United States v. Clenney
2011 U.S. App. LEXIS 2117
| 4th Cir. | 2011Background
- Clenney was indicted for possession of a firearm by a felon under 18 U.S.C. § 922(g)(1) after a gun was found in his residence.
- He moved to suppress, seeking Franks v. Delaware hearing to challenge warrant affidavits as containing false statements or omissions.
- A Franks hearing was ultimately allowed; testimony concerned a tax-record theft extortion scheme and the origin of the gun.
- Fernald’s affidavits tied the unknown caller to Clenney’s address and to the firearm through phone records and observations.
- The district court denied suppression; Clenney pled guilty with a conditional appeal on the suppression rulings.
- The Fourth Circuit affirmed, addressing Franks challenges, ECPA/ Virginia law issues, Miranda waiver, and delay before the magistrate.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Franks challenge to warrant affidavits | Clenney claims false statements/omissions defeat probable cause | Clenney argues affidavits misled magistrate | No reversible error; statements not false and omissions nonmaterial |
| Omissions in warrant affidavits | Omissions designed to mislead and defeat probable cause | Omissions were not designed to mislead and were nonmaterial | No Franks hearing required; omissions not material to probable cause |
| ECPA/ Virginia law applicability and suppression | Phone records obtained without proper process violate ECPA/Virginia law | Suppression available for statutory violations | No suppression for statutory violations; evidence admissible absent constitutional violation |
| Miranda waiver knowing and intelligent | Waiver did not account for charges against him | Warning sufficient; no duty to inform of charges | Miranda warnings were adequate; waiver knowing and intelligent |
| Pretrial delay before magistrate | Delay beyond six hours presumptively unreasonable | Delay within six hours reasonable under 18 U.S.C. § 3501(c) | Delay within six hours; delay reasonable under federal standards |
Key Cases Cited
- Franks v. Delaware, 438 U.S. 154 (U.S. 1978) (threshold for Franks hearing; false statements require avoidance of probable cause)
- United States v. Tate, 524 F.3d 449 (4th Cir. 2008) (omissions in affidavits require materiality and intent to mislead)
- United States v. Colkley, 899 F.2d 297 (4th Cir. 1990) (omissions and materiality analysis in Franks)
- United States v. Ventresca, 380 U.S. 102 (U.S. 1965) (context of warrant affidavits and reliance on magistrate)
- United States v. Donovan, 429 U.S. 413 (U.S. 1977) (statutory remedies vs. exclusionary rule for nonconstitutional violations)