United States v. Brian David Hill

Defendant, Brian Hill, entered a conditional guilty plea to various weapons offenses. He appeals on the grounds' that the district court erred by denying a motion to suppress evidence seized at his home. We reverse and remand for further proceedings.

I. Probable Cause

Hill first contends the warrant authorizing the search of his home was not supported by probable cause. The affidavit in support of the warrant recited that three neighbors had reported being awakened by gunfire in the backyard of Hill’s residence in the City of Portland shortly after two in the morning. One of the neighbors stated that he had looked out his upstairs window after hearing the shots and seen Hill in his backyard holding a firearm, that looked “small, like a hand gun,” that he had called out to the defendant by name, and that Hill had then turned away, covered the firearm with his arm, walked to the front door of his residence, and went inside. The affidavit also indicated that during the previous month the officer had confiscated “in excess of 20 firearms” from Hill’s home. Finally, the affidavit noted that Oregon statutes authorized seizure of “fruits of the crime” and “property that has been used…