United States v. Cheryl Lea Pope

452 F.3d 338, 2006 U.S. App. LEXIS 13928, 2006 WL 1531545
CourtCourt of Appeals for the Fifth Circuit
DecidedJune 6, 2006
Docket04-51008
StatusPublished
Cited by6 cases

This text of 452 F.3d 338 (United States v. Cheryl Lea Pope) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth 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. Cheryl Lea Pope, 452 F.3d 338, 2006 U.S. App. LEXIS 13928, 2006 WL 1531545 (5th Cir. 2006).

Opinions

WIENER, Circuit Judge:

Defendant-Appellant Cheryl Lea Pope entered a conditional plea of guilty to a charge of conspiracy to manufacture methamphetamine, reserving her right to appeal the district court’s denial of her motion to suppress evidence obtained during a two-stage evidentiary search of her residence. In the first stage, officers executed a search warrant purportedly issued for the purpose of uncovering evidence of a prescription-drug operation. At the outset of that stage, officers observed evidence of a methamphetamine laboratory in plain view. That evidence formed the basis of a second warrant issued to search for evidence of a meth lab, the second stage of the search.

At the suppression hearing, the district court ruled that the initial stage was unconstitutional because it was grounded in a warrant issued on the basis of stale evidence. The court nevertheless admitted the evidence from that unconstitutional search in reliance on the good faith exception to the exclusionary rule. Under that ruling, evidence from both stages of the search of Pope’s residence was admitted.

[340]*340The parties do not contest the district court’s determination that the first stage prescription-drug warrant was unsupported by probable cause. Instead, they dispute the district court’s application of the good faith exception to the exclusionary rule to the facts of this case. Specifically, Pope contends that the first stage of the search does not qualify under the good faith exception to the exclusionary rule, so that she is entitled to have all evidence seized during both stages of the search suppressed. The parties agree that if we reverse the district court and hold that the initial stage of the search does not qualify under the good faith exception to the exclusionary rule, Pope must be acquitted. We so hold, and thus reverse and vacate Pope’s conviction and sentence.

I. FACTS AND PROCEEDINGS

On June 25, 2003, Officer Michael Baird bought six prescription pills for ten dollars from Pope as part of an undercover investigation. There is no evidence in the record that, after that single purchase, either he or any other law enforcement personnel pursued the prescription-drug matter. Then, 78 days later, Baird received a tip having nothing to do with prescription drugs, viz., that Pope was cooking methamphetamine. Baird acknowledges that he knew that he did not have probable cause to obtain a search warrant to enter Pope’s home in search of evidence of a meth lab. To circumvent that hurdle, Baird immediately began drafting an evi-dentiary search warrant affidavit — the first in his career — relating solely to the moribund prescription-drug issue. Despite having done nothing about the prescription-drug buy for 78 days, Baird stayed at work past midnight preparing a prescription-drug search warrant affidavit, slept a few hours, then timed his trip to a state magistrate’s home to arrive at seven o’clock the next morning.

Crucially, Baird intentionally failed to disclose to the magistrate the true purpose for which the officer wanted to search Pope’s house: solely to look for and seize evidence of a meth lab. Instead, he attested under oath that he was applying for “an evidentiary search warrant ... The purpose is to obtain evidence of a crime that has already been committed,” i.e., evidence of the stale prescription-drug buy.1 Only by this subterfuge was Baird able to obtain a warrant to search Pope’s home for the undisclosed purpose of seeking evidence of a meth lab.

Significantly, Baird did not hand off the tainted warrant to other officers; rather, he personally went to Pope’s home to execute the faux search for prescription drugs accompanied by a team of officers fully dressed in the kind of protective gear used to search for meth labs. When, as anticipated, they found evidence of a meth lab in plain view, Baird immediately left the premises to obtain a second warrant, this one to search for additional evidence of the meth lab. Notably, there is no evidence in the record that the police ever looked for, much less found, any evidence of the prescription-drug crime for which Baird had obtained the initial warrant.

Pope sought to suppress all the evidence because the facts in the affidavit on which the prescription-drug warrant was issued were stale, depriving Baird of probable cause to search Pope’s residence for anything. Pope also insisted that, under the particular facts of this case, the government could not rely on the good faith exception to the exclusionary rule. When Pope’s counsel questioned Baird as to his actual purpose of securing the prescrip[341]*341tion-drug search warrant, the officer’s testimony confirmed that he secured the warrant because he was tipped that Pope was conducting a meth cook.

The district court correctly found that (1) the initial search warrant was based on a sale of prescription drugs that occurred 78 days before Baird obtained the warrant, (2) the purpose for which the magistrate issued the warrant was not to search for evidence of a meth lab, but solely to search for evidence related to the stale prescription-drug buy,2 and (3) Baird consciously withheld all information about the meth lab and his suspicions in that regard, because he knew that he did not have probable cause for a warrant to search for evidence of a meth operation. Specifically, the district court found that Baird “had received a tip that [Pope] was cooking methamphetamine ... Because he did not believe he had probable cause to search the residence for evidence of meth production, Baird did not tell the state district court judge about his suspicions.” The court was also correct in holding that the prescription-drug warrant lacked probable cause because the information regarding the prescription-drug sale was stale.

Despite all this, the court went on to deny Pope’s motion to suppress, purporting to rely on the good faith exception to the rule excluding evidence obtained in a search grounded in an invalid warrant. In so doing, the court held that none of the exceptions to the good faith exception applied.

II. ANALYSIS

A. Standard of Review

When a district court grants or denies a motion to exclude evidence, we review that court’s factual findings — both explicit and implicit — for clear error.3 We review its conclusions of law de novo.4

B. Discussion

1. Law

The exclusionary rule requires courts to suppress evidence seized on the basis of a warrant that is unsupported by probable cause.5 The purpose of the exclusionary rule is to deter unlawful police conduct. As the Supreme Court has repeatedly observed:

The deterrent purpose of the exclusionary rule necessarily assumes that the police have engaged in willful, or at the very least negligent, conduct which has deprived the defendant of some right. By refusing to admit evidence gained as a result of such conduct, the courts hope to instill in those particular investigating officers, or in their future counterparts, a greater degree of care toward the rights of the accused.6

The exclusionary rule is not without limits, however.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

United States v. Morton
Fifth Circuit, 2022
Wheat v. Florida Parish Juvenile Justice Commission
811 F.3d 702 (Fifth Circuit, 2016)
Charles Anthony Malouff, Jr. v. State
Court of Appeals of Texas, 2015
United States v. Pope
467 F.3d 912 (Fifth Circuit, 2006)
United States v. Cheryl Lea Pope
452 F.3d 338 (Fifth Circuit, 2006)

Cite This Page — Counsel Stack

Bluebook (online)
452 F.3d 338, 2006 U.S. App. LEXIS 13928, 2006 WL 1531545, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-cheryl-lea-pope-ca5-2006.