Summary
The North Dakota Supreme Court affirmed the denial of David John Laverdure’s motion to suppress evidence obtained through a search warrant. The court held that, under the totality of the circumstances, drug-related items found during a garbage search, combined with informant tips and the garbage’s location outside Laverdure’s residence, established probable cause and a sufficient nexus to the residence.
Topics
Practice areas
Questions Presented
- Whether the detective's affidavit established probable cause to search Laverdure's residence based on contraband found in garbage placed on the street and information concerning drug activity.
- Whether the affidavit established a sufficient nexus between the garbage-search evidence and Laverdure's residence despite not expressly stating that the residence was single-family or that the garbage contained identifying mail or other indicia of residency.
Holdings
- The affidavit provided a substantial basis for the magistrate to find probable cause to search Laverdure's residence.
- A sufficient nexus existed between the garbage and Laverdure's residence even though the affidavit did not expressly identify the residence as single-family or state that the garbage contained mail or other identifying items.
Key quotations
“Probable cause to issue a search warrant exists when the facts and circumstances relied upon by the judge who issues the warrant would lead a person of reasonable caution to believe the contraband or evidence sought probably will be found in the place to be searched.” (¶ 6)
“To establish probable cause, there must be a nexus between the place to be searched and the contraband sought. Circumstantial evidence may be used to establish that nexus.” (¶ 7)
“Combined with the tips received by the detective and the garbage can's location, this contraband was sufficient for the magistrate to find probable cause for a search warrant.” (¶ 10)
Factual background
A Fargo detective received information from a concerned citizen and another source concerning short-term traffic and potential heroin distribution at Laverdure's residence. During a garbage search, officers searched garbage containers placed on the street in a City of Fargo container for the residence's usual pickup day and found a broken glass pipe with methamphetamine residue, a bag containing white powdery residue, and four used hypodermic syringes. The detective included the tips and garbage-search results in a warrant affidavit, and a magistrate issued a warrant for the residence; narcotics and related paraphernalia were found during execution of the warrant.
Procedural history
A magistrate issued a search warrant for Laverdure's residence based on information from citizen and other sources and contraband discovered during a garbage search. The district court denied Laverdure's motion to suppress, finding probable cause for the warrant. Laverdure entered a conditional guilty plea to possession with intent to manufacture or deliver a controlled substance and appealed. The North Dakota Supreme Court affirmed.