Stevens v. State
| Citation | 208 S.W.3d 224 |
| Decision Date | 11 May 2005 |
| Docket Number | No. CA CR 04-986.,CA CR 04-986. |
| Parties | James Brian STEVENS, Appellant v. STATE of Arkansas, Appellee. |
| Court | Arkansas Court of Appeals |
Miller Law Firm, by: Leslie Borgognoni, Little Rock and Randel Miller, Jonesboro, for appellant.
Mike Beebe, Att'y Gen., by: Karen Virginia Wallace, Ass't Att'y Gen., Little Rock, for appellee.
Appellant James Brian Stevens entered conditional guilty pleas to possession of methamphetamine with intent to deliver and possession of drug paraphernalia, and was sentenced to eighty-four months' probation. Pursuant to Ark. R.Crim. P. 24.3(b), Mr. Stevens reserved his right to appeal from the judgment, and now challenges the trial court's denial of his motion to suppress the incriminating evidence. He contends that the search of his home violated his Fourth Amendment right against unreasonable searches and seizures. We affirm.
Officer Scott Pillow was the only witness to testify at the suppression hearing. He testified that he executed a search warrant at a residence in Paragould at about 3:00 p.m. on January 23, 2003. During the search, he seized four grams of methamphetamine and arrested three men. At the police station, Officer Pillow obtained statements from two of the individuals after advising them of their Miranda Rights. According to Officer Pillow, one of the men stated that he was present at the home of Mr. Stevens on the previous evening when he observed another person purchase approximately one-eighth of an ounce of methamphetamine from Mr. Stevens. The other man advised Officer Pillow that he had been to Mr. Stevens' residence on numerous occasions; that he had purchased two "eight-balls" of methamphetamine from Mr. Stevens in the past twenty-four hours; and that Mr. Stevens always had methamphetamine to sell. Officer Pillow indicated that these individuals were interviewed separately.
A photograph of Mr. Stevens' residence was subsequently shown to the first man who gave a statement, and he identified it as the residence where he witnessed the drug transaction. The second man was transported to the residence, and he correctly identified it as Mr. Stevens' home.
On cross-examination, Officer Pillow acknowledged that he had no past experience with the men he arrested and could not vouch for their reliability. Officer Pillow also indicated that while he was inquiring about where the men obtained the methamphetamine, he told them he would relay the information to the prosecutor. Officer Pillow testified that he had no information on Mr. Stevens prior to this time, that there had been no surveillance of his home, and that "there was nothing else to bolster these folks' statements to me."
At 6:25 p.m. on January 23, 2003, Officer Pillow presented an affidavit for search warrant to a magistrate, wherein he set forth the following facts:
The undersigned, being duly sworn, deposes and says he has reason to believe that on the premises known as the Brian Stevens residence located at 1823 East Kingshighway in Paragould, AR, State of Arkansas there is now being concealed certain property namely, methamphetamine, records concerning the manufacturing and distribution of controlled substances and items used to weigh, package, manufacture and consume controlled substances which are being possessed illegally as described in the Uniform Controlled Substances Act of the Arkansas State Statutes.
The residence is described as an apartment complex directly behind 1821 East Kings highway. The residence is believed to be 1823 East Kings highway in Paragould, AR. The apartment to be searched is a bottom apartment, with a white door facing the west. No number is present. Two separate individuals have identified the apartment. (See attached photograph of the residence)
And the facts tending to establish the foregoing grounds for issuance of a Search Warrant are as follows:
FACT #1—My name is Special Agent SCOTT PILLOW and I have been employed by the Arkansas State Police since November of 1994 and I have been a certified Police Officer since 1991. I have been assigned to the Criminal Investigation Division of the Arkansas State Police since February 1999. I have also served on a United States Drug Enforcement Administration Task Force, serving as a deputized DEA agent since being assigned to the C.I.D. division of the Arkansas State Police. My primary duties are concerned with the detection and control of illegal drug operations in the State of Arkansas. In this capacity I have directed numerous investigations using undercover police officers, confidential informants and other investigative techniques. I have worked with local, state and federal agencies and from all this I have gained a good working knowledge of the illegal drug trafficking in Arkansas.
