Anderson v. United States
762 F.3d 787
8th Cir.2014Background
- Anderson was convicted of possession with intent to distribute crack cocaine.
- He filed a § 2255 motion alleging ineffective assistance of counsel for failing to move to suppress and for not pursuing a hearing on alleged false statements in a warrant affidavit.
- The warrant affidavit by Officer Hutcheson described two trash pulls at 1214 Bridge Ave., Davenport, IA, on Jan. 21 and Feb. 4, 2008.
- Items found in the trash supported probable cause to search the residence, leading to a warrant and his subsequent trial and conviction.
- The district court dismissed the § 2255 motion without a hearing; Anderson later challenged the denial on appeal and sought post-judgment relief, which was denied.
- This court affirmed, addressing the Franks hearing issue and the sufficiency of the suppression arguments, and declined to supplement the record with additional evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Franks hearing warranted for false statements in affidavit | Anderson asserts Hutcheson lied about curbside trash. | Anderson's counsel should have sought a Franks hearing. | No Franks hearing required; insufficient preliminary showing. |
| Ineffectiveness for not seeking suppression based on trash-cans search | Cans located within curtilage; suppression warranted. | Even if false, February 4 findings independently supported probable cause; suppression futile. | Counsel not ineffective; suppression not warranted. |
| Whether denial of post-judgment relief was proper | New evidence could have altered outcome; court imposed time limits. | Evidence could have been provided earlier; delay unreasonable. | District court did not abuse discretion; evidence untimely. |
Key Cases Cited
- Franks v. Delaware, 438 U.S. 154 (U.S. 1978) (require substantial showings for Franks hearing; falsehood must be shown with proof)
- United States v. Comeaux, 955 F.2d 586 (8th Cir. 1992) (no reasonable expectation of privacy in readily accessible garbage contents)
- United States v. Briscoe, 317 F.3d 906 (8th Cir. 2003) (trash evidence can contribute to probable cause)
- California v. Greenwood, 486 U.S. 35 (U.S. 1988) (garbage left for collection generally not protected by privacy)
- Hamberg v. United States, 675 F.3d 1170 (8th Cir. 2012) (conflicts in circuit law not professionally unreasonable for counsel)
- Jardines v. Florida, 133 S. Ct. 1409 (U.S. 2013) (post-trial relevance; law changed after trial; not governing on Comeaux)