United States v. Elder, Mark A., 466 F.3d 1090 (7th Cir. 2006). · Go Syfert
United States v. Elder, Mark A., 466 F.3d 1090 (7th Cir. 2006). Cases Citing This Book View Copy Cite
53 citation events (53 in the last 25 years) across 8 distinct courts.
Treatment trajectory · 2006 → 2026 · click a year to view as-of
2006 2016 2026
Top citers, strongest first. 21 distinct citers. How cited ↗
discussed Cited as authority (quoted) State v. Magee
La. Ct. App. · 2018 · quote attribution · 1 verbatim quote · confidence low
the usual understanding of that doctrine is that the exclusionary rule should not be applied when all the steps required to obtain a valid warrant have been taken before the premature search occurs.
discussed Cited as authority (rule) United States v. Kenneth Schmitt
7th Cir. · 2014 · confidence medium
See Fed.R.Evid. 401 (evidence is relevant if it tends to make a fact that is of consequence in determining the action more probable than it otherwise would be); United States v. Elder, 466 F.3d 1090,1091 (7th Cir.2006) (recognizing that “drug dealers often use guns and knives to protect their operations”).
discussed Cited as authority (rule) People v. Lomax (2×) also: Cited "see"
Ill. App. Ct. · 2012 · confidence medium
Elder, 466 F.3d at 1090-91 (holding that because many 911 callers are in danger, calls are brief and anonymous, and that these are the callers who are most in need of immediate police aid); Hanson, 608 F.3d at 337, 340 (holding that the police were justified in invoking the emergency aid exception in response to a 911 call in which no information was given because the phone line went dead and the police could not reestablish contact with the caller).
cited Cited as authority (rule) Johnson v. City of Memphis
6th Cir. · 2010 · confidence medium
Id. at 1053 (citing United States v. Elder, 466 F.3d 1090, 1090 (7th Cir.2006)).
cited Cited as authority (rule) Monica Johnson v. City of Memphis
6th Cir. · 2010 · confidence medium
Id. at 1053 (citing United States v. Elder, 466 F.3d 1090, 1090 (7th Cir. 2006)).
cited Cited as authority (rule) Hanson v. Dane County
W.D. Wis. · 2009 · confidence medium
United States v. Elder, 466 F.3d 1090, 1090 (7th Cir.2006).
examined Cited as authority (rule) United States v. Venters, Eric S. (3×)
7th Cir. · 2008 · confidence medium
The Fourth Amendment prohibits a police officer from making an unreasonable entry into a house, see United States v. Elder, 466 F.3d 1090, 1091 (7th Cir. 2006), and an officer’s warrantless entry into a house is presumed to be unreasonable, see Brigham City v. Stuart, 547 U.S. 398, 403 (2006); Groh v. Ramirez, 540 U.S. 551, 559 (2004); United States v. Rivera, 248 F.3d 677, 680 (7th Cir. 2001).
examined Cited as authority (rule) United States v. Venters (3×)
7th Cir. · 2008 · confidence medium
The Fourth Amendment prohibits a police officer from making an unreasonable entry into a house, see United States v. Elder, 466 F.3d 1090, 1091 (7th Cir.2006), and an officer’s warrantless entry into a house is presumed to be unreasonable, see Brigham City v. Stuart, 547 U.S. 398, 403 , 126 S.Ct. 1943 , 164 L.Ed.2d 650 (2006); Grok v. Ramirez, 540 U.S. 551, 559 , 124 S.Ct. 1284 , 157 L.Ed.2d 1068 (2004); United States v. Rivera, 248 F.3d 677, 680 (7th Cir.2001).
cited Cited as authority (rule) United States v. Tejada
7th Cir. · 2008 · confidence medium
But while that is mentioned as a possible rule in United States v. Elder, 466 F.3d 1090, 1091 (7th Cir.2006), it is not endorsed there and no court has embraced it.
cited Cited as authority (rule) United States v. Tejada, Apolinar
7th Cir. · 2008 · confidence medium
But while that is mentioned as a possible rule in United States v. Elder, 466 F.3d 1090, 1091 (7th Cir. 2006), it is not en- dorsed there and no court has embraced it.
discussed Cited as authority (rule) Commonwealth v. Mistler (2×)
Pa. · 2006 · confidence medium
Permitting exclusion, as Judge Easterbrook recently put it, "comes at such high cost to the administration of the criminal justice system that its application might sensibly be confined to violations of the reasonableness requirement." United States v. Elder, 466 F.3d 1090, 1091 (7th Cir.2006).
cited Cited "see" Sorrell v. Garcia
N.D. Ill. · 2025 · signal: see · confidence high
See United States v. Elder, 466 F.3d 1090, 1091 (7th Cir. 2006) (considerations of safety can make a “look-see prudent”).
discussed Cited "see" State of Louisiana v. Montreal Davis
La. Ct. App. · 2023 · signal: see · confidence high
