United States v. Stephen Leonard
884 F.3d 730
7th Cir.2018Background
- A confidential tip reported that Courtney Watson was selling drugs from the home she shared with her husband, Stephen Leonard. Police conducted two garbage pulls from sealed bags left in a public alley one week apart; both tested positive for cannabis and contained indicia of residency.
- Officers obtained a state search warrant based on the tip, the two positive trash tests, and Watson’s criminal history; they executed the warrant and found drugs and a semi-automatic handgun that Leonard admitted owning. Leonard, a felon, was charged under 18 U.S.C. § 922(g)(1).
- At the search, officers apparently showed Watson an incorrect copy of the warrant (a paperwork mix-up). Leonard moved to suppress the gun and sought the tipster’s identity; the district court denied both motions.
- The district court held (1) the warrant presentation mistake did not invalidate the search, (2) the two positive trash pulls alone supplied probable cause, and (3) the tipster’s identity was not required to be disclosed. Leonard conditionally pleaded guilty and appealed.
- The Seventh Circuit affirmed: (a) showing the wrong warrant copy does not invalidate a valid warrant; (b) two garbage pulls a week apart, with indicia of residency and positive cannabis tests, provided probable cause to search the residence; and (c) the tipster’s identity was not required because the informant was a mere tipster, not a transactional witness.
Issues
| Issue | Leonard's Argument | Government's Argument | Held |
|---|---|---|---|
| Validity of warrant presentation | Showing Watson the wrong warrant copy invalidated the search | No requirement to show a warrant; showing wrong copy is harmless if a valid warrant existed | Rejected Leonard; presentation mistake did not invalidate search |
| Probable cause for search warrant | Affidavit lacked informant reliability and connection of Watson's history to dealing; two trash tests alone insufficient | Two trash pulls with indicia of residency and positive tests establish probable cause; informant reliability unnecessary | Two separate positive garbage pulls a week apart provided probable cause; warrant stands |
| Sufficiency of garbage pulls alone | Single/limited trash evidence insufficient to infer ongoing drug activity inside home | Multiple positive pulls (trend) suffice to infer ongoing activity and justify search | Two trash pulls with residency indicia suffice absent other corroboration |
| Disclosure of tipster identity | Identity relevant to challenge probable cause and fairness | Informant was a mere tipster; identity not material; privilege applies | Denial affirmed; disclosure not required (informant not transactional witness) |
Key Cases Cited
- United States v. Sims, 553 F.3d 580 (7th Cir. 2009) (warrant need not be shown to occupant before search)
- California v. Greenwood, 486 U.S. 35 (1988) (no reasonable expectation of privacy in garbage left for collection)
- Molina ex rel. Molina v. Cooper, 325 F.3d 963 (7th Cir. 2003) (field test of garbage plus reliable informant supported warrant)
- United States v. Briscoe, 317 F.3d 906 (8th Cir. 2003) (marijuana seeds/stems in garbage can support probable cause to search residence)
- United States v. Abernathy, 843 F.3d 243 (6th Cir. 2016) (single trash pull with limited paraphernalia insufficient for probable cause)
- United States v. Harris, 531 F.3d 507 (7th Cir. 2008) (informant identity privilege yields only if identity is relevant and helpful)
- Roviaro v. United States, 353 U.S. 53 (1957) (informant identity disclosure standard: relevant/helpful or essential to fair determination)
- Illinois v. Gates, 462 U.S. 213 (1983) (totality-of-the-circumstances test for probable cause)