United States v. Garcia, 707 F.3d 1190

Garcia moved to suppress evidence from a search of his residence, challenging the warrant's validity on stale timing and address mismatch grounds.
An informant described methamphetamine in Garcia's residence, depicted as a single-wide mobile home with number 32 but no street address, and photograph evidence was included in the affidavit.
A state judge issued a warrant on August 7, 2009, authorizing a search forthwith, which was executed on August 16, 2009.
Agents realized the residence pictured did not match 1220 Mescalero Street, but believed the mobile home described could be 1220 Mescalero #32; one agent had prior exposure to the site.
Garcia was found with methamphetamine, marijuana, pills, cash, and other drug-related items inside the home; he pled guilty to possession with intent to distribute and was sentenced to 60 months with four years of supervised release.
The district court denied suppression; on appeal, the Tenth Circuit affirmed, applying de novo review to Fourth Amendment issues.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the warrant was stale for Fourth Amendment purposes	Garcia argues staleness invalidates probable cause.	Garcia argues delay undermines probable cause for search.	Probable cause persisted; delay within applicable time limits did not negate it.
Whether the mismatched address invalidates the search	Garcia emphasizes the address mismatch undermines specificity.	United States v. Dorrough supports practical accuracy; warrant intended to search the described premises.	Address mismatch did not require suppression; description and officers' knowledge sufficed to identify premises.

Shomo, 786 F.2d 981 (10th Cir. 1986) (probable cause must persist to search time; ongoing activity reduces staleness concern)
Dorrough, 927 F.2d 498 (10th Cir. 1991) (practical accuracy controls premises description sufficiency)
Brakeman, 475 F.3d 1206 (10th Cir. 2007) (officer knowledge can supplement warrant to identify premises)
Lora-Solano, 330 F.3d 1288 (10th Cir. 2003) (test for adequacy of location description)
Pervaz, 118 F.3d 1 (1st Cir. 1997) (descriptions and probable cause integration principles)
Sims, 428 F.3d 945 (10th Cir. 2005) (prejudice or intentionality required for exclusion under warrant terms)
Rael, 467 F.2d 333 (10th Cir. 1972) (federal approach to Fourth Amendment searches by state officers)
Elkins, 364 U.S. 206 (1960) (federal law governs reasonableness of searches by state officers)
Madden, 682 F.3d 920 (10th Cir. 2012) (de novo review of suppression decisions; totality of circumstances)
Jones, 701 F.3d 1300 (10th Cir. 2012) (federal law governs reasonableness of searches regardless of magistrate origin)
Gonzales, 535 F.3d 1174 (10th Cir. 2008) (federal reasonableness of searches; interplay with state procedures)