Tenth Circuit US v. Augustine 12-3269

Decision here.

   Not much to say about this one...

   After another pair of drug dealers were arrested, they rolled on Augustine.  Police used that information to get a warrant for Augustine's house, which led to the discovery of incriminating evidence.  Augustine was arrested, and made some incriminating statements post-Miranda.  He was convicted of two counts of conspiracy to distribute methamphetamine, and appealed his conviction.

   He argued that the warrant was based on an affidavit which did not establish probable cause.  Interestingly, the trial court never decided whether or not the affidavit supported probable cause.  Instead, they decided that the good faith exception rendered the evidence admissible even if the affidavit fell short.  Augustine argued that the affidavit was so devoid of factual support as to render the good faith exception inapplicable.

   The information in the affidavit seemed pretty straightforward to me.  I thought there was PC.  The Tenth Circuit decided not to decide that, but decided to agree with the trial court that even if the affidavit fell short, it was good enough that the good faith exception would apply.  So the evidence was admissible.

   As far as Miranda goes... Augustine waived his rights and told the officers that he was not under the influence of any drugs, and that he was supposed to take some prescription drugs (stuff they prescribe for mental illness).  He apparently seemed sober and coherent during the interrogation, and made a lot of admissions that he probably wished he could take back when his case went to trial.  At a few points during the interrogation, he mentioned that he would like to take his prescription drugs (but never said he wouldn't continue the interview without them).  His argument on appeal was that he actually was under the influence of illegal drugs and that he needed his prescription drugs, and that therefore his Miranda waiver was not knowing, voluntary, or intentional.

   The trial court didn't buy it, and neither did the Tenth Circuit.  Augustine's Miranda waiver was held to be valid.  His convictions were upheld.