Lefferdink v. State
2011 WY 75
| Wyo. | 2011Background
- Undercover deputies monitor LimeWire to identify Albany County users sharing child pornography.
- Lefferdink's IP address downloaded child pornography; Bresnan Communications identified the user as Lefferdink.
- A Bresnan search warrant and then a residence search warrant were issued; both desktops at Lefferdink's address were seized.
- Lefferdink moved to suppress evidence due to Deputy Konija's misstatement of dates/times in affidavits and sought a subpoena for notes/reports.
- District court granted subpoena but quashed due to Rule 17(d) and Wolfe; another subpoena never issued.
- Parties stipulated the misstatement of time/date occurred; court denied suppression, finding misstatement a simple mistake; Lefferdink later pled conditionally to appeal only suppression ruling.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether misstatement of fact in the affidavit was knowingly false or reckless | Lefferdink contends misstatement was deliberate or reckless | State maintains misstatement was negligent/simple-mistake, not deliberate | Misstatement was negligent/mistake; affidavit still sufficient |
| Whether failure to disclose exculpatory Brady material violated due process | Lefferdink asserts Brady material was not disclosed | State disputes the preservation and availability of Brady issue | Brady issue not preserved; not considered |
| Whether probable cause exists to search IP address/residence without the dated times | Lefferdink argues lack of nexus without correct date/time | State argues remaining content supports probable cause within four corners | Probable cause exists; warrants valid without corrected dates |
Key Cases Cited
- Franks v. Delaware, 438 U.S. 154 (U.S. 1978) (False statements in affidavits; remedy when material and false)
- Davis v. State, 859 P.2d 89 (Wyo. 1993) (negligence or innocent mistake not enough to suppress)
- Schirber v. State, 142 P.3d 1169 (Wyo. 2006) (totality of circumstances and four-corners review for probable cause)
- Page v. State, 63 P.3d 904 (Wyo. 2003) (presumption of affidavit validity; great deference to issuing judge)
- Sam v. State, 177 P.3d 1173 (Wyo. 2008) (trial court findings of fact reviewed for clear error; de novo for law)
- Wolfe v. State, 998 P.2d 385 (Wyo. 2000) (compliance with Rule 17 and subpoena requirements)