810 S.E.2d 905
Va. Ct. App.2018Background
- On November 10, 2015 Officer Jon McKay (JADE Task Force) swore an affidavit and obtained a magistrate-issued search warrant for Lamar S. Brown’s residence.
- On the day the affidavit was prepared Brown had been arrested attempting to buy >5 pounds of marijuana; officers recovered >$5,000 on his person and a firearm; he was in a GMC Envoy registered to his wife and seen parked at the residence.
- The affidavit reported: a confidential informant (“Source A”) with prior reliable tips observed Brown with multiple pounds of marijuana and large amounts of cash on more than ten occasions in the prior 45 days; a November 4 attempted robbery/assault (allegedly at Brown’s residence) occurred six days before arrest; and a 2012 incident where deposited currency smelled of marijuana.
- During the execution of the warrant police found two vacuum-sealed bags totaling 394.55 grams of cocaine and $4,551 in cash in the home.
- The circuit court denied Brown’s motion to suppress, invoking the Leon good-faith exception. On appeal the Court of Appeals reviewed whether the affidavit supplied probable cause and affirmed Brown’s conviction, finding the affidavit provided a substantial basis for probable cause (thus rendering Leon unnecessary).
Issues
| Issue | Plaintiff's Argument (Brown) | Defendant's Argument (Commonwealth) | Held |
|---|---|---|---|
| Whether the warrant affidavit established probable cause to search Brown’s residence | Affidavit failed to establish a nexus between the alleged drug activity and the residence; informant did not say cash/drugs were seen at the home | Affidavit’s totality (large marijuana buy, cash, firearm, reliable informant, prior incidents, attempted robbery at residence) supported a fair probability evidence would be at the home | Affidavit provided a substantial basis for probable cause; magistrate reasonably inferred dealer’s residence likely to contain evidence |
| Whether suppression was warranted under Leon or good-faith exception | Suppression appropriate because warrant lacked probable cause and could not be saved by good faith | Circuit court applied Leon; appellate court found probable cause and thus did not need to rely on Leon | Court affirmed denial of suppression on independent probable-cause grounds (did not reach Leon necessity) |
Key Cases Cited
- Illinois v. Gates, 462 U.S. 213 (explains totality-of-the-circumstances and "fair probability" standard for probable cause)
- United States v. Leon, 468 U.S. 897 (establishes good-faith exception to exclusionary rule)
- Gwinn v. Commonwealth, 16 Va. App. 972 (Va. Ct. App.) (magistrate may infer drug-dealing evidence is likely at dealer's residence)
- Adams v. Commonwealth, 275 Va. 260 (Va.) (limits appellate review to facts in the warrant affidavit and related sworn submissions)
- Byrd v. Commonwealth, 57 Va. App. 589 (Va. Ct. App.) (informant reliability can be shown by accurate prior tips)