United States v. Allen
2011 U.S. App. LEXIS 1195
| 4th Cir. | 2011Background
- Allen was indicted for possessing a .44 revolver after felony conviction (Firearm Offense) and later for possessing ammunition (Ammunition Offense); the revolver was seized during a Store search and the ammunition during a residence search.
- Three warrants were obtained: First Warrant for the AFA Store (firearms and DNA), Second Warrant for Allen’s DNA, and Third Warrant for Allen’s Punjab Circle residence (firearms) based on a confidential informant.
- Detective Wade’s First Warrant affidavit described the chaotic shooting scene and stated the revolver was in plain view; Niedermeier later testified the revolver was in a cabinet drawer inside the Store.
- Allen moved to suppress the evidence and sought a Franks hearing; the district court denied suppression and denied a Franks hearing.
- Allen entered a conditional guilty plea to the Ammunition Offense, reserving appeal of the suppression rulings; the court sentenced him to 48 months and three years of supervised release.
- On appeal, the Fourth Circuit reviews suppression rulings de novo and factual findings for clear error.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Franks hearing eligibility | Allen seeks Franks hearing on false statements in Wade affidavit. | Allen contends falsities affected probable cause. | No Franks hearing required; inaccuracies were unnecessary to probable cause, but probative evidence remained. |
| Validity of First Warrant despite alleged taint | Niedermeier’s entry tainted the First Warrant. | tainted information should negate warrant. | Untainted evidence in Wade’s affidavit supports probable cause; First Warrant upheld. |
| Third Warrant probable cause and nexus | Slackman’s affidavit lacks probable cause and CI reliability is insufficient. | CI reliability established; nexus shown; warrant valid under totality of circumstances. | Third Warrant supported probable cause and proper nexus; ammunition suppression denied. |
Key Cases Cited
- Franks v. Delaware, 438 U.S. 154 (U.S. 1978) (establishes the Franks presumption for a hearing on warrant affidavit veracity)
- Illinois v. Gates, 462 U.S. 213 (U.S. 1983) (probable cause evaluated under totality of the circumstances)
- Ornelas v. United States, 517 U.S. 690 (U.S. 1996) (probable cause standard defined in pretrial decisions)
- United States v. Karo, 468 U.S. 705 (U.S. 1984) (taint analysis and inevitable discovery considerations)
- United States v. Gates, 462 U.S. 213 (U.S. 1983) (probable cause standard and totality approach (duplicate due to emphasis))
- United States v. Grossman, 400 F.3d 212 (4th Cir. 2005) (nexus and totality of the circumstances in warrant analysis)
- United States v. Wilhelm, 80 F.3d 116 (4th Cir. 1996) (probable cause and warrant-related standards in Fourth Circuit)
- United States v. Blatstein, 482 F.3d 725 (4th Cir. 2007) (standard for suppression rulings and factual review)
- United States v. Richardson, 607 F.3d 357 (4th Cir. 2010) (probable cause and the totality of circumstances under Fourth Circuit view)