United States v. Williams
669 F.3d 903
8th Cir.2012Background
- Williams pled guilty to unlawful possession of a firearm by a felon, conditioned on his right to appeal the district court's denial of suppression.
- District court denied Williams's motion to suppress evidence obtained from a search warrant at his home.
- Williams challenged both a warrantless trash pull and the accuracy of the affidavit used to obtain the search warrant.
- Detective Miller's affidavit claimed a drug tip about Williams, possible occupant Sherry Mitchell, and included trash items found at the identified address linking to probation and drug activity, but offered no reliability about the tip.
- Trash items included cocaine residue on torn plastic, mail addressed to Sherry Mitchell at the address, a probation-card blank, and a water account showing Sherry Mitchell at the address.
- According to the affidavit, Williams had identified the address as his home on multiple police contacts.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Franks hearing necessity | Williams seeks an evidentiary Franks hearing on alleged affidavit falsity. | State argues no basis for Franks hearing absent proof of deliberate falsehood or reckless disregard. | No Franks hearing required; no evidence of falsehood. |
| Location of trash and privacy expectation | Disputed location of trash undermines privacy expectations. | Trash pulled from curb had no reasonable expectation of privacy. | Trash at curb is not privately protected; no Fourth Amendment trespass issue. |
| Public accessibility and curtilage | Access to trash may be restricted by privacy considerations, not curbside. | Trash left at curb readily accessible to public for pickup; no privacy interest. | No reasonable expectation of privacy in curbside trash. |
Key Cases Cited
- United States v. Yielding, 657 F.3d 688 (8th Cir. 2011) (abuse-of-discretion review for evidentiary hearing decisions)
- United States v. Mims, 812 F.2d 1068 (8th Cir. 1987) (Franks framework for affidavits and hearings)
- Franks v. Delaware, 438 U.S. 154 (Supreme Court 1978) (proof required for facially false affidavit to warrant an evidentiary hearing)
- United States v. Comeaux, 955 F.2d 586 (8th Cir. 1992) (curbside trash lack of privacy expectancy principle)
- United States v. Hedrick, 922 F.2d 396 (7th Cir. 1991) (privacy expectations in garbage context)
- California v. Greenwood, 486 U.S. 35 (Supreme Court 1988) (no expectation of privacy in garbage left for collection)
- United States v. Trice, 864 F.2d 1421 (8th Cir. 1988) (public-curb trash rule and privacy expectations)
- United States v. Harper, 466 F.3d 634 (8th Cir. 2006) (standards for reviewing suppression factual determinations)