State v. Wiley

366 N.W.2d 265, 1985 Minn. LEXIS 1048
CourtSupreme Court of Minnesota
DecidedApril 19, 1985
DocketCX-83-1672
StatusPublished
Cited by131 cases

This text of 366 N.W.2d 265 (State v. Wiley) 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. Wiley, 366 N.W.2d 265, 1985 Minn. LEXIS 1048 (Mich. 1985).

Opinions

AMDAHL, Chief Justice.

Appellant was found guilty of possession of a Schedule I controlled substance by the Hennepin County District Court, in violation of Minn.Stat. § 152.09, subd. 1(2) (1984). The prosecution arose out of the seizure at appellant’s residence, pursuant to a search warrant, of two boxes containing loose, suspected marijuana. Appellant moved to suppress this evidence on the ground that the affidavit filed in support of the search warrant did not establish probable cause to search the residence. Appellant also moved for disclosure of the identity of the informant who provided the information contained in the affidavit. Appellant appealed the denial of these motions to [267]*267the Court of Appeals, claiming in addition that the evidence was insufficient to support the trial court’s findings that the seized substances were marijuana and that appellant constructively possessed the substances. The Court of Appeals, sitting en banc, unanimously found the evidence sufficient to support the verdict and unanimously affirmed the trial court’s denial of appellant’s motion to disclose the identity of the informant. The Court of Appeals divided, however, on whether the affidavit in support of the application for the search warrant was sufficient to establish probable cause to search, affirming the trial court by virtue of even division of the en banc panel. 348 N.W.2d 86. We affirm.

On January 24, 1983, Lieutenant Tidg-well of the Minneapolis Police Department applied for and obtained a warrant to search a residence at 1501 Upton Avenue North for stolen guns and narcotics. Tidg-well and other officers went to 1501 Upton and executed the warrant. When they arrived at the house, appellant and another person were present.

Officer Brademan, an officer in the narcotics department of the Minneapolis Police Department, assisted in the search of 1501 Upton. Because he had special training in the identification of controlled substances, Brademan was present specifically to search for narcotic drugs. In a bedroom labeled “2” on the north side of the house, Brademan discovered and seized approximately 6 ounces of a green, leafy substance suspected to be marijuana: about 5.5 ounces were found in a large, tinfoil lined box, and an additional .5 ounce was found in a syringe box, dated August 6, 1981, which had appellant’s name and a Hennepin County Medical Center label on it. The large box also contained a smaller box, which had appellant’s name and the date April 17, 1982, written on it. Brade-man also found men’s clothing in the closet of a size that would fit appellant and letters and envelopes addressed to appellant at that address. There were also letters addressed to several other people at that location.

Appellant, after receiving a Miranda warning and saying he wanted to talk, told Brademan that he lived at 1501 Upton and worked there for New World Advocates, which operates out of 1501 Upton. He denied occupying the bedroom in which the suspected marijuana was found and stated that others occupied the dwelling at various times. Later, appellant denied living at 1501 Upton. Robert Piazza, a detective for the Minneapolis Police, testified that in August of 1982, he had been assigned a robbery case in which Wiley was the victim. At that time, Wiley said he lived at 1501 Upton. Moreover, in October 1982, Wiley had written a letter to the chief of police that indicated his address was 1501 Upton.

Dawn Speier, a public health chemist for the City of Minneapolis, examined the seized substances to determine whether the material was marijuana. Speier, an experienced analytical chemist, has had specific training in the identification of controlled substances. She performed a microscopic examination of the substances and a thin-layer chromatography test.

Microscopic examination is used to determine if the plant matter is of the species cannabis. In looking at the substance, Speier saw three kinds of hairs. One, a cystolis, had a small cell of calcium carbonate at its base. Speier determined the presence of calcium carbonate by placing acid on the substance and observing that it bubbled. She also observed long, nonglan-dular hairs and very long hairs grouped closely together on the plant. These characteristics indicated that the substance was marijuana. Three identifying characteristics of marijuana — palmate leaves, absence of buds where leaflets join the stem of the plant, and serrated leaf edges — could not be checked because Speier lacked a full leaf of the plant and was examining crushed material.

Thin-layer chromatography was used to identify the presence of tetrahydrocannabi-nol (THC), a Schedule I controlled substance, in the material seized. To perform this test, Speier dissolved standard THC and the suspected marijuana in solvents. [268]*268The resulting solutions were spotted onto a thin-layer plate and allowed to develop. The position of the spots from the two samples of suspected marijuana was then compared to the position of the spot from the THC standard material. Speier found that the samples matched the known THC standard.

