United States v. Chapman

112 F. App'x 469
CourtCourt of Appeals for the Sixth Circuit
DecidedOctober 13, 2004
Docket03-1651
StatusUnpublished
Cited by7 cases

This text of 112 F. App'x 469 (United States v. Chapman) 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. Chapman, 112 F. App'x 469 (6th Cir. 2004).

Opinions

BOGGS, Chief Judge.

Defendant Paul Chapman was convicted by a federal jury on drug-trafficking and firearm charges. He appeals, claiming that 1) the physical evidence against him was discovered using a search warrant issued based on an affidavit that did not establish probable cause; 2) his written [471]*471confession was given involuntarily; and 3) the district court improperly denied his motion to discover the identity of a confidential informant. Because we find that these contentions lack merit, we uphold Chapman’s conviction.1

I

On October 1, 2001, ATF Agent John Hoffman sought a search warrant for Chapman’s residence in eastern Detroit, Michigan, from a federal magistrate judge. To establish probable cause to search for narcotics and weapons there, Hoffman submitted an affidavit stating in relevant part:

On September 25, 2001, a confidential informant claimed to have seen Chapman, a felon, in possession of an assault rifle at Chapman’s residence in December 2000.

The informant also claimed to have seen Chapman distributing narcotics while armed with a handgun elsewhere in the east side of Detroit in late August 2001.

This same informant had previously provided accurate information to the ATF leading to the seizure of handguns and cocaine.

Chapman had been jailed six times in Michigan for weapons and drug offenses.

Hoffman had searched through curbside rubbish from Chapman’s residence, and found silver duct-tape packaging, which Hoffman knew from his law-enforcement experience was commonly used to package narcotics.

A Detroit police canine officer’s dog had indicated the presence of drugs in a file cabinet containing Chapman’s discarded duct tape.

Based on this affidavit, the magistrate judge issued a search warrant.

When ATF agents arrived at Chapman’s residence with the warrant, they found Chapman outside. ATF Agent Jakubowski testified that he served the search warrant, handcuffed Chapman, and read him his Miranda rights. Chapman testified that he was not read his Miranda rights at this time. Moreover, he claims that he was befuddled and intimidated because he had just taken heroin.

The agents searched the house and interviewed Chapman. Later, after reading his Miranda rights again, the agents took signed statement summarizing his admissions, including that he had two handguns and an assault rifle in his be droom, and heroin, cocaine, and $25,000 cash in a safe. The agents found all of these items where Chapman had said they would be.

Chapman was arrested, indicted, tried, and convicted of being a felon in possession of a firearm, and of possession of cocaine, heroin, and marijuana with intent to distribute, in violation of 18 U.S.C. § 922(g) and 21 U.S.C. § 841(a)(1). During these proceedings, the district court denied his motion to suppress the results of the October 1, 2001 search, and denied his motion to discover the identity of the confidential informant described in Hoffman’s affidavit.

II

A court reviews a magistrate’s issuance of a search warrant with deference, [472]*472suppressing the resulting evidence only if the magistrate’s finding of probable cause was arbitrary. United States v. Greene, 250 F.3d 471, 478 (6th Cir.2001). We review the district court’s determination of probable cause at a suppression hearing de novo as to legal conclusions and for clear error as to findings of fact. United States v. Smith, 182 F.3d 473, 476 (6th Cir.1999). We consider the affidavit upon which the warrant was based in a “commonsense” manner, asking whether, in view of the totality of the circumstances, there was a “fair probability” that contraband would be found. Id. at 479 (quoting United States v. Davidson, 936 F.2d 856, 859 (6th Cir.1991)).

Part of the totality of circumstances to be considered as to an affidavit’s sufficiency is an informant’s “veracity, reliability and basis of knowledge.” United States v. Allen, 211 F.3d 970, 972 (6th Cir.2000)(en banc)(quoting Illinois v. Gates, 462 U.S. 213, 103 S.Ct. 2317, 76 L.Ed.2d 527 (1983))(internal quotations omitted). When an affidavit lacks any indicia of the sole informant’s reliability, the police must corroborate the informant’s eyewitness report. Id. at 976. Here, however, the affidavit specifically sets forth that the informant had previously provided the ATF with accurate and productive information. The magistrate judge could correctly consider the informant reliable. Id. at 975.

This does not end our inquiry, because the eyewitness information provided by the confidential informant was rather thin: he had seen an assault weapon in Chapman’s home nine months before, and eight months later had seen Chapman dealing drugs on the streets of the same city with a different gun. The issue is whether these allegations warrant a belief that a search of Chapman’s home had a “fair probability” of revealing weapons and/or drugs. Gates, 462 U.S. at 238.

To determine whether probable-cause evidence is stale, a court considers the defendant’s course of conduct, the nature and duration of the crime, the nature of the evidence, and more recent corroboration. For example, information two years old is not stale as regards a long-term and non-portable enterprise like growing marijuana, but a two-month old sighting of retail-narcotics cash proceeds is stale where the affidavit does not indicate that the defendant was engaged in a long-term criminal enterprise. Compare United States v. Spikes, 158 F.3d 913, 923 (6th Cir.1998), with United States v. Helton, 314 F.3d 812, 822 (6th Cir.2003). Of particular relevance here is that at least one of the items to be sought was “of enduring utility” to the owner. Spikes, 158 F.3d at 923 (quoting Andresen v. State, 24 Md.App. 128, 331 A.2d 78, 106 (1976)).

Agent Hoffman noted in his affidavit that, based on his training and experience, firearms are often used by narcotics traffickers for protection, and people generally store their firearms at home. As a repeat drug dealer known to have continued or returned to his trade the month before the warrant issued, Chapman would find a firearm, especially a powerful assault weapon, useful over the long term, and thus could reasonably be expected to have held on to it at his home for nine months. See United States v. Singer, 943 F.2d 758, 763 (7th Cir.1991) (“firearms are an integral part of the drug trade”); United States v. Smith, 182 F.3d 473, 480 (6th Cir.1999) (people tend to keep their guns at home); United States v. Batchelder, 824 F.2d 563

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112 F. App'x 469, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-chapman-ca6-2004.