United States v. Mario Smith
715 F.3d 1110
8th Cir.2013Background
- Smith pled guilty to bank fraud, aggravated identity theft, and conspiracy; appeals denial of motion to suppress.
- An impersonator targeted U.S. Bank to obtain a cash vault delivery, using emails from false accounts and free wireless points; scheme traced to AmerenUE involvement.
- FBI linked the suspect to the Los Angeles case and identified Smith by voice, email data, and a YouTube account under 'bigdaddyallday'.
- Surveillance on June 20, 2011 followed a call to U.S. Bank; Smith, with Sahib Lewis, retrieved a laptop bag and was arrested at Quizno's; he urged Lewis to take the bag.
- Agents seized the bag, three cell phones, and later a laptop; the items were placed in a Faraday bag and later inventoried; Smith admitted involvement after Miranda.
- A warrant was obtained for the bag, laptop, and four cell phones; Smith challenged the arrest, seizure, inventory, and the post-warrant search via Franks.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Probable cause to arrest and taint from LA search | Smith argues no probable cause and that LA search tainted evidence. | Smith contends likelihood of guilt not sufficiently particularized; taint via LA search undermines probable cause. | Probable cause supported; attenuation doctrine applies. |
| Seizure of the bag and inventory search | Bag seizure not justified; inventory search not proper. | Seizure needed to preserve evidence; inventory search deviations do not invalidate it. | seizure justified; inventory search reasonable under circumstances. |
| Franks challenge to warrant | Affidavit contained false/misleading statements or omissions affecting probable cause. | Any inaccuracies were not intentional; still probable cause supported. | No clearly erroneous finding; Franks challenge failed. |
Key Cases Cited
- Wong Sun v. United States, 371 F.2d 471 (U.S. 1963) (taint attenuation doctrine applicability)
- United States v. Watson, 950 F.2d 505 (8th Cir. 1991) (attenuation of taint from illegal search)
- United States v. Clutter, 674 F.3d 980 (8th Cir. 2012) (necessity of seizure to preserve evidence)
- United States v. Garreau, 658 F.3d 854 (8th Cir. 2011) (inventory searches may deviate from procedure)
- United States v. Taylor, 636 F.3d 461 (8th Cir. 2011) (inventory search reasonableness under totality of circumstances)
- Franks v. Delaware, 438 U.S. 154 (U.S. 1978) (requirement to show intentional or reckless false statements)
- United States v. Puckett, 466 F.3d 626 (8th Cir. 2006) (standard for reviewing Franks challenges)
- Ornelas v. United States, 517 U.S. 690 (U.S. 1996) (objective test for probable cause)
- United States v. Chauncey, 420 F.3d 864 (8th Cir. 2005) (probable cause standard to arrest)
- United States v. Riley, 684 F.3d 758 (8th Cir. 2012) (suppression standard on appellate review)