State v. Laverdure
State v. Laverdure
Opinion
[¶1] David John Laverdure appealed from a criminal judgment entered upon a conditional guilty plea to possession with intent to manufacture or deliver a controlled substance in violation of N.D.C.C. § 19-03.1-23(1)(a). We conclude the district court properly denied Laverdure's motion to suppress evidence and we affirm.
*419 I
[¶2] Relying on information from a concerned citizen and a "source of information" about short term traffic and potential heroin distribution, a Fargo detective took part in a garbage search at Laverdure's residence on July 11, 2017. The searched garbage cans had been placed on the street in front of the residence in a City of Fargo container for the residence's usual garbage pickup day. The garbage contained two sealed grocery bags and a sealed trash bag. A search of the bags revealed a broken glass pipe with methamphetamine residue, a small clear bag containing white powdery residue, and four used hypodermic syringes.
[¶3] On July 12, 2017, the detective applied for a search warrant for Laverdure's residence. In his application and affidavit in support of the search warrant, the detective described the two tips he received and the results of the garbage search. The affidavit did not state if anyone had observed the garbage container being placed on the street. The affidavit also did not state if the garbage contained mail or other items connecting it to Laverdure or the residence. The magistrate issued the search warrant. While executing the warrant, narcotics and related paraphernalia were found. Laverdure was arrested and charged with possession with intent to manufacture or deliver a controlled substance in violation of N.D.C.C. § 19-03.1-23(1)(a).
[¶4] Laverdure moved to suppress the evidence alleging a lack of probable cause to issue the search warrant. The district court denied the motion, finding sufficient probable cause existed for the search warrant. Laverdure entered a conditional plea of guilty, reserving the right to appeal the district court's denial of the motion to suppress evidence.
II
[¶5] "We affirm a court's decision denying a motion to suppress if, after resolving conflicting evidence in favor of affirmance, there is sufficient competent evidence fairly capable of supporting the court's findings and the decision is not contrary to the manifest weight of the evidence."
State v. Apland
,
[¶6] "Probable cause is required for a search warrant under the Fourth Amendment to the United States Constitution, and Article 1, Section 8 of the North Dakota Constitution."
Apland
,
[¶7] "The standard of proof necessary to establish guilt at trial is not necessary to establish probable cause."
State v. Johnson
,
[¶8] The magistrate is to make a practical, commonsense decision if probable cause exists to search a particular place.
Apland
,
A
[¶9] In this case, probable cause was based on evidence gathered during the garbage search and citizen tips about short term traffic and the distribution of heroin at the residence. "Citizen informants are presumed to be a reliable source of information."
State v. Ebel
,
[¶10] "Where drug residue is discovered in the garbage, it is well established that affidavits based almost entirely on the evidence garnered from garbage may be sufficient to support a finding of probable cause."
State v. Jones
,
B
[¶11] Relying on
People v. Burmeister
,
[¶12] In this case, the district court found a nexus between Laverdure's residence and the garbage after determining the residence was a single-family home and the garbage was placed in the street for the residence's regular pickup day. While the affidavit in support of the warrant did not state if Laverdure's residence was a single-family home, it contained no information indicating the residence was a multi-family residence or an apartment. Based on the record, the tips received by the detective, and common-sense inferences available to the magistrate, sufficient evidence existed to establish a nexus between the garbage and Laverdure's residence.
III
[¶13] Under the totality of the circumstances, sufficient competent information existed in the detective's affidavit for the magistrate to determine probable cause existed for a search warrant of Laverdure's residence. We affirm the judgment.
[¶14] Gerald W. VandeWalle, C.J.
Jerod E. Tufte
Daniel J. Crothers
Lisa Fair McEvers
Jon J. Jensen
Reference
- Full Case Name
- STATE of North Dakota, Plaintiff and Appellee v. David John LAVERDURE, Defendant and Appellant
- Cited By
- 2 cases
- Status
- Published
- Syllabus
- Sufficient probable cause existed to support the magistrate's issuance of a search warrant.