United States v. Clark
2011 U.S. App. LEXIS 4506
| 2d Cir. | 2011Background
- Clark is indicted on two counts of cocaine base possession and distribution in the Western District of New York.
- A warrant was issued to search 1015 Fairfield Ave, a multi-family dwelling, for drugs and related items, authorizing broad access to all occupants and areas of the premises.
- The warrant affidavit relied on an unknown-reliability informant asserting Clark’s full control over the building and on police observations of Clark entering and remaining at the premises plus two controlled drug buys at the location.
- Execution of the warrant yielded cocaine base, cash, and drug paraphernalia; Clark was arrested and Mirandized.
- The district court suppressed the physical evidence and Clark’s post-arrest statement, ruling the warrant lacked probable cause and that Leon’s good-faith exception did not apply.
- The Second Circuit reversed, holding that while probable cause to search the entire building was lacking, the good-faith exception to the exclusionary rule applies to defeat suppression.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Probable cause to search entire building | USA argues probable cause to search the whole building existed. | Clark contends the warrant was overbroad and not supported for all units. | Probable cause to search all units not shown; not a grounds for suppression due to good faith. |
| Good faith exception applicability | USA contends Leon's good-faith exception applies despite defects. | Clark argues the warrant was so defective that reliance was unreasonable. | Good faith exception applies; suppression reversed. |
| Effect of control allegations on probable cause | USA relies on control over the building to justify a multi-unit search. | Clark argues control cannot establish probable cause for all units without specifics. | Control alone insufficient; nonetheless good faith supports the search under totality. |
| Magistrate neutrality and facial validity | USA maintains magistrate acted neutrally and warrant not facially defective. | Clark asserts potential abandonment or facial defects undermine reliance. | Magistrate did not abandon neutrality; warrant not facially invalid; reliance reasonable under Leon. |
Key Cases Cited
- Illinois v. Gates, 462 U.S. 213 (1983) (probable cause is based on totality of circumstances)
- United States v. Leon, 468 U.S. 897 (1984) (good-faith exception to exclusionary rule)
- Massachusetts v. Sheppard, 468 U.S. 981 (1984) (facial defects in warrant can be addressed by considering execution and probable cause)
- Groh v. Ramirez, 540 U.S. 551 (2004) (warrant must specify place and items to be seized; absence precludes reasonable reliance)
- Herring v. United States, 555 U.S. 135 (2009) (exclusionary rule is not automatic; deterrence and circumstances matter)