924 N.W.2d 417
N.D.2019Background
- On July 11, 2017, a Fargo detective, acting on tips about short‑term traffic and heroin distribution at Laverdure’s address, participated in a warrantless search of garbage placed at the curb outside the residence on regular pickup day.
- The curbside trash contained sealed grocery bags; inside officers found a broken glass pipe with meth residue, a small bag with white powdery residue, and four used hypodermic syringes.
- The detective swore an affidavit describing the citizen tips and the garbage search results but did not state who placed the cans at the curb or include mail/other direct indicia linking the trash to Laverdure.
- A magistrate issued a search warrant for Laverdure’s residence; execution uncovered narcotics and paraphernalia, and Laverdure was arrested and charged with possession with intent to deliver.
- Laverdure moved to suppress, arguing the warrant lacked probable cause because the affidavit failed to establish a nexus between the garbage and his residence; the district court denied the motion. He entered a conditional guilty plea reserving the suppression issue for appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the affidavit supplied probable cause to search Laverdure’s residence based on the curbside garbage search and citizen tips | The State: trash contraband plus citizen tips and curb placement on the residence’s regular pickup day supplied a sufficient nexus and probable cause | Laverdure: affidavit lacked residency indicia tying the trash to him; no direct nexus so probable cause was insufficient (relying on Burmeister) | Court: Affirmed—under totality of circumstances the garbage contraband, citizen tips, curb placement/common‑sense inferences provided a substantial basis for probable cause |
Key Cases Cited
- State v. Apland, 858 N.W.2d 915 (N.D. 2015) (framework for reviewing magistrate probable‑cause determinations; totality‑of‑circumstances and deference to magistrate)
- State v. Biwer, 915 N.W.2d 837 (N.D. 2018) (probable cause requires nexus between place to be searched and contraband; circumstantial evidence may establish nexus)
- State v. Schmalz, 744 N.W.2d 734 (N.D. 2008) (probable cause is cumulative; courts may credit inferences of trained officers)
- State v. Jones, 653 N.W.2d 668 (N.D. 2002) (garbage search yielding drug residue can supply probable cause for a warrant)
- State v. Herrick, 567 N.W.2d 336 (N.D. 1997) (garbage placed near defendant’s property with contraband can support inference contraband is at residence)
- State v. Ebel, 723 N.W.2d 375 (N.D. 2006) (citizen informants are presumptively reliable)
- State v. Johnson, 795 N.W.2d 367 (N.D. 2011) (probable cause standard lower than trial guilt standard)
- State v. Duchene, 624 N.W.2d 668 (N.D. 2001) (garbage evidence may support probable cause)
- State v. Erickson, 496 N.W.2d 555 (N.D. 1993) (same: contraband in garbage can support probable cause)