State v. Meizo

297 N.W.2d 126, 1980 Minn. LEXIS 1508
CourtSupreme Court of Minnesota
DecidedJuly 3, 1980
Docket48338
StatusPublished
Cited by8 cases

This text of 297 N.W.2d 126 (State v. Meizo) is published on Counsel Stack Legal Research, covering Supreme Court 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. Meizo, 297 N.W.2d 126, 1980 Minn. LEXIS 1508 (Mich. 1980).

Opinions

SCOTT, Justice.

This is an appeal from a criminal conviction for the possession with intent to sell of a controlled substance, contrary to Minn. Stat. §§ 152.01, 152.02, 152.09, and 152.15. The conviction followed a court trial in the Anoka County District Court. At the omnibus hearing held prior to trial, defendant moved to suppress the evidence seized from his home pursuant to a search warrant on the ground that the search warrant was issued without probable cause. The court [127]*127denied the motion to suppress, and on appeal defendant challenges that ruling. We affirm.

The facts are not in dispute. Officer Neil Duncan of the Fridley Police Department, through information received from informants and from his personal observations, suspected defendant of trafficking in narcotics. On the morning of August 5, 1976, Duncan prepared an application for a search warrant of the premises occupied by Meizo. In support of this application, Duncan submitted his affidavit, which reads as follows:

Your affiant is a detective employed by the Fridley, Minnesota, Police Department.
On August 3 and 4 and on August 5, 1976, your affiant has interviewed at least 4 persons who have supplied confidential information implicating adult Dave Neizo [sic] of 7303 Able Street, Fridley, Minnesota, to be in possession of controled [sic] substances with the intent to distribute.
Also, these four persons have admitted purchasing marijuana and controled [sic] chemicals in quantity from Dave Neizo . [sic].

At the application hearing, Duncan presented oral testimony to the magistrate which was supplemental to the information contained in the affidavit. This oral testimony was not recorded. The search warrant was issued and immediately executed. Several items of contraband were seized and Meizo and others were arrested and charged.

At the omnibus hearing, the court permitted Duncan to testify and relate the facts he had orally supplied to the issuing magistrate, thereby supplementing his affidavit. He testified that the additional information which he gave to the magistrate consisted of statements that:

(1) he had been gathering intelligence on defendant for one week;

(2) he conducted a personal surveillance of defendant’s premises the night before the arrest between 9 p. m. and midnight at which time he saw much traffic in and out of the premises;

(3) his information was that large quantities of controlled substances were coming into the premises in gunny sacks or similar containers and that marijuana was leaving the premises in 12-pack beer cases;

(4) his information was that all types of drugs were being sold and that one party had bought $1,500 worth;

(5) his information was received from four different people at four different times and those four people were the persons referred to in his affidavit.

Defendant objected to the admission of this testimony and moved to suppress the seized evidence. This motion was denied. At trial, the seized evidence was admitted and a conviction obtained. The items seized consisted of:

(1) three bricks of marijuana weighing in the aggregate 45.7 ounces;

(2) three notebooks containing references to drugs;

(3) a rent receipt with defendant’s name and the 7303 Able Street N. E. address on it;

(4) a brown leather pouch in which were six foil packets containing methampheta-mines.

We have no trouble concluding that the affidavit itself appears deficient on its face. Thus, the sole issue becomes:

Is evidence seized, based upon a search warrant wherein the affidavit appears deficient on its face, constitutionally admissible where supplemental sworn testimony reveals that the magistrate himself had the required probable cause for the issuance of the warrant?

We had occasion to consider this precise question in the case of State v. Campbell, 281 Minn. 1, 161 N.W.2d 47 (1968). There, a peace officer obtained a warrant based upon his affidavit and unrecorded sworn testimony. The defendant claimed that the unrecorded testimony could not be used to establish probable cause. In rejecting this contention, we stated that:

[128]*128Our statutes, * * * implementing the constitutional mandate, provide for supporting affidavits of probable cause and the reduction of sworn statements to affidavit form. [The officer’s] sworn testimony was not reduced to writing, but we do not view this as a fatal defect. It would have been far better practice of course, for all essential information to have been stated in the original affidavit, or, alternatively, that [the officer’s] sworn statements be reduced to writing and subscribed by him. Neither the constitution nor the statutes, however, should be construed to exalt form above substance, the important thing being that the magistrate himself shall have a reliable basis for the issuance of the warrant.

281 Minn. 8, n.3, 161 N.W.2d 52, n.3. The decision of State v. Burch, 284 Minn. 300, 170 N.W.2d 543 (1969), which does not mention the Campbell case, contains language claimed to be in conflict with our opinion in Campbell. Although we fail to see any inconsistency, by today’s decision we wish to resolve any confusion on the matter by our reaffirmation of the Campbell holding.

The Fourth Amendment provides, in pertinent part, that “no Warrants shall issue, but upon probable cause, supported by Oath or affirmation * * It is unquestioned that, other than the oath requirement, this constitutional provision does not mandate the form the probable cause information must take. Rather, the intention of the Fourth Amendment is to ensure that a magistrate is apprised, in whatever manner, of adequate facts that establish probable cause before a warrant shall issue. E. g., United States ex rel. Gaugler v. Brierley, 477 F.2d 516 (3rd Cir. 1973); Gillespie v. United States, 368 F.2d 1 (8th Cir. 1966). As the Brierley court declared:

The Fourth Amendment requires only that the judicial officer issuing a search warrant be supplied sufficient information, under oath or affirmation, which would support an independent judgment that probable cause exists for the warrant’s issuance.

477 F.2d 522 (emphasis in original; footnote omitted). Similarly, in State v. Burch, supra, we stated:

The Fourth Amendment simply requires “probable cause, supported by oath or affirmation” and does not specify the manner in which it is to be shown. Further, the United States Supreme Court cases make it clear that the primary concern is that the magistrate be sufficiently informed to make an independent determination, and not how he is so informed.

284 Minn. 307, 170 N.W.2d 549.

Moreover, in ascertaining the validity of a warrant, we must keep in mind the directives of the United States Supreme Court:

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State v. Lindsey
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460 N.W.2d 632 (Court of Appeals of Minnesota, 1990)
State v. Meizo
297 N.W.2d 126 (Supreme Court of Minnesota, 1980)

Cite This Page — Counsel Stack

Bluebook (online)
297 N.W.2d 126, 1980 Minn. LEXIS 1508, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-meizo-minn-1980.