State of Minnesota v. Eric Jason Yankovec
A15-1651
| Minn. Ct. App. | Nov 7, 2016Background
- CI tip: Yankovec was allegedly selling meth from his girlfriend D.R.’s Maple Plain apartment; tip included descriptions later verified by police.
- Drug-detection dog alerted at D.R.’s apartment; police obtained and executed a warrant for that apartment and found suspected narcotics, paperwork referencing a CO2-powered air gun, and rental records showing Yankovec rented a Bloomington storage unit.
- Detective Stanger, based on training/experience and the apartment search results, obtained a second warrant the same day to search Yankovec’s storage unit; officers then searched and seized a handgun, two BB guns, and ammunition.
- Yankovec, a convicted felon, was charged with three counts of prohibited-person-in-possession of a firearm and moved to suppress the storage-unit evidence; the district court denied suppression and ruled the second warrant was supported by probable cause.
- After a jury conviction and statutory sentence, Yankovec appealed arguing the second warrant lacked probable cause because the affidavit failed to establish a sufficient nexus between the apartment evidence and the storage unit.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the second warrant alleging probable cause to search the storage unit was supported by a sufficient nexus to Yankovec’s criminal activity | Affiant’s facts (CI, dog alert, narcotics and rental records at apartment) plus officers’ training/experience established a fair probability contraband/firearms were in the storage unit | The apartment search produced indicia linking Yankovec to the storage unit and officers reasonably relied on experience to infer storage of drugs/firearms there | Reversed: affidavit failed to show a direct nexus between the criminal activity and the storage unit; probable cause lacking |
Key Cases Cited
- State v. Carter, 697 N.W.2d 199 (Minn. 2005) (probable cause requires a direct connection between alleged criminal activity and place to be searched)
- State v. Kahn, 555 N.W.2d 15 (Minn. App. 1996) (insufficient nexus where possession at one location was remote from the residence searched)
- State v. Jenkins, 782 N.W.2d 211 (Minn. 2010) (appellate review of magistrate’s probable-cause determination assesses whether there was a substantial basis for the finding)