United States v. Shaquandis Thurmond
782 F.3d 1042
8th Cir.2015Background
- Thurmond appeals district court denial of suppression after a conditional guilty plea to possession of an unregistered short-barreled firearm.
- A trash pull near Thurmond's residence on Feb. 18, 2013 revealed marijuana paraphernalia and a State of Iowa Disability Determination Service document in Thurmond's name at the address.
- A field test of suspected marijuana from the trash was positive for THC, and officers observed a white van at the residence matching a previously supplied license plate.
- Surveillance on Feb. 20 showed activity at the residence but no evidence of drug sale; Thurmond had a prior arrest for possession of a controlled substance and a juvenile history involving drugs.
- A search warrant was issued and executed, yielding a sawed-off shotgun, marijuana and paraphernalia, and Thurmond-related documents; the magistrate and district court denied suppression, applying probable cause and Leon's good-faith exception.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was there probable cause to issue the warrant? | Thurmond argues de minimis marijuana finds and delay negate probable cause. | Thurmond contends Briscoe/Allebach support probable cause from trash and history; delay not fatal. | Probable cause supported by totality of circumstances. |
| Did the two-day delay extinguish probable cause or affect Leon’s good-faith analysis? | Delay in seeking the warrant undermines the link to probable cause. | Delay did not diminish probable cause; good-faith inquiry unnecessary to resolve on appeal. | Delay did not defeat probable cause; good-faith issue not reached. |
Key Cases Cited
- United States v. Briscoe, 317 F.3d 906 (8th Cir. 2003) (trash evidence can establish probable cause)
- United States v. Allebach, 526 F.3d 385 (8th Cir. 2008) (trash material supports probable cause)
- United States v. Riedesel, 987 F.2d 1383 (8th Cir. 1993) (probable cause judged on totality of circumstances)
- United States v. Jones, 535 F.3d 886 (8th Cir. 2008) (probable cause and suppression standard reviewed de novo)
- United States v. Leon, 468 U.S. 897 (1984) (good-faith exception to exclusionary rule)