United States v. Seidel
2012 U.S. App. LEXIS 8807
| 8th Cir. | 2012Background
- Deputy sought a warrant to search 410 Fourth Avenue Northeast, Mandan, North Dakota, for controlled substances, drug paraphernalia, pay sheets, currency, cellular telephones, and other indicia of drug traffic.
- A trash pull at the residence on July 8, 2010, yielded nine spiral-bound notebook pages with ledgers, a syringe, a metal paper clip with marijuana residue, and other items suggesting drug activity.
- Officer testified the ledgers were pay-owe sheets mapping drug sales and payments, and the syringe and paper clip indicated controlled-substance use and drug paraphernalia.
- Judge Donald Jorgensen issued a search warrant based on the trash evidence and related testimony, finding probable cause.
- On July 14, 2010, law enforcement seized currency, methamphetamine, cannabis, Xanax, vehicle titles, pay-owe sheets, syringes, scales, drug paraphernalia, and multiple cell phones during the search; Seidel was arrested with additional cash and items.
- Seidel pleaded guilty conditioned on appealing the district court’s denial of his motion to suppress; the district court denied suppression and sentenced him to life imprisonment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Probable cause based on trash pull sufficient? | Seidel argues trash alone does not establish probable cause. | State argues trash yielded pay-owe sheets and paraphernalia linking to residence. | Yes; trash provided substantial probable cause when combined with other facts. |
| Sufficiency of pay-owe sheets and marijuana residue to show criminal activity? | Seidel contends officer’s interpretation of pay-owe sheets was speculative. | State relies on officer’s training and corroborating trash findings. | Probable cause supported by the combination of pay-owe sheets, syringe, and marijuana residue. |
| Need for a written affidavit vs. sworn oral testimony under Rule 41? | Seidel cites Koons/Decker to argue lack of written affidavit undermines legitimacy. | Officer testimony was sworn and recorded, sufficient under Rule 41(d)(2)(B)-(C). | Recorded, sworn oral testimony was sufficient to support the warrant. |
| Good-faith exception applicability if probable cause was lacking? | Not explicitly stated beyond suppression challenge. | Exclusionary rule would apply unless good faith saved the warrant. | Not dispositive; court affirmed based on probable cause finding and proper proceedings. |
Key Cases Cited
- United States v. Reinholz, 245 F.3d 765 (8th Cir.2001) (probable-cause analysis under Gates framework; trash evidence significant)
- United States v. Sumpter, 669 F.2d 1215 (8th Cir.1982) (probable cause from totality of circumstances including trash and tips)
- United States v. Briscoe, 317 F.3d 906 (8th Cir.2003) (trash evidence supports probable cause when coupled with other indicia)
- United States v. Gonzalez-Rodriguez, 239 F.3d 948 (8th Cir.2001) (trash, paraphernalia, and informant corroboration establish probable cause)
- United States v. Hohn, 8 F.3d 1301 (8th Cir.1993) (trash with meth residue and informant tip supports probable cause)
- United States v. Koons, 300 F.3d 985 (8th Cir.2002) (informant tips plus trash can support good-faith belief)
- United States v. Decker, 956 F.2d 773 (8th Cir.1992) (focus on magistrate's conduct in reviewing warrant; oral testimony can suffice)
- United States v. Berkus, 428 F.2d 1148 (8th Cir.1970) (support for use of sworn testimony in lieu of affidavit under Rule 41)
- United States v. Allebach, 526 F.3d 385 (8th Cir.2008) (trash-dictated probable-cause finding supported by other corroborating facts)
- United States v. Timley, 443 F.3d 615 (8th Cir.2006) (trash findings can establish probable cause)