resembling Brooks; later warrant led to broader search.
- District court denied suppression, ruled GPS evidence admissible, and trial proceeded to verdict; Brooks challenged rulings on suppression, 404/403, GPS, mistrial, and sufficiency of evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Suppression of cell phone photos/video; automobile exception and independent source. | Brooks argues initial cell-phone search invalid under Fourth Amendment. | Brooks contends lack of independent source for warrant. | Independent source valid; warrant supported probable cause; evidence admitted. |
| Admission of GPS evidence; foundations, hearsay, and Confrontation Clause. | GPS device unreliable; foundation weak; reports are hearsay and testimonial. | GPS foundation adequate; business records exception; reports non-testimonial. | District court did not abuse; GPS evidence admissible; non-testimonial business records. |
| Denial of mistrial over sequestration issue. | Sequestration violation prejudiced defense; mistrial warranted. | No substantive effect; district court acted appropriately. | No abuse of discretion; denial of mistrial affirmed. |
| Sufficiency of evidence for bank robbery and firearm offenses. | Evidence insufficient to prove possession of firearm linking Brooks. | Evidence, including GPS, photos, and witness identifications, sufficient. | Convictions supported by substantial evidence; reasonable jurors could find guilt. |
Key Cases Cited
- United States v. Lomeli, 676 F.3d 734 (8th Cir. 2012) (review of suppression facts; clear error for factual findings, de novo for law)
- United States v. Swope, 542 F.3d 609 (8th Cir. 2008) (independent source doctrine and probable cause after tainted information)
- California v. Acevedo, 500 U.S. 565 (1981) (automobile exception governing containers within vehicles)
- United States v. Mashek, 606 F.3d 922 (8th Cir. 2010) (business records and Confrontation Clause considerations for non-testimonial records)
- United States v. Thompson, 686 F.3d 575 (8th Cir. 2012) (GPS/FIR foundation and admissibility of GPS data; agency lay testimony)
- Melendez-Diaz v. Massachusetts, 557 U.S. 305 (2010) (testimonial nature of lab reports; confrontation concerns)
- Bullcoming v. New Mexico, 131 S. Ct. 2705 (2011) (confrontation and testimonial evidence; Bullcoming related reasoning)
- Davis v. Washington, 547 U.S. 813 (2006) (non-testimonial statements in ongoing emergencies)
- United States v. Yockel, 320 F.3d 818 (8th Cir. 2003) (writing/notes as contextual evidence for intimidation)
- United States v. Pickar, 616 F.3d 821 (8th Cir. 2010) (bank robbery elements and credentialing of insured status)