United States v. Dalton, No. 17-2146 (10th Cir. 2019)Annotate this Case
In 2017, Michael Dalton was convicted by a jury of being a felon in possession of a firearm. Dalton challenged his conviction on several evidentiary grounds; the Tenth Circuit Court of Appeals agreed with only one: that the district court should have excluded the evidence the government obtained during the second search of Dalton’s residence that occurred in this case, which the Court concluded was unlawful. The police conducted the second search of Dalton’s residence pursuant to a warrant that permitted the officers to search for firearms and firearm paraphernalia based on: (1) the officers’ discovery of an AK-47 in Dalton’s car; (2) their knowledge that Dalton could not lawfully possess firearms as a previously convicted felon; and (3) their knowledge from training and experience that, frequently, persons who have firearms in their vehicles also have firearms in their homes. However, after the officers obtained the search warrant but before they executed it, the officers discovered that someone other than Dalton had been driving Dalton’s vehicle with the AK-47 in it, which, when combined with the other facts the officers knew, made it materially less likely that firearms and firearm paraphernalia would be found in Dalton’s residence. Nonetheless, the officers conducted the search. The Tenth Circuit concluded the second search was not supported by probable cause. However, it determined the inclusion of the evidence discovered in the second search at Dalton’s trial was harmless error. Therefore, the Court affirmed Dalton’s conviction.