Commonwealth v. Campbell

Citation807 S.E.2d 735,294 Va. 486
Decision Date14 December 2017
Docket NumberRecord No. 161676
Parties COMMONWEALTH of Virginia v. James Willis CAMPBELL, Sr.
CourtSupreme Court of Virginia

Katherine Quinlan Adelfio, Assistant Attorney General (Mark R. Herring, Attorney General, on briefs), for appellant.

Robert C. Goad, III (Shrader & Goad Law Office, on brief), Amherst, for appellee.

PRESENT: All the Justices

OPINION BY JUSTICE STEPHEN R. McCULLOUGH

We consider in this appeal whether evidence of a search must be suppressed under Code § 19.2-54 because a magistrate incorrectly faxed only portions of a search warrant to the clerk of the circuit court. The Court of Appeals concluded that this delivery defect meant that the search warrant did not satisfy the requirements of Code § 19.2-54 and, as a consequence, the warrant, and the search made under the authority of that warrant, were invalid. We will assume that the magistrate's incomplete faxing rendered the search warrant invalid under Code § 19.2-54, but we will reverse on the alternate ground that the search was justified as a warrantless search under the exigent circumstances exception to the warrant requirement.

BACKGROUND
I. A TIP ARRIVES ABOUT AN IMMINENT METHAMPHETAMINE "COOK."

For over a week in early August 2014, Sheriff's Office Investigator James Begley had been in contact with a paid informant about a possible "meth cook" at James Campbell's house. A "cook" refers to the process for making methamphetamine. Initially, Campbell's efforts were thwarted because he could not locate sufficient quantities of pseudoephedrine to proceed. Finally, on August 6, 2014, Investigator Begley received multiple phone calls from the informant, who told him "it looked like ... there was going to be a cook at Mr. Campbell's house." The informant, who was present at the scene, described to Investigator Begley what was occurring on Campbell's property in anticipation of the "cook," such as rolling up aluminum foil and crushing Sudafed

.

Begley told the informant to keep him "apprised." He then contacted a specialized team at the State Police as well as his superiors within the Sheriff's Office. As Investigator Begley was making his preparations, the informant told Begley that Campbell was "preparing the stuff now in the shed." While other law enforcement officers were positioning themselves near Campbell's shed, Begley applied for and obtained a search warrant. Investigator Begley signed his copy of the application for the search warrant at 10:30 p.m. The warrant reflects that the magistrate issued the warrant at 10:47 p.m. Investigator Brandon Hurt was able to observe the activity on Campbell's property for between 45 minutes to an hour before the team executed the warrant.

Law enforcement officers drove to a location near Campbell's property and assembled in the woods to observe. The "cook" was to take place in a small shed on Campbell's property. Begley estimated the shed's dimensions were, at most, 10 feet by 12 feet. Campbell's trailer is located near the shed, and a driveway separates Campbell's trailer from the shed. Another mobile home is located 25 to 30 yards from the shed. Investigator Brandon Hurt with the Sheriff's Office took a position approximately 25 to 30 yards from the shed. He watched for approximately 45 minutes to an hour. Four persons were present at Campbell's home: the defendant, his daughter, Timothy Birch, and the informant. Investigator Hurt could see a woman taking a roll of aluminum foil from the trailer to the shed. He also observed a man taking a short piece of hose into the shed. Hurt could see "a lot of smoke" coming from inside the shed and he could hear people talking "either in front of the shed or inside the shed."

Special Agent Glen Phillips of the Virginia State Police explained that the manufacture of methamphetamine presents a significant fire hazard. In addition, manufacturing methamphetamine employs and creates toxic substances, including ammonia gas, which can cause respiratory difficulties or blindness and even death. Investigator Begley, who has experience with methamphetamine investigations and who has been trained on the subject, testified that methamphetamine is manufactured with volatile chemicals that are highly combustible. It can produce an "extremely carcinogenic" gas, including phosphine gas and chlorine gas. Investigator Begley acknowledged he did not know what the "blast radius" would be for the type of methamphetamine "cook" that occurred at the shed.

The informant, who was present at the scene, stepped aside to call Investigator Begley on his cell phone and plead with him, "where y'all at, where y'all at, they're starting to make this thing, man." Police executed the search warrant around 11:52 p.m., approximately an hour after Investigator Begley submitted his search warrant application to the magistrate. Police recovered methamphetamine and precursors to methamphetamine during the search.

II. THE SUPPRESSION MOTION, TRIAL AND APPEAL.

Code § 19.2-54 imposes a number of requirements for search warrants. As relevant here, it requires a judicial officer issuing a warrant, usually a magistrate, to file the affidavit submitted in support of the warrant by law enforcement personnel with the clerk of the circuit court of the city or county where the search is to take place, either in person, by mail, or electronically, within seven days. The final paragraph of Code § 19.2-54 provides as follows:

Failure of the officer [here, a magistrate] issuing such warrant to file the required affidavit shall not invalidate any search made under the warrant unless such failure shall continue for a period of 30 days. If the affidavit is filed prior to the expiration of the 30-day period, nevertheless, evidence obtained in any such search shall not be admissible until a reasonable time after the filing of the required affidavit.

