United States v. Hansen, No. 21-1403 (8th Cir. 2022)
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Officer Deaver learned Hansen's girlfriend had purchased a shotgun, listing her address as the home she shared with Hansen. Knowing Hansen had a prior felony conviction, Deaver rode to the property, on a pickup day, in a garbage truck operated by J&J Sanitation. Deaver retrieved a trash container outside the garage and emptied the contents. Officers sorted the trash and found gun catalogs, a plastic baggie containing marijuana, and a transaction history documenting Hansen’s purchases of gun parts. A Nebraska state judge issued a warrant authorizing a search of Hansen’s residence, where law officers seized firearms and ammunition.
Charged as a felon in possession of a firearm, Hansen unsuccessfully moved to suppress the evidence and sought a “Franks” hearing, alleging that Deaver omitted material information from the warrant affidavit when he failed to mention that his trash container was located on private property. Hansen asserted he had an agreement with J&J not to pick up his trash unless he moved the container “to a public property location” 200 feet from his garage. Hansen claimed he told J&J not to use the “driveway” leading to his house. The district court sentenced Hansen to 36 months' imprisonment. The Eighth Circuit affirmed, noting that it was not clear whether the trash was beside a private driveway or a public street and that Deaver had no way of knowing about any agreement Hansen might have had with J&J.
Court Description: [Erickson, Author, with Benton and Kelly, Circuit Judges] Criminal case - Criminal law. Defendant's trash was readily accessible to the public in the location where the officer found and searched the garbage, and a more complete description of defendant's property in the search warrant application would not have been clearly critical to the probable cause determination; as a result, the district court did not err in denying defendant's request for a Franks hearing.
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