State v. WILBERS
2011 Mo. App. LEXIS 881
| Mo. Ct. App. | 2011Background
- Wilbers was convicted in Cole County, Missouri of possession with intent to distribute marijuana (Class B) and possession of methamphetamine (Class C).
- Warrant issued July 1, 2008 based on an affidavit by Investigator B.L. Kyle after a confidential informant (CI) allegedly observed four bags of meth in Wilbers's residence.
- Affidavit stated CI information occurred within the past 48 hours but did not specify a date/time of the observation.
- Trial court denied Wilbers's motion to quash/suppress; Wilbers was found guilty in a bench trial and sentenced to seven years on Count I and a concurrent three years on Count II.
- On appeal, Wilbers contends the warrant lacked probable cause because the affidavit failed to provide a time-specific observation of contraband at the residence.
- Court affirms the convictions, but holds that the warrant was invalid for lack of probable cause; however, the good-faith exception renders the subsequently seized evidence admissible.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Probable cause lacking due to absence of time-specific observation | State contends remaining facts support probable cause | Wilbers asserts no probable cause without time/date of observation | Probable cause not shown; warrant invalid on this basis |
| Whether the good-faith exception applies to admit the evidence | State argues exclusion is unnecessary; Leon/Sheppard allow good-faith reliance | Wilbers argues exclusion should apply due to lacking probable cause | Good-faith exception applies; evidence admissible despite invalid warrant |
Key Cases Cited
- United States v. Gates, 462 U.S. 213 (1983) (probable cause is based on totality of circumstances)
- United States v. Leon, 468 U.S. 897 (1984) (deference to magistrate; exclusionary rule limited when reliance is reasonable)
- Franks v. Delaware, 438 U.S. 154 (1978) (challenge to veracity/accuracy of warrant affidavit in certain circumstances)
- Gates (cited), 462 U.S. 213 (1983) (specifics of reliability and basis for probable cause)
- State v. Neher, 213 S.W.3d 44 (Mo. banc 2007) (great deference to initial probable-cause determination)
- State v. Henry, 292 S.W.3d 358 (Mo. App. W.D. 2009) (review of suppression decisions limited to four-corners of affidavit)
- State v. Woods, 790 S.W.2d 253 (Mo. App. S.D. 1990) (no probable cause where no time/date of observation from informant)
- State v. Pattie, 42 S.W.3d 825 (Mo. App. E.D. 2001) (timeliness vs. type of contraband in determining staleness)
- Herring v. United States, 555 U.S. 135 (2009) (good-faith exception limitations and deterrence balancing)