509 F. App'x 815
10th Cir.2013Background
- Dutton pled guilty to one count of possessing an unregistered destructive device.
- He reserved the right to appeal the district court’s denial of his motion to suppress evidence from a storage unit search.
- Affidavit for the warrant relied on conversations via Joe Scott, including statements about Dutton’s bomb-related activities.
- The warrant described Outback storage building unit number 6 and a detailed unit description; the magistrate issued the warrant in a state proceeding.
- Agents seized six glass bottles with homemade napalm from the storage unit; district court denied suppression, upholding probable cause or, alternatively, Leon good faith.
- Appeal argues the affidavit failed to connect the storage unit to Dutton, and that good-faith exception should not apply; the panel reverses and remands.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Probable cause nexus between the storage unit and Dutton | Dutton argues no link shown between unit and him. | Gonzales framework allows some implied link from the affidavit's surrounding facts. | Probable cause missing; nexus not established. |
| applicability of the Leon good-faith exception | Exclusion warranted because affidavit lacks indicia of probable cause. | Officers reasonably relied on the warrant; good faith applies. | Leon good-faith exception does not apply; evidence suppressed. |
| proper application of Gonzales and surrounding precedent | Gonzales supports suppression where there is no explicit link. | Beck/Roach reading allows implied linkage and preservation of evidence. | Affidavit fails to adequately connect location to defendant; suppression required. |
Key Cases Cited
- United States v. Gonzales, 399 F.3d 1225 (10th Cir. 2005) (link between place and defendant must be shown; otherwise suppression)
- United States v. Leon, 468 U.S. 897 (S. Ct. 1984) (good-faith exception to exclusionary rule)
- Messerschmidt v. Millender, 132 S. Ct. 1235 (U.S. 2012) (high threshold for objective reasonableness in good-faith analysis)
- Malley v. Briggs, 475 U.S. 335 (S. Ct. 1986) (magistrate’s approval relevance to objective reasonableness)
- United States v. Roach, 582 F.3d 1192 (10th Cir. 2009) (distinguishes Gonzales and supports implied linkage analysis)