United States v. Leonard

CourtCourt of Appeals for the Fifth Circuit
DecidedFebruary 11, 2026
Docket23-40652
StatusPublished

This text of United States v. Leonard (United States v. Leonard) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Leonard, (5th Cir. 2026).

Opinion

Case: 23-40652 Document: 82-1 Page: 1 Date Filed: 02/11/2026

United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit

No. 23-40652 FILED ____________ February 11, 2026 Lyle W. Cayce United States of America, Clerk

Plaintiff—Appellant,

versus

Xavier Jerel Leonard,

Defendant—Appellee. ______________________________

Appeal from the United States District Court for the Eastern District of Texas USDC No. 9:22-CR-38-1 ______________________________

Before Elrod, Chief Judge, and Oldham and Wilson, Circuit Judges. Per Curiam: Pursuant to a valid warrant, officers entered a home and seized drugs, cash, and two guns. In the ensuing criminal prosecution, the defendant filed a motion to suppress. The defendant’s original attorney deemed the motion “frivolous.” But the magistrate judge disagreed. She suggested the district court should wield the judge-made exclusionary rule to suppress the evidence. The district court obliged. We reverse. Case: 23-40652 Document: 82-1 Page: 2 Date Filed: 02/11/2026

No. 23-40652

I A The Crockett Police Department received a call that a man was sprawled on the ground in a residential area. When officers arrived on the scene, they spotted a group of concerned neighbors gathered around a 400- pound man. The large man was thrashing about on the grass near the road in nothing but torn underwear. That man was Xavier Leonard. And it is obvious from the officers’ bodycam videos that Leonard was in dire straits. His body was bloodied and bruised. And his only response to questioning was to grunt and flail. After the officers struggled for a few minutes to keep Leonard from smashing his head on the pavement, someone noted that Leonard “smell[ed] like PCP.” Gov’t Ex. 1 at 6:53–55. Officer Kerri Bell, a former EMT who had taken charge of the situation, agreed: “He’s high. Super high.” Id. at 6:53–7:02. Meanwhile, Deputy Juan Noyola arrived. Deputy Noyola was not part of Crockett PD. He was from the Houston County Sherriff’s Office. Deputy Noyola, who had grown up in the area, identified Leonard. A woman present at the scene claimed Leonard was her neighbor and that she had never seen him act this way before. With Deputy Noyola’s help, the officers realized that Leonard’s home was just down the street. So Deputy Noyola went to look around. Deputy Noyola noticed that a side door to the house had been left open. He radioed Officer Bell, who went to assist. Deputy Noyola knocked on the open door and announced: “Crockett PD!” Gov’t Ex. 1 at 9:20–40. Silence.

2 Case: 23-40652 Document: 82-1 Page: 3 Date Filed: 02/11/2026

Drawing her weapon, Officer Bell peeked through the cracked door. The inside of the home was in disarray. Among other things, Officer Bell could see a broken coffee table.

The officers entered. Officer Bell proceeded room by room, shouting, “Police Department, if you’re in here, make yourself known!” Gov’t Ex. 1 at 9:20–11:26. Upon entering the main bedroom, she spotted a gun on the bed. She then opened the closet. “Marijuana plants,” she murmured. Id. at

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10:15–25. In the next bedroom, she found a tent with marijuana plants and multiple containers for PCP or meth. Officer Bell then announced that she would “check[]” the remainder of the potential hiding spots in the home “for safety, and then” they would get “out.” Gov’t Ex. 1 at 11:00–23. The officers were in the home for under two minutes. B Officer Bell then prepared an application for a search warrant. “For safety,” she explained, “and to ensure there were no suspects hiding or fur- ther victims in need of immediate medical attention, the deputy and I made entry into the residence through the open door.” ROA.368. A state judge signed the warrant to search for narcotics, contraband, cash, and firearms. Law enforcement searched Leonard’s home and seized, inter alia, marijuana plants, marijuana, other drugs, cash, and two guns. Leonard was charged with one count of possession of a firearm by a felon under 18 U.S.C. § 922(g)(1) and one count of possession of a firearm in furtherance of a drug-trafficking crime under 18 U.S.C. § 924(c). Leonard wanted his attorney to move to suppress the fruits of the search of his home. But the attorney told Leonard that “would be frivolous.” ROA.227–28. After the attorney informed the court, the court appointed Leonard a new attorney. Leonard’s new attorney filed the motion to suppress. A magistrate judge held a hearing and issued a report recommending that the district court grant Leonard’s motion. The district court adopted the magistrate’s recommendation and suppressed the evidence. The Government appealed. On appeal, it does not contest the merits of the Fourth Amendment issue. It argues only that the exclusionary rule does not apply.

