388 F. Supp. 3d 901
W.D. Mich.2019Background
- On July 3, 2014, Jackson officer Craig Edmonson observed Daniel Trevino dumping multiple garbage bags into a commercial dumpster at 800 Wildwood Avenue and confronted him.
- Trevino claimed to own the building but would not produce a key or corroborate ownership; he made evasive comments (e.g., had been "raided 24 times").
- Edmonson briefly frisked Trevino, felt cash (which the government later agreed not to use at trial), then approached the van driver, Dolores Lopez, and smelled marijuana strongly at the window.
- Officers opened and searched the van, finding large bags of marijuana (distribution quantities), small baggies, eight cell phones, and a flyer linking Trevino to "Hydro World." Officers also searched the dumpster and found additional marijuana residue.
- Trevino moved to suppress evidence seized from his person, the van, and the dumpsters as Fourth Amendment violations; the government abandoned using the seized cash. The district court held an evidentiary hearing and denied suppression in part.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Legality of van search | Trevino: search unlawful; evidence should be suppressed. | Government: officers smelled marijuana and had probable cause; automobile exception permits warrantless search. | Denied — automobile exception satisfied by odor and circumstances; search reasonable. |
| Legality of dumpster search | Trevino: commercial property has similar protection; items in dumpster protected. | Government: dumpster was publicly accessible, in Lopez's name; no reasonable expectation of privacy under Greenwood. | Denied — no legitimate expectation of privacy in commercial dumpster; search lawful. |
| Pat-down as poisonous tree | Trevino: initial frisk was unlawful and tainted subsequent searches. | Government: even if frisk was unlawful, inevitable discovery/independent probable cause (smell from van) would have led to same result. | Denied — any illegality would not require suppression due to inevitable discovery/independent probable cause. |
| Suppression of statements | Trevino referenced statements made during encounter seeking suppression. | Government did not respond; issues not developed. | Reserved — court held Fifth Amendment suppression argument undeveloped and deferred ruling pending briefing. |
Key Cases Cited
- Terry v. Ohio, 392 U.S. 1 (establishes standards for brief investigatory stops)
- California v. Greenwood, 486 U.S. 35 (no reasonable expectation of privacy for trash left for collection in area accessible to public)
- United States v. Lumpkin, 159 F.3d 983 (6th Cir.) (probable cause standard for vehicle searches)
- Smith v. Thornburg, 136 F.3d 1070 (6th Cir.) (probable cause and automobile exception analysis)
- United States v. Garcia, 496 F.3d 495 (6th Cir.) (linking evidence found in vehicle to defendant)
- United States v. Elkins, 300 F.3d 638 (6th Cir.) (odor of marijuana can supply probable cause)
- Carter v. Parris, 910 F.3d 835 (6th Cir.) (odor-based probable cause to search vehicle)
- Dow Chemical Co. v. United States, 476 U.S. 227 (discusses differing Fourth Amendment expectations for commercial property)