United States v. Joey Smith
2013 U.S. App. LEXIS 15815
| 8th Cir. | 2013Background
- Between late 2010 and early 2011, agents conducted controlled buys of crack cocaine from Joey Smith and a trash pull at his residence yielded >200 small plastic baggies consistent with distribution.
- Agents applied for a search warrant on January 25, 2011; the magistrate signed/approved the warrant but the warrant form mistakenly showed the date January 24, 2011 while the application and file stamps showed January 25.
- The warrant was executed on January 26, 2011; agents found crack and other distribution evidence. Smith made incriminating statements after a valid Miranda waiver.
- Smith pleaded guilty pretrial to five distribution counts; he was tried and convicted on possession with intent within 1000 feet of a school and for being a prohibited person in possession of firearms.
- Smith moved to suppress evidence arguing the warrant was invalid due to the incorrect date and that the search occurred before authorization; the district court found the date error clerical, credited that the warrant was authorized before execution, and applied the Leon good-faith exception.
- Smith also moved for judgment of acquittal at trial; the district court denied it and the Eighth Circuit affirmed both the suppression ruling and the sufficiency of the evidence supporting the convictions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Validity of search warrant based on incorrect date on warrant form | The incorrect January 24 date shows the warrant was signed after the search (so no probable cause authorization) or, alternatively, a judge's clerical error invalidates the warrant | The date discrepancy was a clerical/technical error; magistrate approved warrant before execution and Leon good-faith exception applies | Affirmed: date error was clerical/technical; district court's finding that warrant was authorized before execution not clearly erroneous; warrant valid under Leon |
| Motion for judgment of acquittal (sufficiency of evidence) | Evidence was improperly admitted (if suppression granted) and government failed to prove Smith lived at the residence or that evidence linked to him | Government introduced controlled-buy evidence, trash-pull, search results, and Smith's confession linking him to the residence and contraband | Affirmed: viewing evidence in the light most favorable to verdict, a reasonable juror could find guilt beyond a reasonable doubt |
Key Cases Cited
- United States v. Leon, 468 U.S. 897 (Sup. Ct.) (good-faith exception to exclusionary rule)
- United States v. White, 356 F.3d 865 (8th Cir.) (clerical date discrepancy on warrant does not eliminate probable cause)
- United States v. Anderson, 688 F.3d 339 (8th Cir.) (standard of review for suppression factual findings)
- United States v. Clark, 668 F.3d 568 (8th Cir.) (standard for reviewing judgment of acquittal/sufficiency of evidence)
- United States v. McCauley, 715 F.3d 1119 (8th Cir.) (review of evidentiary rulings related to suppression issues)