Criminal Law: Warrant Application-Backyard Deck

Where a defendant in a methamphetamine case challenged the denial of his motion to suppress, arguing that officers violated his Fourth Amendment right against unreasonable searches by going onto his backyard deck, the judgment is affirmed because an officer saw the defendant’s truck in the driveway and reasonably believed he was home so the officer was lawfully present on the back deck when he saw a beaker in plain view, and information in the warrant application was corroborated by additional evidence, so probable cause was established.

Judgment is affirmed.

U.S. v. Reed (MLW No. 73078/Case No. 18-1852 – 9 pages) (U.S. Court of Appeals, 8th Circuit, Benton, J.) Appealed from U.S. District Court, Western District of Missouri.