The trial court found appellant guilty of possession of marijuana.

1. Appellant asserts that the search ■warrant authorizing the search of 1501 Upton was unsupported by probable cause. The affidavit in support of the application for the search warrant, in pertinent part, stated that:

On 1-24-83 the CRI came into the Organized Crime Office and told me that hd [sic] been at 1501 Upton Ave. N. on 1-22-83 at 2330 hrs. At that time in the basement he had seen 15-20 handguns and rifles in a cardboard box that the occupant of that dwelling stated were stolen. He also saw narcotics consisting of marijuana and cocaine at the same time. The CRI has been at this dwelling on numerous occasions and has seen stolen property there consisting of guns stereos, TV’s and other mise, items. The occupant is described as a Black Male, late 40’s, close to 7 ft. tall, about 300 pounds and he lives there with a white female named Clare. I checked the listing in the cross directory for 1501 Upton Ave. N. and it lists to Clare Bettymae Masanz. I also checked a 1973 Mercedes in front of that address that the CRI indicated is driven by the black male and the white female and I obtained the license number of DMJ 234. This vehicle list to CLARE BETTYMAE MaSANZ, 1501 Upton Ave. N. and is a 4 door blue in color. The CRI indicates that there is also a white male, name unk. who is temporarily staying in the basement where the guns are located. The white male is suppose to help the black [male] do income tax statements for the neighborhood people who want their services.
It should be noted that the CRI has been used over several years successfully. It should also be noted that the black man that has the guns at 1501 Upton Ave. N. admitted to the CRI that the guns and other objects in his home are stolen.

In Illinois v. Gates, 462 U.S. 213, 103 S.Ct. 2317, 76 L.Ed.2d 527 (1983), the Supreme Court ruled that the presence of probable cause should be determined under a “totality of the circumstances” test:

The task of the issuing magistrate is simply to make a practical, commonsense decision whether, given all the circumstances set forth in the affidavit before him, including the “veracity” and “basis of knowledge” of persons supplying hearsay information, there is a fair probability that contraband or evidence of a crime will be found in a particular place.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State of Minnesota v. Jennifer Lynn Nagle
Court of Appeals of Minnesota, 2024
State of Minnesota v. Nicholas James Gould
Court of Appeals of Minnesota, 2024
State of Minnesota v. Chad William Buckley
Court of Appeals of Minnesota, 2024
State of Minnesota v. Justin Thomas Keodouangdy
Court of Appeals of Minnesota, 2024
State of Minnesota v. Lyndon Akeem Wiggins
Supreme Court of Minnesota, 2024
State of Minnesota v. David Wokeph Natee
Court of Appeals of Minnesota, 2024
State of Minnesota v. Keevin Lashawn Hinton
Court of Appeals of Minnesota, 2023
State of Minnesota v. Carla Camille Thomas
Court of Appeals of Minnesota, 2016
State of Minnesota v. Maureen Ndidiamaka Onyelobi
879 N.W.2d 334 (Supreme Court of Minnesota, 2016)
State of Minnesota v. Mark Anthony Sanders
Court of Appeals of Minnesota, 2016
State of Minnesota v. Dana Jerome Duncombe
Court of Appeals of Minnesota, 2016
State of Minnesota v. Andre Thomas Johnson
Court of Appeals of Minnesota, 2015
State of Minnesota v. Wayne Joseph Simonson
Court of Appeals of Minnesota, 2015
State of Minnesota v. Thomas James Mitchell
Court of Appeals of Minnesota, 2015
State of Minnesota v. Ronald Keith Halverson
Court of Appeals of Minnesota, 2015
State of Minnesota v. Jonathan Andrew Bursch
Court of Appeals of Minnesota, 2015
State of Minnesota v. Roger Earl Holland
865 N.W.2d 666 (Supreme Court of Minnesota, 2015)
State of Minnesota v. Kunta Kinta Viverette
Court of Appeals of Minnesota, 2015
State of Minnesota v. Jimmy Dawayne Lester
Court of Appeals of Minnesota, 2015
State of Minnesota v. Adam Alvarado
Court of Appeals of Minnesota, 2015

Cite This Page — Counsel Stack

Bluebook (online)
366 N.W.2d 265, 1985 Minn. LEXIS 1048, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-wiley-minn-1985.