See United States v. Elder, 466 F.3d 1090, 1091 (7th Cir.2006) (“The usual understanding of that doctrine is that the exclusionary rule should not be applied when all the steps required to obtain a valid warrant have been taken before the premature search occurs [citing Murray v. United States, 487 U.S. 533 , 108 S.Ct. 2529 , 101 L.Ed.2d 472 (1988)]....
discussed Cited "see" State v. Ables
La. Ct. App. · 2017 · signal: see · confidence high
See United States v. Elder, 466 F.3d 1090, 1091 (7th Cir. 2006)(“The usual understanding of that doctrine is that the exclusionary rule should not be applied when all the steps required to obtain a valid warrant have been taken before the premature search occurs [citing Murray v. United States, 487 U.S. 533 , 108 S.Ct. 2529 , 101 L.Ed.2d 472 (1988)] ....
discussed Cited "see" State v. Cure
La. Ct. App. · 2011 · signal: see · confidence high
See United States v. Elder, 466 F.3d 1090, 1091 (7th Cir. 2006)(“The usual understanding of that doctrine is that the exclusionary rule should not be applied when all the steps required to obtain a valid warrant have been taken before the premature search occurs [citing Murray v. United States, 487 U.S. 533 , 108 S.Ct. 2529 , 101 L.Ed.2d 472 (1988)] ...
discussed Cited "see" State v. Thomas (2×)
La. Ct. App. · 2009 · signal: see · confidence high
See United States v. Elder, 466 F.3d 1090, 1091 (7th Cir. 2006)("The usual understanding of that doctrine is that the exclusionary rule should not be applied when all the steps required to obtain a valid warrant have been taken before the premature search occurs [citing Murray v. United States, 487 U.S. 533 , 108 S.Ct. 2529 , 101 L.Ed.2d 472 (1988)]....
discussed Cited "see" State v. Lee
La. · 2008 · signal: see · confidence high
See United States v. Elder, 466 F.3d 1090, 1091 (7th Cir.2006)("The usual understanding of that doctrine is that the exclusionary rule should not be applied when all the steps required to obtain a valid warrant have been taken before the premature search occurs [citing Murray v. United States, 487 U.S. 533 , 108 S.Ct. 2529 , 101 L.Ed.2d 472 (1988)]. . . .
discussed Cited "see, e.g." State v. Flores
La. · 2010 · signal: see also · confidence medium
See Murray v. United States, 487 U.S. 533, 539 , 108 S.Ct. 2529, 2534 , 101 L.Ed.2d 472 (1988)(“The inevitable discovery doctrine, with its distinct requirements, is in reality an extrapolation from the independent source doctrine: Since the tainted evidence would be admissible if in fact discovered through an independent source, it should be admissible if it inevitably would have been discovered.”); see also United States v. Elder, 466 F.3d 1090, 1091 (7th Cir.2006)(“The usual understanding of that doctrine is that the exclusionary rule should not be applied when all the steps required …
discussed Cited "see, e.g." David Nail v. J. Gutierrez
7th Cir. · 2009 · signal: see, e.g. · confidence medium
See, e.g., United States v. Elder, 466 F.3d 1090, 1091 (7th Cir.2006) (holding that officers’ warrantless entry was justified to assure safety of person who called 911); United States v. Najar, 451 F.3d 710, 719-20 (10th Cir.2006) (ruling that exigent circumstances justified warrantless entry where 911 caller hung up and when defendant answered door he acted suspiciously).
discussed Cited "see, e.g." United States v. Bell, Francis J.
7th Cir. · 2007 · signal: see also · confidence low
Stuart, 126 S. Ct. at 1949 ; see also United States v. Elder, 466 F.3d 1090 -91 (7th Cir. 2006) (upholding a warrantless search where a brief and anonymous call about a methamphetamine lab signaled police that the caller might be in danger).
discussed Cited "see, e.g." United States v. Bell
7th Cir. · 2007 · signal: see also · confidence low
Stuart, 126 S.Ct. at 1949 ; see also United States v. Elder, 466 F.3d 1090 -91 (7th Cir.2006) (upholding a warrantless search where a brief and anonymous call about a methamphetamine lab signaled police that the caller might be in danger).
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee,
v.
Mark A. ELDER, Defendant-Appellant
05-3106.
Court of Appeals for the Seventh Circuit.
Nov 1, 2006.
466 F.3d 1090
Eugene L. Miller (argued), Office of the United States Attorney Urbana Division, Urbana, IL, for Plaintiff-Appellee., Hannah V. Garst (argued), Chicago, IL, for Defendant-Appellant.
Posner, Easterbrook, Sykes.
Cited by 23 opinions  |  Published  |  criminal
1 passage pin-cited by 1 case
Pinpoint authority: bottom 69%
Citer courts: Louisiana Court of Appeal (1)
EASTERBROOK, Circuit Judge.

