United States v. Turner, No. 18-2262 (8th Cir. 2019)
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The Eighth Circuit affirmed the district court's denial of defendant's motion to suppress a bag of drugs found at defendant's feet after he pleaded guilty to knowingly and intentionally possessing with intent to distribute five or more grams of methamphetamine. The court held that the district court did not err by denying the motion to suppress, because the officers were talking to another individual and their act of shining a flashlight to illuminate defendant in the darkness was not a coercive act that communicated an official order to stop or comply.
The court also held that the district court did not abuse its discretion by denying defendant's motion for a subpoena duces tecum, because defendant failed to identify the specific reports he sought in his motion. Finally, the court rejected defendant's evidentiary challenges, holding that there was no error in admitting texts and photos taken from defendant's phone. In this case, the evidence was authenticated and did not constitute inadmissible hearsay. Even if the screenshot of the text-message conversation at issue contained inadmissible hearsay, admitting them was harmless. Finally, the court held that the jury's verdict was supported by sufficient evidence.
Court Description: Melloy, Author, with Colloton and Shepherd, Circuit Judges] Criminal case - Criminal law. The district court did not err in denying defendant's motion to suppress meth found at his feet during a nighttime encounter with police; the officers' act of shining a light on defendant was not a coercive act that communicated an official order to stop and comply; no error in denying defendant's motion for a subpoena duces tecum to review police phone records as he failed to identify the specific records and reports he sought; no error in admitting texts and photos extracted from defendant's phone as the evidence provided a rational basis to believe the messages and pictures were defendant's; photos and text messages retrieved from defendant's phone were not hearsay, but assuming for the sake of argument that a screenshot of a text-message was inadmissible hearsay, its admission was harmless in light of the overwhelming evidence of defendant's guilt; jury verdict was supported by substantial evidence.
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