State v. Holiday

749 N.W.2d 833, 2008 Minn. App. LEXIS 304, 2008 WL 2246293
CourtCourt of Appeals of Minnesota
DecidedJune 3, 2008
DocketA07-2366
StatusPublished
Cited by32 cases

This text of 749 N.W.2d 833 (State v. Holiday) is published on Counsel Stack Legal Research, covering Court of Appeals of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Holiday, 749 N.W.2d 833, 2008 Minn. App. LEXIS 304, 2008 WL 2246293 (Mich. Ct. App. 2008).

Opinion

*837 OPINION

PORITSKY, Judge. *

Appellant State of Minnesota challenges the district court’s suppression of evidence seized during a search conducted pursuant to a search warrant. Because the issuing magistrate had a substantial basis to conclude that probable cause existed to support the search warrant, we reverse.

FACTS

On March 27, 2007, the issuing magistrate signed a search warrant authorizing a “no-knock” search of respondent Corey Lamont Holiday, Holiday’s home, and Holiday’s car. The information for the supporting affidavit was provided in large part by two informants. The initial tip that drug activity was taking place at Holiday’s home was provided by a confidential informant (Cl), whose reliability was not vouched for by the affiant. After receiving the tip, the police set up an attempted controlled buy, using a confidential reliable informant (CRI). The supporting affidavit provided in pertinent part:

Within the last 72 hours, Your affiant was contacted by a confidential informant (Cl) about a black male they knew as “Corey”, and whose nickname was “Q,” who was selling crack cocaine and marijuana out of his residence. The Cl stated “Corey” was selling out of 2922 Aldrich Ave. N, Lower Unit. The Cl stated there are two doors on the back of the residence and the door on the left went directly into the lower unit. The Cl stated they had seen various people who would come to the back door of the residence. The Cl stated they knew three handguns are inside the residence which “Corey” uses to protect himself and his narcotics. The Cl stated “Corey” was a Mickey Cobra gang member.
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The Cl also told your affiant that “Corey” drives a maroon Ford Expedition with silver rims with license plate URM-773. The Cl stated “Corey” uses this vehicle frequently to make deliveries of large amounts of crack cocaine and marijuana around Minneapolis. The Cl described “Corey” as a black male 32 years old, 5-6 with a medium build and braided hair.
Your affiant learned through GANG-NET, which is a data base of documented gang members throughout Minnesota; Corey Lamont Holiday, 04-22-1973, uses the nickname “Q” and is a documented Mickey Cobra Gangmember. The GANGNET system also stated that Holiday has “Violent Tendencies” and shot another member of the Mickey Cobra gang to gain more power within the gang. Holiday has also been to prison for Narcotics and Felon in Possession of a Firearm.
Your affiant conducted surveillance at 2922 Aldrich Ave. N and saw the maroon Ford Expedition with silver rims and MN URM-773 sitting, in the rear of the address. I also saw there was two doors on the back of the residence. All of this information was consisted [sic] with the information I received from the CI.
Within the past 48 hours, using a separate confidential reliable informant (CRI), I gave them pre-recorded buy money and sent them to 2922 Aldrich Ave. N, Lower Unit in an attempt to purchase narcotics. The CRI went to the rear left door and knocked. The door was answered by a black male that *838 identified himself as being “Q”. The CRI asked for a “dub”, which is slang for a pill of crack cocaine. “Q” told the CRI that he did not know them and he would not sell anything to them. The CRI then left the address. As the CRI was leaving the address I saw Holiday leave the rear of the address, get into the maroon Ford Expedition URM-773, and begin following the CRI to see where they were going. After a short period of time Holiday returned to the address and went into the same door on the left that he had left from.
After the attempt [sic] buy I gave the CRI a booking photo of Holiday and the CRI positively identified him as the person that identified himself as “Q.” The CRI also stated the door on the left lead directly into the lower unit of 2922 Aid-rich Ave. N. This information was consistent with the information I received from the Cl.
This CRI has furnished reliable and accurate information in the past and his/ her information has led to the issuance of search warrants and the seizure of controlled substances and weapons. The CRI previous information has also led to the conviction of numerous others for narcotics related crimes.

On April 4, 2007, the police executed the search warrant. The police detained Holiday, searched him, and saw him kick a plastic bag containing marijuana from his pants leg onto the floor. The police also recovered marijuana from Holiday’s vehicle, kitchen, clothing items, and couch. The police recovered suspected crack cocaine, two digital gram scales, Ziploc baggies, approximately $1,400 in cash, and a box of shotgun ammunition. Holiday was charged with one count of fifth-degree controlled substance crime in violation of Minn.Stat. § 152.025, subds. 2(1), 3(b) (2006).

Holiday filed a motion to suppress the evidence of the search. The district court heard the matter and granted the motion. The district court determined that “the reliability of the Cl was not sufficiently established, that the corroboration of easily obtainable facts and an unsuccessful attempt to purchase narcotics do not establish probable cause even when considered as a whole.” The district court concluded that “when reviewing the affidavit as a whole the Court concludes that the information provided only gives rise to a mere suspicion of drug activity at the residence.”

The state filed a motion requesting the district court to reconsider its suppression decision. The district court acknowledged that it failed to mention Holiday’s criminal history in the initial order, but stated that Holiday’s criminal record was “at best ... only corroborative evidence and not a sole basis for probable cause to issue a search warrant.” The district court reaffirmed the initial suppression order, noting that the police did not sufficiently corroborate the Cl’s information and that the district court had appropriately weighed the unsuccessful controlled buy. This appeal follows.

ISSUE

Did the district court err in suppressing evidence obtained during a search conducted pursuant to a search warrant?

ANALYSIS

“When reviewing pretrial orders on motions to suppress evidence, we may independently review the facts and determine, as a matter of law, whether the district court erred in suppressing — or not suppressing — the evidence.” State v. Harris, 590 N.W.2d 90, 98 (Minn.1999). When the state appeals a pretrial suppression order, the state “must ‘clearly and un *839 equivocally show both that the [district] court’s order will have a ‘critical impact’ on the state’s ability to prosecute the defendant successfully and that the order constituted error.” State v. Scott, 584 N.W.2d 412, 416 (Minn.1998) (quotation omitted).

I. Suppressing the evidence has a critical impact on the state’s case.

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Cite This Page — Counsel Stack

Bluebook (online)
749 N.W.2d 833, 2008 Minn. App. LEXIS 304, 2008 WL 2246293, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-holiday-minnctapp-2008.