987 F.3d 966
11th Cir.2021Background
- Police conducted two trash pulls from cans at the end of Morales’s driveway (three days apart) and found small amounts of marijuana, burnt blunts, and vacuum-sealed bags labeled “Kush.”
- Detective Saliba applied for a search warrant (omitting an earlier anonymous tip) and a state judge issued the warrant; officers executed it one week later and found a loaded .45 pistol, ammunition, and large quantities of marijuana in the home.
- Morales was indicted on: (1) felon-in-possession of a firearm/ammunition (18 U.S.C. § 922(g)(1)) and (2) possession with intent to distribute marijuana (21 U.S.C. § 841). He moved to suppress the search evidence.
- Magistrate and district courts denied suppression, finding no intentional or reckless falsehoods in the affidavit and that the affidavit (two trash pulls, photos, and the affiant’s narcotics experience) supported a warrant; the district court also applied the Leon good-faith exception.
- Morales challenged suppression and later argued on appeal that Rehaif required dismissal (indictment omitted allegation that he knew of his felon status). The Eleventh Circuit affirmed the convictions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the warrant affidavit established probable cause for the home search | Morales: trash pulls showed only minimal drugs, no clear link to residence, and affidavit omitted material facts; therefore no probable cause | Govt: affidavit recounted two separate trash pulls, photos, described cans as associated with the residence, and affiant’s narcotics experience supported a finding of probable cause | Court: did not resolve probable-cause definitively; even if probable cause lacking, suppression unwarranted under good-faith exception (warrant reliance reasonable) |
| Whether suppression is required under the Leon good-faith exception | Morales: affidavit contained misleading or omitted facts (e.g., nearby vacant lot), making reliance unreasonable | Govt: officers obtained a warrant from a neutral magistrate, did not mislead the judge, and had objectively reasonable reliance | Held: none of the four Leon exceptions applied; officers’ reliance was objectively reasonable; suppression denied |
| Staleness and sufficiency of trash-pull evidence to show ongoing activity | Morales: two-week gap between trash pulls and warrant, small volume, could be stale or isolated | Govt: no controlling precedent holding such evidence stale after two weeks; two pulls three days apart indicate pattern; additional facts known to officer strengthened link | Held: on plain-error review, two-week interval did not render belief in probable cause unreasonable |
| Whether Rehaif makes the indictment jurisdictionally defective for failing to allege knowledge of felon status | Morales: indictment omitted knowledge-of-status element, so court lacked subject-matter jurisdiction | Govt: Rehaif interprets §922(g) to include a mens rea element, but omission of an element in an otherwise descriptive indictment does not deprive the court of jurisdiction | Held: Eleventh Circuit precedent (Moore, McLellan, Innocent) controls; omission is not jurisdictional; conviction stands |
Key Cases Cited
- United States v. Leon, 468 U.S. 897 (1984) (establishes the good-faith exception to the exclusionary rule)
- Illinois v. Gates, 462 U.S. 213 (1983) (probable cause standard: "fair probability" test)
- United States v. Moore, 954 F.3d 1322 (11th Cir. 2020) (holding omission of knowledge-of-status element in §922(g) indictment is not jurisdictional after Rehaif)
- Rehaif v. United States, 139 S. Ct. 2191 (2019) (requires government to prove defendant knew of status making possession unlawful)
- United States v. Martin, 297 F.3d 1308 (11th Cir. 2002) (discusses limits of Leon good-faith exceptions)
- United States v. Robinson, 336 F.3d 1293 (11th Cir. 2003) (applies good-faith exception where affidavit had weaknesses but officers reasonably relied on warrant)