United States v. Tory Djuan Patterson
666 F. App'x 569
| 8th Cir. | 2016Background
- April 15, 2014: Minnesota judge issued a warrant to search 1006 E. 6th St. and the person of Barbara Gilliam for heroin, other controlled substances, and drug-trafficking items based on surveillance, informant tips, and Gilliam’s criminal history.
- Affidavit recited Gilliam’s prior convictions for distributing crack (2009–2010), transition to selling heroin in late 2013, and recent observed meetings with suspected buyers; two references in the affidavit reportedly located meetings near 6th St. and 10th Ave West but other facts tied her to a house on 6th St. near 10th Ave East.
- Police executed the warrant April 16 and found Patterson residing at 1006 E. 6th St.; Gilliam was a frequent visitor who stored items there.
- Search uncovered a sawed-off shotgun in Patterson’s closet plus marijuana and drug paraphernalia; Patterson was charged with possession of an unregistered short-barreled shotgun and being a felon in possession of a firearm.
- Patterson moved to suppress, arguing the affidavit contained stale information and lacked a sufficient nexus between Gilliam’s activities and 1006 E. 6th St.; a magistrate recommended suppression, but the district court rejected that, finding the references to 10th Ave West were typographical errors and affirming probable cause and the Leon good-faith exception.
- Patterson was convicted, appealed the denial of the suppression motion, and the court of appeals affirmed the district court’s denial.
Issues
| Issue | Patterson's Argument | Government's Argument | Held |
|---|---|---|---|
| Sufficiency of nexus between alleged drug activity and 1006 E. 6th St. | The affidavit’s references to 10th Ave West show activities occurred far from the residence, so no nexus to the house. | The references to 10th Ave West were typographical errors meaning 10th Ave East; affidavit otherwise shows proximity and common patterns of dealer activity, establishing nexus. | Affirms: affidavit's context shows the West/East references were typos; sufficient nexus existed. |
| Staleness of information supporting probable cause | The only timely allegations (within 72 hours) were the West references, so remaining info tying Gilliam to the residence was stale. | Even reading the timely observations as referring to the area near the residence, the totality of circumstances and recent observations supplied probable cause; narcotics staleness has no bright-line rule. | Affirms: information was not stale; probable cause existed at time of search. |
| Applicability of Leon good-faith exception | Not explicitly argued as separate claim by Patterson but magistrate found exception inapplicable due to lack of nexus. | Even if minor errors existed, reasonable officer reliance on the warrant is protected; typographical errors do not defeat good-faith reliance. | Court found typographical errors immaterial; probable cause existed, so suppression not warranted. |
Key Cases Cited
- United States v. Colbert, 605 F.3d 573 (8th Cir.) (standard of review on suppression rulings)
- United States v. Solomon, 432 F.3d 824 (8th Cir.) (totality-of-circumstances approach to probable cause for warrants)
- United States v. Stevens, 530 F.3d 714 (8th Cir.) (probable cause defined as fair probability under Gates)
- Illinois v. Gates, 462 U.S. 213 (Sup. Ct.) (established totality-of-the-circumstances test for probable cause)
- United States v. Butler, 594 F.3d 955 (8th Cir.) (typographical errors do not necessarily invalidate probable cause)
- United States v. Formaro, 152 F.3d 768 (8th Cir.) (no bright-line rule for staleness in narcotics investigations)