State v. Rochefort

Decision Date19 July 2001
Docket NumberNo. C2-00-148.,C2-00-148.
Citation631 N.W.2d 802
PartiesSTATE of Minnesota, Petitioner, Appellant, v. Rick Allen ROCHEFORT, Respondent.
CourtMinnesota Supreme Court

Mike Hatch, Attorney General, Kelly O'Neill Moller, Asst. Attorney General, St. Paul, Brian Roverud, Faribault County Attorney, Blue Earth, MN, for appellant.

John M. Stuart, State Public Defender, Marie Wolf, Asst. State Public Defender, Minneapolis, MN, for respondent.

Considered and decided by the court en banc without oral argument.

OPINION

LANCASTER, Justice.

We granted review in this case to address a narrow question: What is the correct standard of review for an appellate court examining a district court's probable cause determination made upon issuing a search warrant? The court of appeals reviewed the determination de novo. Because we conclude that the court of appeals erred in conducting a de novo review, we reverse and remand to that court for application of the correct, deferential standard of review.

On March 1, 1999, police executed a search warrant at respondent Rick Allen Rochefort's residence and seized methamphetamine and various items used in the production of methamphetamine. In fact, all the products (or empty containers of those products) necessary to manufacture methamphetamine were discovered in the house. Based on the evidence seized that day, Rochefort was charged with three counts of first-degree controlled substance crime for the manufacture, possession, and sale of methamphetamine. See Minn.Stat. § 152.021, subds. 1(1) (sale), 2(1) (possession), and 2a (manufacture) (2000).

Rochefort filed a pretrial motion to suppress all evidence seized during the March 1 search. Rochefort argued to the district court that the warrant was not supported by probable cause. The court disagreed with Rochefort and denied his motion to suppress. After a three-day jury trial, Rochefort was found guilty of all three charges against him. He was sentenced to 98 months in prison.

Rochefort appealed his conviction to the court of appeals. He argued, among other things, that the affidavit submitted in support of the application for the search warrant did not provide a substantial basis for the issuing court's probable cause determination. More specifically, he argued that the affidavit relied on various informants without establishing their reliability, that the information in the warrant application was stale, and that the primary allegation the district court relied on in issuing the warrant—two purchases of iodine crystals, a precursor for the manufacture of methamphetamine—was not sufficient to find probable cause.

The court of appeals agreed with Rochefort that the warrant was not supported by probable cause. State v. Rochefort, 619 N.W.2d 564, 567 (Minn.App.2000). In reaching this conclusion, the court explained its standard of review as follows:

The United States and the Minnesota constitutions provide that warrants must be supported by probable cause. See U.S. Const.Amend. IV; Minn. Const. Art. I, § 10; State v. Bradford, 618 N.W.2d 782 (Minn.2000). Appellate courts give great deference to the factual findings of the court issuing a warrant and will reverse "only if clearly erroneous." Bradford, 618 N.W.2d 782 (citation omitted). An appellate court reviews a probable cause determination de novo and analyzes whether "there was a substantial basis to conclude that probable cause existed." Id. (citation omitted).
A search warrant may be issued if, based on the totality of the circumstances, "there is a fair probability that contraband or evidence of a crime will be found in a particular place." In reviewing the sufficiency of an affidavit under the totality of the circumstances test, courts must be careful to avoid reviewing each component of the affidavit in isolation. Further, doubtful or marginal cases should be largely determined by the deference to be accorded to warrants.

Rochefort, 619 N.W.2d at 566 (emphasis added) (citations omitted). The court of appeals' use of the de novo standard is the primary basis of the state's argument to this court. The state contends that the court of appeals erred in conducting a de novo review, rather than a deferential review, of the probable cause determination made by the district court when it issued the warrant.

We have repeatedly held that, when reviewing a district court's probable cause determination made in connection with the issuance of a search warrant, an appellate court should afford the district court's determination great deference. E.g., State v. Harris, 589 N.W.2d 782, 787 (Minn.1999)

; State v. Souto, 578 N.W.2d 744, 747 (Minn.1998); State v. Zanter, 535 N.W.2d 624, 633 (Minn.1995); State v. Wiley, 366 N.W.2d 265, 268 (Minn.1985). An appellate court reviews a district court's decision to issue a warrant only to consider whether the issuing judge had a substantial basis for concluding that probable cause existed. Souto, 578 N.W.2d at 747. This standard of review is consistent with the standard used by the United States Supreme Court:

[W]e have repeatedly said that after-the-fact scrutiny by courts of the sufficiency of an affidavit [submitted in support of a search warrant application] should not take the form of de novo review. A magistrate's determination of probable cause should be paid great deference by reviewing courts. A grudging or negative attitude by reviewing courts toward warrants is inconsistent with the Fourth Amendment's strong preference for searches conducted pursuant to a warrant * * *.

Illinois v. Gates, 462 U.S. 213, 236, 103 S.Ct. 2317, 76 L.Ed.2d 527 (1983) (emphasis added) (internal quotation marks and citations omitted). Therefore, to the extent that the court of appeals applied a de novo standard of review in this case, we reverse.1

Our deferential standard of review for probable cause determinations made in connection with issuance of a search warrant must not be confused with the standard we apply when reviewing probable cause determinations made by police for warrantless searches. Unlike cases involving searches conducted pursuant to a warrant, we do conduct a de novo review of probable cause determinations made in connection with warrantless searches. In re Welfare of G.M., 560 N.W.2d 687, 690 (Minn.1997) ("This court will review de novo a trial court's determination of reasonable suspicion as it relates to Terry * * * stops and probable cause as it relates to warrantless searches." (footnote omitted)). This standard is, again, consistent with that enunciated by the Supreme Court. Ornelas v. United States, 517 U.S. 690, 691, 116 S.Ct. 1657, 134 L.Ed.2d 911 (1996) ("We hold that the ultimate questions of reasonable suspicion and probable cause to make a warrantless search should be reviewed de novo.").

There are strong policy reasons for maintaining different standards of review for searches conducted pursuant to a warrant and for warrantless searches. As the Court in Ornelas emphasized, "[t]he Fourth Amendment demonstrates a strong preference for searches conducted pursuant to [the authority of] a warrant." 517 U.S. at 699, 116...

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