United States v. James Grant, III
2012 U.S. App. LEXIS 11757
| 9th Cir. | 2012Background
- Grant was convicted of felon in possession of firearms after a warrant to search his Adelanto home yielded two guns and ammunition.
- The warrant sought weapons and related items based on an affidavit tying Grant or his sons to a January homicide and related evidence.
- Affiant Thompson traced connections among Davonte (Grant’s son), James (Grant’s relative), and others to the victim and potential murder weapon.
- The affidavit linked Davonte to the BlackBerry device associated with the homicide and noted an image of a possible murder weapon on Davonte’s phone.
- James’s GPS trail and proximity to Adelanto, plus Benjamin’s Adelanto address, were cited to support Grant’s residence as a location to search, despite weak direct links to the homicide weapon.
- The district court denied suppression, applying Leon’s good faith exception, but Grant pled guilty on the condition of appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Probable cause for the search warrant | Grant contends affidavit lacked probable cause | Grant argues no nexus between Grant’s home and the murder weapon | Probable cause not shown; warrant reversed |
| Leon good faith exception | Government argues Leon applies to permit use of evidence | Leon does not apply due to lack of colorable probable cause | Leon inapplicable; suppression required |
Key Cases Cited
- United States v. Leon, 468 U.S. 897 (1984) (good faith exception to otherwise invalid warrants)
- United States v. Luong, 470 F.3d 898 (9th Cir. 2006) (colorable argument for probable cause required for Leon)
- Messerschmidt v. Millender, 132 S. Ct. 1235 (2012) (high threshold for applying Leon; focus on probable cause nexus)
- United States v. Crews, 502 F.3d 1130 (9th Cir. 2007) (discusses colorable nexus and good faith reliance)
- United States v. Durham, 403 F.2d 190 (9th Cir. 1968) (staleness and continuing pattern considerations for warrants)