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II The exclusionary rule is a disfavored judge-made remedy, which should be used only as a “last resort.” Hudson v. Michigan, 547 U.S. 586, 591 (2006). It also has many exceptions. For example, unlawfully obtained evidence might nevertheless be admissible under the good faith exception. See United States v. Leon, 468 U.S. 897, 908, 922 (1984). The good faith exception has several offshoots. Relevant here, is our court’s “close enough” doctrine. See United States v. Massi, 761 F.3d 512 (5th Cir. 2014). Evidence is admissible if the officer’s conduct that led to the information in the warrant affidavit was “‘close enough to the line of validity’ that an objectively reasonable officer . . . would believe that the information” gathered “was not tainted by unconstitutional conduct.” Id. at 528. That standard is susceptible to valid criticism. See post, at 14–16 (Oldham, J., concurring). But it is what it is. No matter how we define that “close enough” standard, it’s clearly met here. A large man was half-naked and thrashing about on the ground in a residential neighborhood. He was bruised and bloodied. The people nearby did not know Leonard; they knew only that he had come stumbling up the road before falling. The man himself lacked the wherewithal to offer any further explanation, such as whether he was attacked or was suffering from a medical crisis. All he could do was groan in apparent pain and torment in response to questioning. The officers sought to care for the man in his disturbed and pitiable condition by protecting his head from smashing against the ground and calling emergency medical services. The officers eventually determined that the man’s house was nearby. When they went over to look, they noticed a door to that house had been left open. Through that door, the officers could see a broken coffee table, suggesting a violent struggle had occurred inside. Before entering, they knocked and announced their presence

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as required under the Fourth Amendment. They heard only silence. So they entered. It doesn’t matter whether the officers entered Leonard’s home to clear the area of Leonard’s possible attacker, identify other potential victims of an attack, or to find someone with information that could help with Leonard’s medical care. Any of those reasons could qualify as an exigent circumstance. See, e.g., Michigan v. Fisher, 558 U.S.

Related

Michigan v. Fisher
558 U.S. 45 (Supreme Court, 2009)
Boyd v. United States
116 U.S. 616 (Supreme Court, 1886)
Adams v. New York
192 U.S. 585 (Supreme Court, 1904)
Weeks v. United States
232 U.S. 383 (Supreme Court, 1914)
Silverthorne Lumber Co. v. United States
251 U.S. 385 (Supreme Court, 1920)
Gouled v. United States
255 U.S. 298 (Supreme Court, 1921)
Agnello v. United States
269 U.S. 20 (Supreme Court, 1925)
Nardone v. United States
308 U.S. 338 (Supreme Court, 1939)
Wolf v. Colorado
338 U.S. 25 (Supreme Court, 1949)
Mapp v. Ohio
367 U.S. 643 (Supreme Court, 1961)
United States v. Leon
468 U.S. 897 (Supreme Court, 1984)
Malley v. Briggs
475 U.S. 335 (Supreme Court, 1986)
Illinois v. Krull
480 U.S. 340 (Supreme Court, 1987)
Arizona v. Evans
514 U.S. 1 (Supreme Court, 1995)
Hudson v. Michigan
547 U.S. 586 (Supreme Court, 2006)
Herring v. United States
555 U.S. 135 (Supreme Court, 2009)
Messerschmidt v. Millender
132 S. Ct. 1235 (Supreme Court, 2012)
United States v. Matthew Massi
761 F.3d 512 (Fifth Circuit, 2014)
Mullenix v. Luna
577 U.S. 7 (Supreme Court, 2015)

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United States v. Leonard, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-leonard-ca5-2026.