United States v. Caldwell

114 F. App'x 178
CourtCourt of Appeals for the Sixth Circuit
DecidedNovember 5, 2004
Docket03-4294
StatusUnpublished
Cited by3 cases

This text of 114 F. App'x 178 (United States v. Caldwell) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Caldwell, 114 F. App'x 178 (6th Cir. 2004).

Opinion

OPINION

GILMAN, Circuit Judge.

Henry Caldwell entered a conditional plea of guilty to possession of more than 50 grams of cocaine base (crack) with the intent to distribute, and to possession of a firearm after having been convicted of a felony. Pursuant to Rule 11(a)(2) of the Federal Rules of Criminal Procedure, Caldwell reserved the right to appeal the decision of the district court that denied his motion to suppress the evidence.

On appeal, Caldwell argues that (1) the affidavit supporting the search warrant did not provide probable cause for the search, (2) the district court erred in denying him a Franks hearing or, in the alternative, an in camera proceeding to determine the reliability of the information source, and (3) the district court erred in applying the Leon good-faith exception to the present case. For the reasons set forth below, we AFFIRM the judgment of the district court.

I. BACKGROUND

In April of 2002, a municipal judge in Akron, Ohio authorized a search of 136 Bachtel Avenue, Akron, Ohio for evidence of drug trafficking. Detective A. Stump, a 22-year veteran of the Akron Police Department, filed an affidavit in support of the application for the search warrant. He explained in the affidavit that, over the course of one week, he had gone to 136 Bachtel Avenue accompanied by an “information source” and that the source had, on two separate occasions, entered the residence and made controlled purchases of crack from Caldwell. According to Stump, the source “observed a large quantity of crack cocaine inside of the premises” during the first purchase and, during the second purchase, “the source observed several assault type firearms inside of the premises.”

Officers from the Akron Police Department executed the search warrant and seized a Glock .45 caliber pistol and over 50 grams of crack from the residence in question. Caldwell was present during the search. A grand jury returned a two-count indictment against Caldwell, charging him with (1) being a felon in possession of a firearm, based upon his previous drug trafficking, robbery, and felonious assault convictions, and (2) possessing crack with the intent to distribute.

Caldwell moved to suppress all of the physical evidence seized during the search. After hearing arguments, the district court denied Caldwell’s motion. Caldwell then entered a conditional plea of guilty to both counts of the indictment, but reserved his right to appeal the denial of his motion to suppress. The district court entered judgment against Caldwell in September of 2003, sentencing him to 262 months of imprisonment and 10 years of supervised release. This timely appeal followed.

*180 II. ANALYSIS

A. Standard of review

We will set aside the factual findings of the district court in denying a motion to suppress only if clearly erroneous, which means that “the factual findings will be overturned only if the reviewing court has the definite and firm conviction that a mistake has been committed.” United States v. Pinson, 321 F.3d 558, 562 (6th Cir.2003) (citation and quotation marks omitted). The legal conclusions of the district court, on the other hand, are reviewed de novo. Id. When reviewing an affidavit in support of a search warrant, we consider the “totality of the circumstances” and ask the “commonsense, practical question of whether there is probable cause to believe that contraband or evidence is located in a particular place.” Id. (citations and quotation marks omitted). We also accord great deference to a magistrate judge’s determination of probable cause. Id.

B. The affidavit supporting the search warrant provided probable cause

According to Caldwell, the affidavit underlying the search warrant failed to show probable cause because the statements made by the information source were not corroborated. Caldwell argues that “this Affidavit is even less than a barebones affidavit in that it only shows the affiant’s naked endorsement of what his alleged source supposedly told him.” The facts, however, belie Caldwell’s argument.

This court has held that “where a known person, named to the magistrate, to whose reliability an officer attests with some detail, states that he has seen a particular crime and particular evidence, in the recent past, a neutral and detached magistrate may believe that evidence of a crime will be found.” Pinson, 321 F.3d at 563 (emphasis in original) (quoting United States v. Allen, 211 F.3d 970, 976 (6th Cir.2000) (en banc)). In Pinson, this court considered the sufficiency of an affidavit similar to the affidavit in the present case. The defendant in Pinson pled guilty to various drug trafficking offenses, conditioned upon his right to appeal the district court’s denial of his motion to suppress the evidence seized by the police. Pinson argued, like Caldwell, that the affidavit supporting the search warrant was a “bare bones” affidavit lacking evidence of the confidential informant’s (Cl’s) reliability.

This court held that the affidavit in Pin-son provided probable cause for the search, reasoning that the affiant stated that he knew the Cl, named the Cl to the magistrate, averred that the Cl had provided reliable information in the past, and noted that the Cl had personally purchased cocaine from the location at issue in the search warrant. Also significant was the fact that the affidavit related that the officer had personally observed the Cl make the controlled purchase, that he had patted down the Cl before and after the purchase, and that the substance purchased by the Cl tested positive for cocaine. Id. at 563.

The facts of Pinson are similar in many ways to those in the present case. Detective Stump watched Akron narcotics officers pat-down the source prior to each of the two controlled purchases to ensure that the source was not carrying any drugs or money of his own. On these two occasions, the source, after being provided with money from the Akron Police Department, entered the premises in question and exited shortly thereafter. Detective Stump said that upon the source’s return from the premises, “the source delivered to affiant a quantity of cocaine that the source stated was purchased from Henry Lamont Caldwell within the premises with the funds *181 previously provided.” In addition, the source told Detective Stump that the source had observed a large quantity of crack inside the premises during the first controlled purchase and several assault fireai'ms on the premises during the second controlled purchase.

The primary differences between this case and Pinson are that (1) the source here does not appear to have been named to the magistrate, and (2) the past reliability of the source is less clear. In

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Related

United States v. Neal Stone
676 F. App'x 469 (Sixth Circuit, 2017)
United States v. Clay
1 F. Supp. 3d 688 (E.D. Kentucky, 2014)
Caldwell v. United States
544 U.S. 978 (Supreme Court, 2005)

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Bluebook (online)
114 F. App'x 178, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-caldwell-ca6-2004.