The only question presented in this appeal is whether the district court should have suppressed evidence found in a shed that Mark Elder used to make methamphetamine. Like the district court, we conclude that the search and seizure were not unreasonable under the fourth amendment.

A 911 call led to the dispatch of two officers to a farm in Humbolt, Illinois. A caller had told the dispatcher “I think we got meth out here” and added that “suspicious” people were “flying like quails.” The caller hung up, and when the dispatcher called the originating number no one answered. One obvious possibility was that the caller had been injured. Officers saw lights and heard a TV within the farm house, but no one answered knocks on the front or rear doors. The door of a nearby outbuilding was open. (Whether it was open was disputed in the district court; the judge found that it was open and did not commit clear error in doing so.)

Looking through the doorway, the officers saw what appeared to be a laboratory. They entered in search of the caller and did not find him. But what they saw from outside (and both saw and smelled from inside) provided evidence against Elder, the property’s owner. The caller turned out to have been Elder’s father, who had not been abducted or injured — though the officers could not have known that without checking, because even if (as Elder maintains) they knew or should have known that the proprietors of the meth lab were fleeing during the 911 call, the officers could not have known whether they took a[*1091] hostage (or a life) in the process, or whether some third party was refusing to acknowledge his or her presence, and what danger that person posed (or was in).

The entry into the outbuilding was reasonable, and a warrant was not essential to make it so. The officers acted sensibly in attempting to assure the caller’s safety. The fact that drug dealers often use guns and knives to protect their operations created a possibility that violence had been done, or that someone was still there and lying in wait. So considerations of safety — the caller’s and the officers’ — made a look-see prudent. See Brigham City v. Stuart, — U.S.-, 126 S.Ct. 1943, 164 L.Ed.2d 650 (2006); Maryland v. Buie, 494 U.S. 325, 110 S.Ct. 1093, 108 L.Ed.2d 276 (1990). Everything else followed from there, and the evidence was admissible against Elder. His argument that police cannot take steps to protect a caller’s safety unless they know the caller’s identity and “reliability” would require them to act -im-reasonably. Many 911 calls are brief, and anonymous, precisely because the speaker is at risk and must conceal the call. These persons are more rather than less in need of assistance.

Because a warrant was not required, we need not express any view on the district court’s conclusion that the inevitable-discovery doctrine independently defeats the motion to suppress the evidence. The usual understanding of that doctrine is that the exclusionary rule should not be applied when all the steps required to obtain a valid warrant have been taken before the premature search occurs. See Murray v. United States, 487 U.S. 533, 108 S.Ct. 2529, 101 L.Ed.2d 472 (1988); Nix v. Williams, 467 U.S. 431, 104 S.Ct. 2501, 81 L.Ed.2d 377 (1984). If probable cause alone — without putting in train the process of applying for a warrant — -were enough to invoke the inevitable-discovery doctrine, that would have the same effect as limiting the exclusionary rule to searches conducted without probable cause.

Perhaps that would be a good development; the main requirement of the fourth amendment, after all, is that the search be reasonable. See United States v. Edwards, 415 U.S. 800, 807, 94 S.Ct. 1234, 39 L.Ed.2d 771 (1974). The exclusionary rule comes at such high cost to the administration of the criminal justice system that its application might sensibly be confined to violations of the reasonableness requirement. Cf. Hudson v. Michigan, — U.S. -, 126 S.Ct. 2159, 165 L.Ed.2d 56 (2006). When a warrant is sure to issue (if sought), the exclusionary “remedy” is not a remedy, for no legitimate privacy interest has been invaded without good justification, but is instead a substantial punishment of the general public. (Unlike an award of damages, exclusion does not punish the wrongdoer.) Allowing the criminal to go free because of an administrative gaffe that does not affect substantial rights seems excessive. But whether to trim the exclusionary rule in this fashion is a decision for the Supreme Court rather than a court of appeals.

Affirmed