United States v. Daniel Evans

U

United States Court of Appeals For the Eighth Circuit ___________________________ No. 19-3780 ___________________________ United States of America Plaintiff – Appellee v. Daniel Evans Defendant – Appellant ____________ Appeal from United States District Court for the Eastern District of Missouri – St. Louis ____________ Submitted: January 15, 2021 Filed: July 12, 2021 ____________ Before LOKEN, GRASZ, and KOBES, Circuit Judges. ____________ GRASZ, Circuit Judge. Daniel Evans challenges the district court’s 1 denial of his motion to suppress, which argued that the affidavit used to secure a search warrant for his house omitted critical facts about an anonymous source. We affirm. 1 The Honorable E. Richard Webber, United States District Judge for the Eastern District of Missouri, adopting the report and recommendations of the I. Background In June 2018, Saint Louis Metropolitan Police Department (“SLMPD”) Detective Michael Joyner applied for a search warrant based on information from an anonymous source that was corroborated by SLMPD officers. The source reported to Joyner that Evans was selling drugs out of his house, and that Evans had a silver revolver in the house. The source also described how these transactions happened: customers waited in the living room area while Evans retrieved drugs from the bedroom. And, according to the source, Evans also conducted drug transactions from his car. Because the police had not worked with this source before, Joyner took steps to corroborate what the source said. Joyner (1) had the source identify Evans from a photograph; (2) confirmed Evans’s address; (3) confirmed Evans’s previous criminal convictions; and (4) surveilled Evans’s house, which showed heavy foot traffic. The source accompanied Joyner to apply for a search warrant and signed the affidavit as “John Doe.” A state court judge concluded the affidavit contained sufficient information to establish probable cause and signed the search warrant. The warrant authorized the SLMPD to search Evans’s house and seize any illegal narcotics, controlled substances, and firearms. Six days later, Joyner and other officers for the SLMPD observed Evans leaving his house in his car. When he was outside of view of the house, they pulled him over. The officers searched Evans and his car but did not find any drugs or weapons. The officers detained and handcuffed Evans and took him to a staging area. There, Joyner read Evans his Miranda rights, and Evans was informed there Honorable John M. Bodenhausen, United States Magistrate Judge for the Eastern District of Missouri. -2- was a search warrant for his house. Evans told the officers that there was a firearm in the house. During the authorized search, the officers found methamphetamine, heroin, fentanyl, cocaine base, marijuana, three firearms, and other items consistent with drug distribution. Joyner advised Evans of his Miranda rights a second time following the search of Evans’s house. Evans admitted that he knew about the drugs and a pistol in his bedroom, but he denied knowing about a shotgun and revolver found in the basement. Later, Evans asked another officer what the officers would do with the money found …

Original document

Add comment

By

Recent Posts

Recent Comments