United States v. Clay
2011 U.S. App. LEXIS 15539
| 8th Cir. | 2011Background
- CI provided DM Police with drug sales from Clay's apartment; CI conducted three controlled marijuana buys with detailed protocols
- CI and officers conducted in-person debriefs; CI identified Clay from a photo; audio from CI's transmitter captured some exchanges
- Officer Hoelscher relied on assistant prosecutor for review; initial warrant application became stale; another warrant issued after third buy
- Warrant applications were reviewed by Polk County Judge Cynthia Moisan; warrants permitted search of Clay's apartment
- Search yielded a loaded pistol, mail at Clay's address, digital scale, cash, and paraphernalia; Clay moved to suppress
- District court denied suppression under Leon good-faith exception; Clay appeals both probable cause and good-faith arguments
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Probable cause support for the warrant | Clay argues CI reliability was not established | Clay contends warrant lacking probable cause due to uncorroborated CI statements | Court did not reach on probable cause; affirmed on good-faith grounds |
| Leon good-faith exception applicability | Clay contends no good-faith reliance due to lack of probable cause | Clay relies on lack of reliability; argues officers should know warrant was illegal | District court's denial affirmed; officers acted in good faith under totality of circumstances |
Key Cases Cited
- United States v. Perry, 531 F.3d 662 (8th Cir. 2008) (good-faith standard for Leon analysis; totality of circumstances)
- United States v. Carpenter, 422 F.3d 738 (8th Cir. 2005) (in-person informant credibility supports good-faith reliance)
- United States v. Kattaria, 553 F.3d 1171 (8th Cir. 2009) (independent corroboration strengthens good-faith reliance)
- United States v. Neal, 528 F.3d 1069 (8th Cir. 2008) (CI information corroboration increases reliability)
- United States v. Johnson, 78 F.3d 1258 (8th Cir. 1996) (attorney consultation before warrant supports objective reasonableness)
- United States v. Warford, 439 F.3d 836 (8th Cir. 2006) (permissible consideration of good-faith in warrant analysis)