United States v. Anderson

273 F. Supp. 2d 921, 2003 U.S. Dist. LEXIS 12668, 2003 WL 21730574
CourtDistrict Court, E.D. Michigan
DecidedJuly 22, 2003
DocketNo. CRIM. 03-50010
StatusPublished
Cited by1 cases

This text of 273 F. Supp. 2d 921 (United States v. Anderson) is published on Counsel Stack Legal Research, covering District Court, E.D. Michigan primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Anderson, 273 F. Supp. 2d 921, 2003 U.S. Dist. LEXIS 12668, 2003 WL 21730574 (E.D. Mich. 2003).

Opinion

[923]*923 MEMORANDUM OPINION AND ORDER DENYING DEFENDANT’S MOTION TO SUPPRESS EVIDENCE

GADOLA, District Judge.

Before the Court is Defendant’s motion to suppress evidence. The Court conducted an evidentiary hearing in this matter on April 16, 2003. Following the evidentiary hearing, the Court permitted the parties to obtain a transcript and file supplemental briefs. The Government filed its supplemental response brief on May 5, 2003, and Defendant filed his reply brief on May 15, 2003. The Court heard oral argument on June 17, 2003. For the reasons set forth below, the Court shall deny Defendant’s motion.

I. BACKGROUND

At the evidentiary hearing, the Government introduced the testimony of Sergeant Allen McLeod and Sergeant Shawn Ellis, both of the Flint Police Department. Defendant introduced the testimony of Flint Police Officers Ronald Dixon, Terrell Weston, and Richard Besson. Defendant also testified. Having now considered the testimony presented, the Court now sets forth the relevant background in this matter.

On the night of June 19, 2002, Sergeant McLeod was on duty with his partner, Sergeant Shawn Ellis. At about 9:30 p.m. on the night of June 19, the two officers responded to a Flint Police general broadcast requesting cars to check suspected drug activity in the 3600 block of Kleinpell Street in Flint. McLeod and Ellis arrived at the 3600 block of Kleinpell at approximately 10:40 p.m. Neither officer was in uniform, and the officers were driving a semi-marked police cruiser.

Upon arriving at the 3600 block of Kleinpell, McLeod observed that the house located at 3602 Kleinpell was completely dark. McLeod also observed trash on the curb and four individuals standing on or near the porch of the residence. McLeod testified that, based upon the trash and the fact that the house was dark, he suspected that the residents of the house may have either moved out or been evicted. In any event, the house appeared to be vacant. McLeod also testified that the area was known for drug activity and that there was a posted “no loitering, drug area” sign on one of the telephone poles just north of the residence. In addition, McLeod noted that he had made numerous arrests for drug-related offenses in the area. McLeod did notice that other houses on the 3600 block of Kleinpell had at least some lights on at the time that he approached 3602. Moreover, he did not observe any garbage at the curb in front of any other house.

After pulling the cruiser into the driveway of 3602 Kleinpell, McLeod and Ellis approached the individuals who were standing in front of the house. McLeod identified himself as a Flint Police Officer and asked whether any of the four individuals lived at the residence. Although initially all four individual denied living at the residence, one of the individuals, later identified as Defendant Maurice Anderson, stated that his aunt lived in the house. (Hrg. Tr. 15-16.) While McLeod was speaking with the four individuals, he observed a partially smoked marijuana “blunt” on the front porch of the residence. McLeod made no comment regarding the marijuana blunt at that point but continued to converse with the four individuals. At some point thereafter, Defendant stated that he lived at the residence and that he had papers that would prove this fact inside the house. (Hrg. Tr. 17, 18, 40.)

McLeod testified that he and Defendant had discussed why the lights in the house were off. According to McLeod, Defendant indicated that he had smelled what he thought were burning electrical wires in[924]*924side the house. Because of the burning wires, Defendant stated either that he had turned off the power to the house, or that he had turned off the lights. At some point during this conversation, McLeod called for backup, and Officers Terrell Weston and Ronald Dixon arrived on the scene in a marked police car and in full uniform less than five minutes after receiving the call.

In discussing the alleged burning wires inside the house, McLeod testified that Defendant invited McLeod into the house, stating, You can go inside and smell for yourself.’ ” (Hrg. Tr. 19, 39-40.) McLeod then followed Defendant into the house. McLeod testified that Defendant actually led him into the house and denied that he was holding Defendant by the arm as he was approaching the house. (Hrg. Tr. 41.) Inside the house, McLeod smelled what he believed to be burning or burnt electrical wires. At that point, McLeod asked Defendant where the fuse box was located so that he could shut off the power to the house. Defendant allegedly responded by stating, “ ‘You’re not Consumers Power.’ ” (Hrg. Tr. 19.) At this point, McLeod was standing just inside the front door of the house in what he believed to be the dining room. McLeod testified that he was standing within five feet of the front door of the house. While standing in this location, McLeod observed, on a small dining room table next to the east wall, right next to the front door, a baggie of suspected cocaine, a digital scale, and bag of sandwich baggies. McLeod immediately recognized the cocaine and advised Defendant that he was under arrest for at least possession of cocaine. At that point, McLeod handcuffed Defendant and called Sergeant Ellis into the residence for assistance. McLeod asked Defendant for permission to search the residence, and Defendant allegedly responded that he was just subleasing the house and that he could not give permission to search. (Hrg. Tr. 21.) McLeod and Ellis subsequently left the premises for the purpose of obtaining a search warrant, which was issued approximately two to three hours later. McLeod testified that at no point prior to his entry into the residence did he or Sergeant Ellis frisk any of the four individuals present at 3602 Kleinpell.

Sergeant Ellis’ testimony largely corroborated Sergeant McLeod’s version of events regarding the officers’ decision to approach 3602 Kleinpell and the conversation that ensued after the officers arrived on the scene. On direct examination, Ellis confirmed that Defendant had invited Sergeant McLeod into the residence for the purpose of smelling the burning wires. (Hrg. Tr. 67.) On cross-examination, Ellis testified that Defendant had stated to McLeod, “Come on in. Come smell for yourself.” (Hrg. Tr. 70.) However, Ellis also admitted that Defendant may have said only, “You can smell it.” (Hrg. Tr. 70.) Sergeant McLeod testified that Sergeant Ellis was not present during the point in the conversation when Defendant invited McLeod into the residence, but that Ellis had walked across the street with one of the four individuals to a truck that was parked in the street. (Hrg. Tr. 62.) However, Sergeant Ellis testified that he was in fact standing at the front of the house during the point of the conversation when Defendant purportedly invited McLeod into the house. (Hrg. Tr. 70.) Ellis stated that he was across the street looking at the truck while McLeod was inside the house with Defendant. (Hrg. T. 72.)

Flint Police Officer Ronald Dixon testified that he and his partner, Officer Terrell Weston, were called to 3602 Kleinpell on the night of June 19, 2002 by Sergeant McLeod and Sergeant Ellis. When he arrived on the scene, Dixon observed McLeod and Ellis conversing with four [925]*925individuals in the front yard. Dixon testified that he heard Defendant invite McLeod into the residence for the purpose of examining the electrical problem inside the house. (Hrg. Tr. 80.) However, Dixon could not testify with certainty as to the exact words exchanged during the conversation. (Hrg. Tr.

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Bluebook (online)
273 F. Supp. 2d 921, 2003 U.S. Dist. LEXIS 12668, 2003 WL 21730574, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-anderson-mied-2003.