924 F.3d 476
8th Cir.2019Background
- Police executed a controlled buy in which a confidential informant purchased cocaine from Bradley; the informant positively identified Bradley and the cocaine field-tested positive.
- Detective Weber’s affidavit for a GPS-tracking warrant also recited tips from two cooperating citizens and a Crimestoppers caller linking Bradley and his truck to drug dealing, recent surveillance of a suspected short-term drug transaction, and Bradley’s prior drug convictions. A state judge issued the GPS warrant.
- GPS data and surveillance led to search warrants for Bradley’s truck and a Boone County residence; police found ~151 g cocaine and ~28 g cocaine base in the truck and four firearms and over $12,000 in the residence. Bradley admitted (post-Miranda) knowledge of firearm locations and said the firearms belonged to his girlfriend.
- Bradley moved to suppress evidence and statements, sought a Franks hearing and disclosure/production about informants and the controlled buy, and later challenged admission of jail-call statements and moved for acquittal. Magistrate judges and the district court denied suppression, Franks/disclosure/production, and acquittal; a jury convicted on drug-possession-with-intent and felon-in-possession counts.
- On appeal Bradley argued (1) the GPS warrant lacked probable cause; (2) he was entitled to a Franks hearing and disclosure/production of informant/tipster information; (3) the evidence was insufficient; and (4) two post-arrest jail statements should have been excluded. The Eighth Circuit affirmed on all counts.
Issues
| Issue | Plaintiff's Argument (Bradley) | Defendant's Argument (United States) | Held |
|---|---|---|---|
| Probable cause for GPS warrant | Controlled-buy affidavit was unreliable and other tips were stale/insufficient | Controlled buy was supervised and reliable; corroboration from multiple tips and vehicle details supported probable cause | Warrant supported by probable cause; issuing judge had substantial basis to conclude probable cause existed |
| Franks hearing and disclosure of informant identities/benefits | Affidavit contained false or reckless statements/omissions; informant/tipster testimony would be material | No substantial preliminary showing of falsehood; informant/tipster identities not shown to be material to defense | Denial of Franks hearing and refusal to compel disclosure/production not an abuse of discretion |
| Sufficiency of evidence (acquittal) | Presence at scenes and shared access to vehicle/residence insufficient to prove knowing possession | Constructive possession based on dominion, control, location of evidence, admissions, vehicle title, and re-titling evidence | Evidence sufficient for convictions; reasonable inferences support constructive possession |
| Admission of jail-call statements | Statements were improper prior-bad-acts evidence and unduly prejudicial | Statements show consciousness of guilt and are intrinsic to charged crimes; Rule 404(b) inapplicable; not unfairly prejudicial under Rule 403 | Admission proper; statements are intrinsic evidence of consciousness of guilt |
Key Cases Cited
- United States v. Jones, 565 U.S. 400 (search by GPS requires probable cause and warrant)
- Illinois v. Gates, 462 U.S. 213 (totality-of-the-circumstances test for probable cause)
- Franks v. Delaware, 438 U.S. 154 (standard for evidentiary hearing on alleged false statements in warrant affidavits)
- Roviaro v. United States, 353 U.S. 53 (informant disclosure balancing test)
- United States v. Faulkner, 826 F.3d 1139 (informant reliability and GPS warrant issues)
- United States v. Hart, 544 F.3d 911 (controlled buy plus informant reliability establishes probable cause)
- United States v. Harrington, 951 F.2d 876 (informant identity disclosure standard)
- United States v. Skarda, 845 F.3d 370 (statements showing consciousness of guilt are intrinsic and not governed by Rule 404(b))
- United States v. Ellis, 817 F.3d 570 (constructive possession elements)