United States v. Garreau
658 F.3d 854
8th Cir.2011Background
- FBI received a confidential tip that Garreau was traveling from Eagle Butte to Pierre with a stolen firearm.
- Police learned Garreau's driver's license was suspended and he faced an outstanding state warrant.
- Stahl stopped Garreau for speeding, arrested him, and arranged for the vehicle to be towed to protect custody.
- Stahl conducted an inventory search of the vehicle; a firearm was found in a bag under a spare tire in the trunk and later identified as stolen.
- Garreau was charged with possession of a stolen firearm (18 U.S.C. § 922(j)) and possession of a firearm by an unlawful user of controlled substances (18 U.S.C. § 922(g)(3)); moved to suppress evidence and certain statements; magistrate recommended denial of suppression except Miranda issue, district court denied suppression but accepted inevitable discovery to admit firearm.
- Garreau entered a conditional guilty plea and appealed the denial of the suppression motion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the firearm's admission proper under inevitable discovery? | Garreau argues the district court erred by relying on inevitable discovery and waivers, depriving him of full contest. | Garreau contends the district court failed to allow full evidence on inevitable discovery and misapplied the doctrine. | Stahl's search was a valid inventory search; inevitable discovery affirmed. |
| Was Stahl's search of the vehicle lawful inventory search under the Fourth Amendment? | Garreau asserts the search was unlawful as an invalid search incident to arrest. | State argues policy and routine inventory procedures justified the search. | Yes; search conducted under policy-compliant inventory procedures was reasonable. |
| Did the district court err in treating the search as two searches instead of one? | Garreau claims the report shows two searches, undermining inventory basis. | Stahl's report supports a single search culminating in an inventory. | Single search culminating in inventory; no two-search distinction invalidates the result. |
| Are Garreau's at-scene statements and jail urine sample admissible as fruits of an unlawful search? | Garreau seeks suppression under Miranda and fruit-of-the-poisoned-tree theories. | Evidence is admissible for impeachment and not tainted to the same extent by the search. | Remain admissible; denial of suppression affirmed. |
Key Cases Cited
- South Dakota v. Opperman, 428 U.S. 364 (1976) (inventory search protections and purposes for impounded vehicles)
- United States v. Taylor, 636 F.3d 461 (8th Cir. 2011) (inventory search framework and policy-based procedures)
- Florida v. Wells, 495 U.S. 1 (1990) (minor deviations in inventory procedures do not render search invalid)
- United States v. Garner, 181 F.3d 988 (8th Cir. 1999) (investigative motive does not invalidate valid inventory search)
- United States v. Kennedy, 427 F.3d 1136 (8th Cir. 2005) (eyes open for incriminating items during inventory but not for crime)