845 F.3d 370
8th Cir.2016Background
- On October 7, 2013, Lynn Starr was arrested; her phone and statements identified Randy Skarda as a long‑time methamphetamine supplier and described his residence (one‑bed metal dwelling under construction, adjacent quonset, equipment on property).
- FBI Special Agent Coulter applied for a search warrant using a Department of Transportation address (10952) that turned out to be incorrect; a magistrate signed the warrant at 4:15 p.m.
- Before execution, local officers realized the address error, obtained the correct address (10841), verified the property matched Starr’s description (on‑site and via Google Earth), and Coulter contacted the magistrate by phone to correct and initial the warrant at ~6:16 p.m.; the call was not recorded.
- Officers executed the corrected warrant at 6:58 p.m., seizing drugs, cash, and firearms; Skarda and his girlfriend arrived during the search, shots were fired, and additional items were seized from Skarda and his vehicle.
- Skarda moved to suppress, arguing the address change violated Fed. R. Crim. P. 41 and 4.1 and that the warrant lacked particularized probable cause; the district court denied suppression and admitted witness‑intimidation evidence at trial; Skarda was convicted and sentenced to concurrent 120‑month terms and appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether unrecorded telephone testimony and a handwritten address change violated Rules 41/4.1 and required suppression | Skarda: magistrate’s failure to record the telephone correction violated Rule 4.1 and warranted exclusion of evidence | Government/District Court: violation occurred but was not of constitutional magnitude, not prejudicial, and not deliberate; exclusion is inappropriate | Court: Rule 4.1 was violated but exclusionary remedy inappropriate; suppression denied |
| Whether the warrant (as corrected) lacked particularized probable cause for the 10841 property | Skarda: affidavit only supported the original (incorrect) address; corrected address lacked a sufficient nexus to contraband | Government: Starr’s testimony, CS‑5 corroboration, and verification established a nexus and particularized description for 10841 | Court: Probable cause and particularity adequately supported search of 10841; warrant valid |
| Whether good‑faith exception applies to save seized evidence if warrant defective | Skarda: good‑faith exception should not apply if warrant invalid | Government: even if defective, officers reasonably relied on magistrate’s warrant; Leon protects evidence | Court: Not necessary to resolve because court found probable cause, but noted good‑faith would likely apply |
| Whether admission of testimony about Skarda’s alleged intimidation of witness (casino encounter) warranted a new trial | Skarda: testimony was unfairly prejudicial and should have been excluded under Rule 403/404(b) | Government: testimony was direct evidence of consciousness of guilt, admissible and not unfairly prejudicial | Court: Admission was not an abuse of discretion; evidence probative of consciousness of guilt and Rule 403 balance favored admission |
Key Cases Cited
- United States v. Leon, 468 U.S. 897 (good‑faith exception to exclusionary rule)
- Steagald v. United States, 451 U.S. 204 (warrant must be supported by probable cause to believe contraband is located at particular place)
- Illinois v. Gates, 462 U.S. 213 (totality‑of‑the‑circumstances test for probable cause)
- United States v. Cote, 569 F.3d 391 (Fourth Amendment does not require recording of magistrate’s supplementary oral testimony)
- United States v. Zierke, 618 F.3d 755 (threats against witnesses admissible to show consciousness of guilt)
- United States v. Weir, 575 F.2d 668 (other‑crimes evidence admitted for identity can be unduly prejudicial under Rule 403)