United States v. Galloway

274 F. App'x 241
Court of Appeals for the Fourth Circuit·Decided April 17, 2008·No. 07-4922·Unpublished·Cited by 6 cases

Opinion

PER CURIAM:

The government appeals the district court’s order suppressing several inculpa-tory statements made by defendant Darius Lamont Galloway (Defendant) following his warrantless arrest on various drug and gun charges. Pursuant to Defendant’s motion, the district court suppressed the post-arrest inculpatory statements based upon its legal conclusion that the police officers lacked probable cause to arrest Defendant, and therefore, Defendant’s post-arrest inculpatory statements were suppressible as fruits of the poisonous tree.

Because we conclude probable cause supported Defendant’s arrest, we hold Defendant’s post-arrest inculpatory statements were not suppressible as fruits of the poisonous tree. Accordingly, we vacate the district court’s suppression order and remand for further proceedings consistent with this opinion.

I.

The following facts are largely derived from the district court’s suppression order, none of which we find clearly erroneous. In January 2006, Detective Heath Little of the Columbus County, North Carolina Sheriffs Department (Detective Little) received a telephone call from a man named Brent Best (Best). At the time, Detective Little had known Best for five to six years, and Best had proven to be a reliable informant to law enforcement in the past regarding illegal drug trafficking activity in the area. During the call, Best informed Detective Little that Defendant had been selling illegal drugs from his (Best’s) home, located at 578 Spring Hill Drive, Whiteville, North Carolina. In addition to Best’s tip concerning Defendant’s illegal drug trafficking, a second informant, this one confidential and unidentified, contacted Detective Little and confirmed that Defendant had been selling illegal drugs at Best’s residence. 1

Although Detective Little promptly passed on this information regarding De *243 fendant to his immediate supervisor, Sergeant Steve Worthington (Sergeant Wor-thington), Detective Little did not act upon it until the early afternoon of February 2, 2006, when he and Sergeant Worthington paid a visit to Best’s residence. The visit was prompted by Detective Little witnessing Defendant earlier that same morning driving a Honda Accord following directly behind Best, who was driving a white Toyota truck.

Upon arriving at Best’s residence, a single wide mobile home located in an open field, Detective Little and Sergeant Wor-thington saw Best’s white Toyota truck and Defendant’s Honda Accord parked in the backyard. Defendant was seated in the passenger side of Best’s truck with the door open, his right foot on the ground, and moving his hands near the floorboard of the truck. The officers saw a third individual, John Ford, standing in the front yard of Best’s residence. Detective Little exited the vehicle and approached Best, while Sergeant Worthington exited the vehicle and approached Defendant. Neither officer spoke with Ford.

Best consented to a search of his residence and his white Toyota truck. Detective Little and Best then entered the residence, where Detective Little noticed a strong odor of marijuana. Detective Little asked Best whether there were any illegal drugs in the residence or if marijuana had recently been used. Best responded in the negative to both questions. Upon searching the residence, Detective Little found scales and a box of plastic bags.

When Sergeant Worthington approached Defendant, he explained that the officers were there to conduct an investigation regarding possible illegal drug trafficking. Sergeant Worthington, who knew Defendant from their high school days, walked toward the rear of Best’s residence. As they did so, Defendant explained that he needed to set things straight and wanted to speak with Detective Little. At the same time, Defendant denied having any illegal drugs on his person or in his Honda Accord.

Sergeant Worthington and Defendant then entered Best’s residence, where Detective Little and Best were still located. The officers then asked Best to step outside, which he did. Sergeant Worthington also went outside to search Best’s white Toyota truck. At this point, Defendant spontaneously told Detective Little that he wanted to do the right thing and desired to work with law enforcement officers to set someone up. Defendant appeared nervous and was sweating. A consensual search of Defendant’s vehicle turned up no contraband.

Meanwhile, Sergeant Worthington searched Best’s white Toyota truck and found a paper bag containing marijuana on the dashboard and a holstered handgun under the front passenger seat where Defendant had been sitting and moving his hands around when the officers pulled up at Best’s residence. Armed with this newly discovered contraband, Sergeant Wor-thington went back inside Best’s residence, whereupon he showed the contraband to both Detective Little and Defendant. As soon as Defendant saw the paper bag containing the marijuana and the holstered handgun, he shook his head and reiterated that he wanted to make things right and cooperate with law enforcement.

At this point, Sergeant Worthington placed Defendant in handcuffs, but told him that he was not under arrest. Sergeant Worthington then went back outside to finish searching Best’s white Toyota truck. The search uncovered yet more evidence of illegal drug trafficking activity under the front passenger seat. Specifically, Sergeant Worthington found a *244 Crown Royal bag containing cocaine base (crack) and cocaine powder.

Thereafter, the officers arrested Defendant and Mirandized him. See Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966). After signing a written waiver of rights form, Defendant made inculpatory statements, including admissions that he purchased the illegal drugs found during the search of Best’s white Toyota truck from an individual named Big Mike in Robeson County and that he had a deal with Big Mike on a weekly basis where he would buy “what they call a big eight, which is four and a half ounces of cocaine.” (J.A. 37).

At the time of the June 2007 suppression hearing in this case, Detective Little had been employed by the Columbus County Sheriffs Office for seven years, and had been a narcotics detective for four years. Sergeant Worthington had been employed by the Columbus County Sheriffs Office for eight years and had been conducting narcotics investigations for approximately six years.

A federal grand jury charged Defendant by superseding indictment with possession of fifty grams or more of a mixture containing crack and unspecified quantities of cocaine and marijuana with intent to distribute, in violation of 21 U.S.C. § 841(a)(1); possession of a firearm by a convicted felon, in violation of 18 U.S.C. § 922(g)(1); and possession of a firearm in furtherance of a drug trafficking crime, in violation of 18 U.S.C. § 924(c)(1)(A).

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United States v. Galloway, 274 F. App'x 241 (4th Cir. 2008).

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