868 F.3d 657
8th Cir.2017Background
- Gater was convicted of possession with intent to distribute cocaine base and sentenced to 146 months’ imprisonment.
- Officer Sullivan applied for a search warrant to search Gater’s residence, relying on information from two confidential sources on three days in December 2014.
- Source 1 allegedly observed Gater selling cocaine from his truck in Sikeston over two weeks; Source 2 alleged multiple visits with others where Gater possessed more than an ounce of crack cocaine; on December 16 Source 2 saw Gater with approximately five ounces of cocaine, over two pounds of marijuana, and over $20,000 in cash.
- After the warrant was issued, police found crack cocaine, drug paraphernalia, and $4,600 in cash at Gater’s residence.
- Gater, pro se, moved to suppress, claiming Sullivan omitted negative information about the sources; a magistrate judge held a hearing and recommended denial, which the district court adopted.
- Before trial, the government disclosed that the second source was paid $600 for information and had a history of drug use and several misdemeanors.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the district court properly denied a Franks-style hearing | Gater | Gater | Denied; no abuse of discretion |
Key Cases Cited
- Franks v. Delaware, 438 U.S. 154 (U.S. 1978) (establishes a hearing when a false statement is knowingly or recklessly included in an affidavit)
- United States v. Reivich, 793 F.2d 957 (8th Cir. 1986) (extend Franks to omissions)
- United States v. Conant, 799 F.3d 1195 (8th Cir. 2015) (preliminary showing required for a Franks-type hearing)
- United States v. Scott, 610 F.3d 1009 (8th Cir. 2010) (impeachment of credibility factors does not alone negate probable cause)
- United States v. Williams, 477 F.3d 554 (8th Cir. 2007) (credibility factors do not automatically render information unreliable)
- Illinois v. Gates, 462 U.S. 213 (U.S. 1983) (probable cause standard for search warrants)
- United States v. Shockley, 816 F.3d 1058 (8th Cir. 2016) (standard of review for denial of a hearing)
- United States v. Colkley, 899 F.2d 297 (4th Cir. 1990) (framing Omissions and potential concerns in Franks extension)
- United States v. Fowler, 535 F.3d 408 (6th Cir. 2008) (higher bar for material omission in Franks context)