State v. Schmitt, 20000037.
Decision Date | 20 March 2001 |
Docket Number | No. 20000037.,20000037. |
Citation | 2001 ND 57,623 N.W.2d 409 |
Parties | STATE of North Dakota, Plaintiff and Appellee, v. Matthew Byron SCHMITT, Defendant and Appellant. |
Court | North Dakota Supreme Court |
Brett M. Shasky, Assistant State's Attorney, Fargo, ND, for plaintiff and appellee.
William Kirschner, Kirschner Law Office, Fargo, ND, for defendant and appellant.
[¶ 1] Matthew Byron Schmitt appealed from convictions entered upon conditional guilty pleas under N.D.R.Crim.P. 11(a)(2) to manufacturing a controlled substance and possession of a controlled substance with intent to deliver. We remand for further proceedings.
[¶ 2] Schmitt lived with Lester Holbrook in a house at 502 Morrison Street in West Fargo. In May 1999, a district judge, acting as a magistrate, issued a warrant to search the house. The search warrant was based on a May 26, 1999 sworn affidavit of Special Agent Brent Slade of the North Dakota Bureau of Criminal Investigations. As a result of evidence seized during the search, the State charged Schmitt with manufacturing a controlled substance, possession of a controlled substance with intent to deliver, and possession of drug paraphernalia.
[¶ 3] Schmitt moved to suppress evidence seized during the search under Franks v. Delaware, 438 U.S. 154, 98 S.Ct. 2674, 57 L.Ed.2d 667 (1978), claiming Agent Slade's affidavit included false statements which were made intentionally, or with reckless disregard for the truth, and after redacting those false statements, there was not probable cause to support the search warrant.
[¶ 4] After an evidentiary hearing, the trial court denied Schmitt's motion to suppress, concluding there was "[n]o showing... that Agent Slade included any false statement in the affidavit `knowingly and intentionally, or with reckless disregard for the truth,'" and "even redacting the questionable statements from the warrant affidavit, there remains sufficient credible evidence to withstand a probable cause challenge." Schmitt entered conditional pleas of guilty under N.D.R.Crim.P. 11(a)(2) to manufacturing a controlled substance and possession of a controlled substance with intent to deliver, and he appealed from the convictions.
[¶ 5] Schmitt argues the trial court erred in finding there was no showing Agent Slade's affidavit included any false statements which were made intentionally or with reckless disregard for the truth. Schmitt argues there were numerous false statements in Agent Slade's affidavit involving information provided to law enforcement officers by Donald Hurst, Tonya Paeper, and Ray Gross, and those statements were included in the affidavit intentionally or with reckless disregard for the truth. Schmitt argues, without those false statements, there was not probable cause to support the search warrant.
[¶ 6] Agent Slade's affidavit described his seven years of work and training as a law enforcement officer and narcotics investigator, and provided:
Your affiant has information that during the month of July, 1998, Special Agent Duane Stanley and Detective Mitch Burris conducted an interview of Donald Hurst. During the interview, Hurst stated that Hurst knew Lester Holbrook to be involved with dealing methamphetamine and marijuana. Hurst stated that Holbrook would receive large amounts of methamphetamine on a regular basis through UPS. Hurst also stated that Holbrook would sell the methamphetamine out of his residence. Hurst stated that Hurst would be able to purchase methamphetamine or marijuana from Holbrook. Hurst stated that Hurst was related to Holbrook and was upset by the fact that Holbrook had been selling drugs for a long time and had not been caught.
On May 24, 1999, your affiant contacted Detective Gordy Olson at the Fargo Police Department. Your affiant asked Detective Olson to look Holbrook up in the Fargo Police Department computer. Detective Olson gave your affiant the following information. On May 15, 1997, Holbrook was a suspect in a possession of marijuana case. In September, 1997, Holbrook was mentioned in an investigation for selling marijuana. On June 21, 1998, Holbrook was arrested for possession of marijuana and paraphernalia.
[¶ 7] Schmitt argues the uncontradicted testimony of Hurst, Paeper, and Gross established that statements in the affidavit which were attributed to them were significantly different than information they actually provided law enforcement officers.
[¶ 8] At the evidentiary hearing, Hurst denied that he told law enforcement officers Holbrook was "involved with dealing methamphetamine"; "Holbrook would receive large amounts of methamphetamine on a regular basis through UPS"; "Holbrook would sell the methamphetamine out of his residence"; and Hurst "would be able to purchase methamphetamine" from Holbrook. Although Hurst testified he unsuccessfully tried to call Holbrook twice on ...
To continue reading
Request your trial-
McPhee v. Tufty
... ... While the element of furnishing does not hinge on legal ownership, we cannot state exhaustively the complete range of factual patterns sufficient to satisfy this requirement ... ...
-
State v. Ochoa, No. 20030132
...by the affiant in the warrant affidavit, and if the allegedly false statement is necessary to the finding of probable cause.'" State v. Schmitt, 2001 ND 57, ¶ 10, 623 N.W.2d 409 (quoting Franks v. Delaware, 438 U.S. 154, 155-56 (1978)). This issue is not properly before us because it was no......
-
State Of N.D. v. Neustel
...Gonzalez, 2005 ND 131, ¶ 10, 700 N.W.2d 711; Smith Enters., Inc. v. In-Touch Phone Cards, Inc., 2004 ND 169, ¶ 14, 685 N.W.2d 741; State v. Schmitt, 2001 ND 57, ¶ 12, 623 N.W.2d 409; In re T.J.K., 1999 ND 152, ¶ 13, 598 N.W.2d 781. [¶ 15] For example, Albrecht argued that Neustel should not......
-
State v. Ebel
...whether or not there is probable cause." State v. Donovan, 2004 ND 201, ¶ 7, 688 N.W.2d 646 (internal quotation omitted). See also State v. Schmitt, 2001 ND 57, ¶ 10, 623 N.W.2d 409; State v. Ennis, 334 N.W.2d 827, 831 (N.D.1983). That standard may also apply to statements that are delibera......