United States v. Adam Winarske
2013 U.S. App. LEXIS 10156
| 8th Cir. | 2013Background
- Winarske was sentenced to 15 years’ minimum for unlawful firearm possession as an armed career criminal.
- Officer Stein relied on informant Michael Fergel, who provided tips about local crimes and identified Winarske as a potential firearms seller.
- Fergel’s information included Winarske’s name, criminal history, and supervision status, with corroboration by police.
- Police arranged a meeting at a mall on June 29, 2011, and observed Winarske and his girlfriend approach in a matching vehicle.
- Winarske admitted, after Miranda warnings, that a .38 revolver was in a blue bag behind the passenger seat; officers then seized the weapon and ammunition.
- Winarske moved to suppress the gun and ammunition as fruits of an unlawful search, which the district court denied; he appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Probable cause to arrest based on informant tip | Winarske challenges reliability of Fergel | Fergel had a track record and corroborated details | Probable cause established |
| Probable cause to search vehicle under automobile exception | No arrest, no probable cause to search | Probable cause existed to believe evidence was inside vehicle | Search was valid under automobile exception |
| Post-Miranda admission as basis for search | Admission after Miranda suffices for probable cause | Independent basis exists for probable cause | Post-Miranda admission supplied independent probable cause to search |
Key Cases Cited
- Devenpeck v. Alford, 543 U.S. 146 (U.S. 2004) (probable cause and itinerant arrest standard guidance)
- Maryland v. Pringle, 540 U.S. 366 (U.S. 2003) (probable cause standard for warrantless arrests)
- United States v. Caswell, 436 F.3d 894 (8th Cir. 2006) (informant reliability and corroboration support probable cause)
- United States v. Brown, 49 F.3d 1346 (8th Cir. 1995) (informant reliability via track record or predictive information)
- United States v. Taylor, 106 F.3d 801 (8th Cir. 1997) (informant reliability through predictive information)
- United States v. Rodriguez, 414 F.3d 837 (8th Cir. 2005) (reliability established by appearance at time/place for drug transaction)
- Arizona v. Gant, 556 U.S. 332 (U.S. 2009) (vehicle searches following arrestee at time of arrest)
- United States v. Kennedy, 427 F.3d 1136 (8th Cir. 2005) (probable cause to search vehicle under automobile exception)
- United States v. McCarty, 612 F.3d 1020 (8th Cir. 2010) (post-Miranda admission can establish probable cause to search)