640 F.3d 843
8th Cir.2011Background
- Police observed Johnson at a residence on Pleasant View Drive in Des Moines, Iowa, leading to a December 16, 2009 warrant to search that residence and connected vehicles; the warrant limited vehicle searches to those “specifically connected to occupants or permanent residents” of the location.
- Johnson was arrested as he drove away in a Ford Expedition, and officers brought him back to the Pleasant View residence with keys to the residence on his person, though he claimed the residence was not his.
- Limanda Johnson arrived and testified Johnson stayed at Pleasant View regularly and had a history of staying there, but she also claimed he maintained his own residence on 36th Street for the past three years.
- In the driveway, a green Mercedes allegedly belonged to Johnson; a key to the Mercedes was found inside the Pleasant View residence, and officers used it to search the car.
- A second search warrant was then obtained to search Johnson’s 36th Street residence, where a bag of .25 caliber ammunition was found.
- After the district court denied the suppression motion, Johnson pled guilty to being a felon in possession of a firearm and ammunition, with the court ordering forfeiture of the firearm and ammunition.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Mercedes search exceeded the warrant’s scope | Johnson is not an occupant or permanent resident | Johnson asserts he was not within the warrant’s target scope | Search within the warrant’s scope; no violation |
| Whether Johnson qualifies as an occupant under the warrant | Johnson regularly stayed at Pleasant View and had keys | Occupant status is restricted and not shown | Johnson qualifies as an occupant under the warrant |
Key Cases Cited
- United States v. Pennington, 287 F.3d 739 (8th Cir. 2002) (vehicle on premises within scope of premises warrant unless limited by the warrant)
- United States v. Reivich, 793 F.2d 957 (8th Cir. 1986) (vehicle searches tied to described premises and occupants)
- United States v. Peters, 92 F.3d 768 (8th Cir. 1996) (construes state-court warrant language for scope)
- United States v. Goodwin-Bey, 584 F.3d 1117 (8th Cir. 2009) (review of suppression ruling; de novo ultimate Fourth Amendment question)