Investigator Begley explained that the magistrate ordinarily asks for three copies of the warrant affidavit: one for the police officer, one for the target of the investigation, and one for the magistrate who will file it with the clerk of court. In this instance, Begley handed the magistrate one copy and left with the remaining two.

Due to a faxing error or problem, the clerk of court never received a complete affidavit. The magistrate submitted four pages to the clerk of court by fax. The first page consists of the affidavit for the search warrant. The second page is the search warrant itself. The third page is a duplicate of the search warrant. The final page is a blank copy of the search inventory and return. The affidavit page the clerk received included a description of the offense, a paragraph describing the place to be searched, and another paragraph listing the things or persons to be searched. The second, missing page, contained a paragraph describing the basis for probable cause and another paragraph setting forth the fact that the information came from an informant and setting forth the basis for the officer's belief that the informant was credible or reliable.

Campbell was charged with manufacturing methamphetamine, in violation of Code § 18.2-248. Seizing on the fax problem, Campbell moved to suppress the evidence. Relying on Code § 19.2-54, he argued that the magistrate's failure to timely file the required application and affidavit with the clerk's office rendered the warrant invalid. The Commonwealth responded, among other things, that even without a warrant, the search was justified by exigent circumstances. The trial court ultimately agreed that the warrant was defective, but denied the suppression motion, concluding that the search was justified by exigent circumstances. Campbell was convicted and sentenced to serve twenty-five years in prison, with fourteen years suspended.

Campbell appealed to the Court of Appeals. A panel of that court reversed the trial court's decision, reasoning that Code § 19.2-54 rendered the fruits of the search categorically inadmissible as a matter of state law. Campbell v. Commonwealth, 66 Va. App. 677, 791 S.E.2d 351 (2016). The Court rejected the Commonwealth's alternative arguments on the basis that the admissibility of the search under the Fourth Amendment was irrelevant because, "[a]s a matter of state law, the evidence was inadmissible." Id. at 688, 791 S.E.2d at 356. We granted the Commonwealth an appeal from that decision.

ANALYSIS
I. CODE § 19.2-54 DOES NOT APPLY IF A SEARCH IS JUSTIFIED AS A WARRANTLESS SEARCH .

Initially, we conclude that Code § 19.2-54 does not impose any bar to the admissibility of the fruits of warrantless searches. This statute governs search warrants. It provides in relevant part that the

[f]ailure of the officer [here, a magistrate] issuing such warrant to file the required affidavit shall not invalidate any search made under the warrant unless such failure shall continue for a period of 30 days. If the affidavit is filed prior to the expiration of the 30-day period, nevertheless, evidence obtained in any such search shall not be admissible until a reasonable time after the filing of the required affidavit.

(Emphases added.) Code § 19.2-54 addresses the possible invalidity of a search made "under the warrant" as a consequence of the failure of the magistrate to file the warrant with the clerk of the circuit court. Whatever the scope of inadmissibility contemplated by Code § 19.2-54 for searches made under a defective warrant, nothing in the plain language of this statute compels the exclusion of evidence obtained in the course of a search that is justified on grounds other than a warrant.1 We will assume that the search warrant was invalid under Code § 19.2-54. We turn next to the question of whether the search was justified as a warrantless search under the exigent circumstances doctrine.

II. EXIGENT CIRCUMSTANCES JUSTIFIED A WARRANTLESS SEARCH .

The Fourth Amendment generally requires police to obtain a search warrant before entering a home. See, e.g., Commonwealth v. Robertson, 275 Va....

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14 cases
  • Walker v. Commonwealth
    • United States
    • Court of Appeals of Virginia
    • April 5, 2022
    ...the warrant under state law does not, of itself, invalidate the warrant under the United States Constitution." Commonwealth v. Campbell , 294 Va. 486, 495, 807 S.E.2d 735 (2017). Thus, although states may "go above the Fourth Amendment minimum, the Constitution's protections concerning sear......
  • Walker v. Commonwealth
    • United States
    • Court of Appeals of Virginia
    • April 5, 2022
    ...... itself. This simply is not the law. . 26 . .          A. "defect in the validity of the warrant under state law. does not, of itself, invalidate the warrant under the United. States Constitution." Commonwealth v. Campbell ,. 294 Va. 486, 495 (2017). Thus, although states may "go. above the Fourth Amendment minimum, the Constitution's. protections concerning search and seizure remain the. same." Virginia v. Moore , 553 U.S. 164, 173. (2008). Accordingly, the United States Supreme Court. ......
  • White v. Commonwealth
    • United States
    • Court of Appeals of Virginia
    • October 12, 2021
    ...home are presumptively unreasonable, "the burden rests with the government to prove ... exigent circumstances." Commonwealth v. Campbell, 294 Va. 486, 495, 807 S.E.2d 735 (2017). "To determine whether a law enforcement officer faced an emergency that justified acting without a warrant, [a c......
  • Campbell v. Commonwealth, Record No. 1923-15-3
    • United States
    • Court of Appeals of Virginia
    • August 21, 2018
    ...the place to be searched, and another paragraph listing the things or persons to be searched." Commonwealth v. Campbell ("Campbell I"), 294 Va. 486, 491-92, 807 S.E.2d 735, 737 (2017). The second page was missing from the fax. It contained a description of the basis for probable cause and a......
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