FACT # 2—On January 23, 2003, I executed a search warrant at 808 East Unity Road. Seized during the search warrant was approximately 4 grams of methamphetamine. Also three individuals were arrested at this time.
FACT # 3—After the above individuals were arrested, one stated that he was present last night while approximately 1/8 ounce of methamphetamine was purchased from Brian Stevens at the above described residence. This individual gave me self-incriminating statements about his own involvement in the use and distribution of controlled substances that could result in his incarceration and these type statements tend to show truthfulness. The police have no reason to disbelieve the information.
FACT # 4—One of the other individuals arrested stated that he purchased methamphetamine from Stevens at the above described residence on numerous occasions and has purchased methamphetamine from Stevens twice within the past twenty four hours, having purchased two "eightballs" of methamphetamine from Stevens. The individual also stated that Stevens always has methamphetamine in his possession to sell. This individual gave me self-incriminating statements about his own involvement in the distribution and use of controlled substances and these type statements tend to show truthfulness. The police have no reason to disbelieve the information.
Based on the affidavit the magistrate issued a warrant to search Mr. Stevens' home, and during the search the police found methamphetamine and other contraband.
After the suppression hearing, the trial court denied Mr. Stevens' motion to suppress. In denying the motion, the trial court relied on the good-faith exception to the exclusionary rule as set out in United States v. Leon, 468 U.S. 897, 104 S.Ct. 3405, 82 L.Ed.2d 677 (1984).
Mr. Stevens now argues that the trial court erred in applying the good-faith exception, and that the search of his home was illegal. He cites Ark. R.Crim. P. 13.1(b), which provides:
The application for a search warrant shall describe with particularity the persons or places to be searched and the person or things to be seized, and shall be supported by one (1) or more affidavits or recorded testimony under oath before a judicial officer particularly setting forth the facts and circumstances tending to show that such persons or things are in the places, or the things are in possession of the person, to be searched. If an affidavit or testimony is based in whole or in part on hearsay, the affiant or witness shall set forth particular facts bearing on the informant's reliability and shall disclose, as far as practicable, the means by which the information was obtained. An affidavit or testimony is sufficient if it describes circumstances establishing reasonable cause to believe that things subject to seizure will be found in a particular place. Failure of the affidavit or testimony to establish the veracity and bases of knowledge of persons providing information to the affiant shall not require that the application be denied, if the affidavit or testimony viewed as a whole, provides a substantial basis for a finding of reasonable cause to believe that things subject to seizure will be found in a particular place.
Mr. Stevens submits that there was no reasonable cause to issue the search warrant because the reliability of the two informants was not established, and there was nothing else in the affidavit to establish a belief that contraband would be found in his home.
Mr. Stevens acknowledges that in United States v. Leon, supra, the Supreme Court held that an officer's objective, good-faith reliance on a facially valid warrant will avoid application of the exclusionary rule in the event that the magistrate's assessment of probable cause is found to be in error. This is because the exclusionary rule is designed to deter police misconduct rather than to punish errors of judges and magistrates. Sanders v. State, 76 Ark.App. 104, 61 S.W.3d 871 (2001). However, Mr. Stevens asserts that Officer Pillow was not acting in objective, good-faith reliance. He notes that it was the State's burden to establish applicability of the good-faith exception, see Hoay v. State, 348 Ark. 80, 71 S.W.3d 573 (2002), and contends that the State failed to meet its burden.
The good-faith exception cannot cure certain errors, namely: (1) when the magistrate is misled by information the affiant knew was false; (2) if the magistrate wholly abandons his detached and neutral judicial role; (3) when the affidavit is so lacking in indicia of probable cause as to render official belief in its existence entirely unreasonable; and (4) when a warrant is so facially deficient that the executing officers cannot reasonably presume it to be valid. United States v. Leon, 468 U.S. at 914-15, 104 S.Ct. 3405. Mr. Stevens submits that all but the first of the above four errors were present in this case.
Mr. Stevens notes that Officer Pillow testified that "the judge took not more than fifty-nine seconds to review the affidavit and sign the search warrant," and argues that this alone defeats application of the good-faith exception. Mr. Stevens contends that no reasonable...
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