382 S.W.3d 147
Mo. Ct. App.2012Background
- State of Missouri appeals the Jackson County Circuit Court’s suppression order suppressing Tyrone Brown’s evidence from the home-invasion robbery case.
- Brown was indicted on robbery, armed criminal action, and burglary; the suppression court granted relief based on allegedly unlawful searches.
- Police information tied Brown to a Norton Street residence and an Indiana Avenue address linked to the Poddig-Jenkins robbery; a Malibu rental car tied to a shooting scene was also involved.
- A no-knock Norton warrant was executed; weapons and Poddig-Jenkins property were found; fingerprints connected Brown to the robbery.
- Police later sought a warrant for 2814 Indiana based on the Norton search and surveillance; Indiana search yielded additional firearms and Robbery-period evidence.
- The circuit court’s suppression order held the Malibu search unlawful (standing and consent issues) and the Norton/Indiana searches tainted by tainted information; the State challenges the rulings and argues the warrant affidavits supported probable cause; the State seeks reversal and remand for further proceedings, including possible Franks considerations.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Standing to challenge Malibu search | Brown, as a rental-car user, had Fourth Amendment standing. | Brown lacked a legitimate expectation of privacy in the Malibu. | Brown lacked standing; Malibu search upheld as warrant-based later issue. |
| Probable cause for Norton warrant | Affidavit, including confidential informant, established probable cause. | tainted information from Malibu could no longer support probable cause. | Probable cause supported; Norton warrant valid. |
| Probable cause for Indiana warrant | Norton information and surveillance provided probable cause for Indiana search. | tainted taint from Norton undermined Indiana warrant. | Indiana warrant valid in light of Norton information. |
| Franks considerations potential | There may be false statements in the affidavits that undermine probable cause. | Franks not properly invoked in the record. | Remand possible Franks proceedings; not decided on the merits here. |
| Standard of review for warrantless vs. warrant-based searches | Different standards apply; trial court’s findings deserve deference for w/o warrants. | Initial probable cause review should be de novo against four-corners test. | Court reconfirms deference to magistrate’s probable-cause determination for warrants; de novo review on tainted-info issues. |
Key Cases Cited
- State v. Neher, 213 S.W.3d 44 (Mo. banc 2007) (great deference to issuing judge’s probable cause determination; four-corners review continues to apply when taint is present)
- State v. Berry, 801 S.W.2d 64 (Mo. banc 1990) (test for probable cause based on detailed anonymous-information corroboration)
- Illinois v. Gates, 462 U.S. 213 (1983) (totality-of-the-circumstances reasonable-probability standard for probable cause)
- Franks v. Delaware, 438 U.S. 154 (198, 98 S.Ct. 2674) (exception allowing a Franks hearing when a defendant shows deliberate falsehood or reckless disregard in a warrant affidavit)
- State v. Laws, 801 S.W.2d 68 (Mo. banc 1990) (probable cause review constrained to four corners unless tainted information is excised)