United States v. Silva
2014 U.S. App. LEXIS 2201
1st Cir.2014Background
- Silva was convicted in district court of possessing with intent to defraud counterfeit currency under 18 U.S.C. § 472, and appeals challenging evidentiary rulings, sufficiency of the evidence, and jury instructions.
- Pelletier reported to police that Silva passed him counterfeit currency and had additional counterfeit money and counterfeit IDs, with Silva living out of a silver Cadillac at 25 Linlew Drive.
- Officers approached Silva, obtained his NH driver's license, learned of an outstanding bench warrant, and arrested him; a wallet search revealed counterfeit IDs and counterfeit money.
- Police towed Silva's car and later sought a search warrant; Pelletier claimed Silva had $3,000 in counterfeit currency in the trunk, which informed the warrant application.
- Secret Service later found $2,880 in counterfeit money, a copier/scanner, and a paper cutter in the trunk, and $200 in counterfeit currency in the glove compartment.
- Silva moved to suppress evidence and to invalidate the warrant; the district court denied, and a Franks hearing addressed potential omissions in the warrantAffidavit.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether evidence seized during arrest and subsequent car search was admissible | Silva | Silva | Admissible; no Fourth Amendment error found. |
| Whether there was probable cause to seize and search the vehicle under the automobile exception | Silva | Silva | Probable cause existed; seizure/search proper. |
| Whether the warrant application was fatally flawed for failing to disclose Pelletier's history or bias | Silva | Silva | Franks hearing not warranted; omission did not negate probable cause. |
| Whether sufficient evidence supported the jury's finding of fraudulent intent under 18 U.S.C. § 472 | Silva | Silva | Yes; circumstantial evidence plus prior transactions supported intent. |
| Whether the jury instruction on intent and the use of currency quantity evidence was improper or prejudicial | Silva | Silva | Instruction was appropriate and not unfairly prejudicial. |
Key Cases Cited
- Terry v. Ohio, 392 U.S. 1 (1968) (reasonable suspicion for stops and investigating actions)
- United States v. Am, 564 F.3d 25 (1st Cir. 2009) (reasonable suspicion standard for stop)
- United States v. Arvizu, 534 U.S. 266 (2002) (totality-of-the-circumstances in reasonable suspicion)
- Klaucke v. Daly, 595 F.3d 20 (1st Cir. 2010) (reasonable grounds to perform background/warrant checks)
- Foley v. Kiely, 602 F.3d 28 (1st Cir. 2010) (license refusal and suspicion supported investigation)
- Robinson v. Cook, 706 F.3d 25 (1st Cir. 2013) (automobile exception and probable cause standards)
- Florida v. White, 526 U.S. 559 (1999) (probable cause suffices for search/seizure of vehicle without warrant)
- Hicks, 575 F.3d 130 (1st Cir. 2009) (probable cause and reasonable probability standard)
- Mousli, 511 F.3d 7 (1st Cir. 2007) (possession plus surrounding circumstances may prove intent)
- Pardue, 385 F.3d 101 (1st Cir. 2004) (objective facts govern probable cause determinations)
- Reiner, 500 F.3d 10 (1st Cir. 2007) (Franks framework for omissions and false statements)
- Gates, 462 U.S. 213 (1983) (probable cause requires a fair probability of contraband)
- Sasso, 695 F.3d 25 (1st Cir. 2012) (standard of review for jury instructions)