United States v. Claridy

601 F.3d 276, 2010 U.S. App. LEXIS 7353, 2010 WL 1427410
Court of Appeals for the Fourth Circuit·Decided April 9, 2010·No. 08-5025·Published·Cited by 40 cases

Opinions

OPINION

NIEMEYER, Circuit Judge:

Based on evidence seized during the execution of a search warrant at a townhouse in Baltimore County, Maryland, where Timothy Claridy resided, Claridy was convicted of conspiracy to distribute heroin, in violation of 21 U.S.C. § 846; possession with intent to distribute heroin, in violation of 21 U.S.C. § 841; and possession of a firearm by a convicted felon, in violation of 18 U.S.C. § 922(g). The district court sentenced Claridy to 240 months’ imprisonment.

On appeal, Claridy contends that the evidence seized under the search warrant should have been suppressed because a federally deputized Baltimore City police officer, participating in a joint task force, obtained the warrant from a state court judge before an attempt was made to obtain it from a federal magistrate judge, in violation of Federal Rule of Criminal Procedure 41(b). The Rule authorizes a state judge to issue a warrant when a federal magistrate judge is not “reasonably available.” Claridy also argues that an inculpating statement that he made several hours after his arrest should be suppressed because, he claims, it was made after an unreason able delay, in violation of 18 U.S.C. § 3501(c) and Corley v. United States, — U.S. -, 129 S.Ct. 1558, 173 L.Ed.2d 443 (2009).

While the applicability of Rule 41 to search warrants obtained in investigations conducted jointly by federal and state law enforcement officers has not been clearly defined in our precedents, we conclude that, based on the circumstances in this case, Rule 41 did not govern the search warrant challenged by Claridy. Moreover, even if Rule 41 did apply, Claridy was not prejudiced by the claimed violation and therefore would not have been entitled to suppression of the evidence seized during the search. We also reject as unsupported by the evidence Claridy’s argument that his inculpating statement was made after an unreasonable delay after his arrest. Accordingly, we affirm.

I

Based on information obtained from confidential informants and by extensive surveillance of Timothy Claridy and Flora Jones by officers of a joint federal-state law-enforcement task force, Baltimore City Detective Keith Gladstone, who was a 15-year veteran of the Baltimore City Police Department and had been deputized federally to participate in the joint task force, obtained a search warrant from a Mary land state court judge. The warrant authorized Baltimore City and Baltimore County police to search the townhouse where Claridy and Jones were apparently living and to seize evidence relating to violations of the narcotics laws of the State of Maryland, particularly Maryland Criminal Code, §§ 5-101 through 5-1101 and § 7-104. Detective Gladstone presented an application for the search warrant to a Maryland District Court judge “after hours” on May 21, 2007, and the judge reviewed the application and signed the warrant. Gladstone and other officers of the joint task force, including federal agents, then executed the warrant the next day, on May 22, 2007. Claridy was present during the course of the search and told the officers before any items were seized that heroin and a gun were in the upstairs closet. The search resulted in recovery of heroin, a small bag of marijuana, scales, a .357 Smith and Wesson revolver, and paperwork in Claridy’s name.

[279] The joint task force, of which Detective Gladstone was a member, was a federally-funded effort organized to operate in a “High Intensity Drug Trafficking Area” (HIDTA), and it included both agents of the federal Drug Enforcement Administration and local police officers from Baltimore City and Baltimore County. Duripg the course of its operations, the HIDTA joint task force made hundreds of arrests relating to suspected drug-trafficking violations, of which, Detective Gladstone estimated, 90% resulted in state prosecutions and 10% in federal prosecutions. When the joint task force was initially investigating Claridy and Jones, it had not been deter mined whether any crimes , that might be uncovered would be prosecuted in federal court or state court. At the time, the investigation was “just [a] nárcotics investigation[ ].”

After completing the search of the townhouse, however, Detective Gladstone took Claridy to Baltimore City Central Booking as a “federal” detainee and, the next morning, took him to federal court pursuant to a federal criminal complaint to make his initial appearance there. Claridy was thereafter charged by a federal grand jury for violating federal law.

Prior to trial, Claridy filed a motion to suppress the evidence obtained through the warrant based on a violation of Federal Rule of Criminal Procedure 41(b). He contended that suppression was warranted because Detective Gladstone had obtained the warrant from a state judge, without having first attempted to obtain it from a federal magistrate judge, in violation of the Rule. See Fed.R.Crim.P. 41(b). He argued that because the investigation was federal in nature, Rule 41 applied, and Detective Gladstone was not authorized to seek a warrant from a state judge unless he first attempted to get the warrant from a federal judge and found that one was not “reasonably available.” See id.

The district court denied the motion. While it accepted, for purposes of argument, that Rule 41 applied to the issuance of the warrant, it found that even if the Rule had been violated, there was no evidence of a deliberate disregard- for the Rule, nor evidence of any prejudice caused to Claridy by the violation. Accordingly, it denied the motion to suppress.

Following his conviction by a jury and sentencing, Claridy filed this appeal, challenging the denial of his motion to suppress. He also seeks, for the first time on appeal, suppression of a post-arrest inculpating statement, based on his claim that the statement was made more than six hours after his arrest.

II

Claridy summarizes his principal argument as follows:

[Detective] Gladstone, a federal law enforcement officer, violated Fed. R.Crim.P. 41 by applying to a state judge for a warrant, despite the fact that he was conducting a federal narcotics investigation and despite the fact that there was no indication that a federal magistrate was unavailable, contrary to the plain language of the Rule.1

He asserts that the search violated both Rule 41 and the Fourth Amendment and [280] that suppression is the appropriate remedy-

The government argues that Rule 41 must not be interpreted to preclude officers of a joint task force from using state investigatory tools. It argues:

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United States v. Claridy, 601 F.3d 276, 2010 U.S. App. LEXIS 7353, 2010 WL 1427410 (4th Cir. 2010).

601 F.3d 276 (United States v. Claridy) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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