Sunday, June 21, 2020

Tenth Circuit Breviaries

Fourth Amendment (traffic stop)

The 15 minutes it took an officer to gather information from the El Paso Intelligence Center (EPIC) did not unreasonably extend a traffic stop where the parties agreed that the officer had reasonable suspicion of drug trafficking. So concluded the Tenth Circuit in United States v. Morales, reversing the district court's suppression order.

Fifth Amendment (confessions)

An FBI agent interviewed Shane Young in a county jail. The agent showed Mr. Young a federal warrant for his arrest and said "I'm on your side." The agent proceeded to advise Mr. Young that he had talked to the judge who had reviewed the case, and that Mr. Young could "buy down" his time with the judge by giving information. The agent also misadvised Mr. Young about the amount of time he was facing. These were false representations of law and fact that rendered Mr. Young's resulting statements involuntary, and the district court should have granted his motion to suppress. United States v. Young.

Sixth Amendment (counsel)

A mid-trial waiver of the right to counsel was not made knowingly and intelligently in United States v. Hamett. The district court (1) failed to discuss the the charges with Mr. Hamett and refused to give him time to review the elements as set out in the jury instructions before he decided to waive counsel; (2) incorrectly advised Mr. Hamett that he was facing up to 20 years' imprisonment, when in fact one charge against him carried a maximum of life imprisonment; and (3) failed to apprise Mr. Hamett of any possible defenses.

Fed. R. Evid. 404(b)

In United States v. Merritt, a DUI-based second-degree murder case, the Tenth Circuit approved the admission of other DUI-related incidents at trial. We will blog about this case in more detail later this week.

Collateral Estoppel

In 2016, in United States v. Arterbury, a district court in Oklahoma suppressed child pornography seized as a result of the PlayPen NIT warrant, finding that the warrant was void ab initio, and therefore Leon's good-faith exception did not apply. The government appealed, but then dismissed its appeal and asked the district court to dismiss the indictment against Mr. Arterbury without prejudice. The district court granted the motion.

Fast forward to 2017 and United States v. Workman, 863 F.3d 1313 (10th Cir. 2017), an appeal from the district court of Colorado. There the Tenth Circuit held that Leon's good-faith exception applied to the execution of the same PlayPen NIT warrant.

In 2018, the government secured a second indictment against Mr. Arterbury based on the same evidence as the first indictment. Mr. Arterbury moved the district court to enforce its original suppression order. The district court denied the motion; Mr. Arterbury entered a conditional plea and appealed.

In 2020, the Tenth Circuit held that the district court erred in declining to enforce its original suppression order, because Mr. Arterbury had "established the elements of federal criminal collateral estoppel under the common law." The what elements under the what law? Read Arterbury for a primer on the difference between collateral estoppel based on double jeopardy/due process, and collateral estoppel based on the federal common law.

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