United States v. James Regis Whitner, Jr., A/K/A Jr

219 F.3d 289, 2000 U.S. App. LEXIS 17434, 2000 WL 1007068
CourtCourt of Appeals for the Third Circuit
DecidedJuly 20, 2000
Docket00-3068
StatusPublished
Cited by99 cases

This text of 219 F.3d 289 (United States v. James Regis Whitner, Jr., A/K/A Jr) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third 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. James Regis Whitner, Jr., A/K/A Jr, 219 F.3d 289, 2000 U.S. App. LEXIS 17434, 2000 WL 1007068 (3d Cir. 2000).

Opinion

OPINION OF THE COURT

GREENBERG, Circuit Judge.

I. BACKGROUND

The United States appeals from an order of the district court entered January 10, 2000, suppressing evidence obtained from the residence of defendant, James Regis Whitner, Jr., during a search conducted pursuant to a search warrant. A United States magistrate judge issued the search warrant on August 26, 1999, on the basis of an affidavit of Drug Enforcement Task Force Officer Anthony Rivotti. In a pretrial hearing on January 10, 2000, the district court held that the search warrant was not supported by probable cause due to a lack of evidence linking criminal activity to the location to be searched. Furthermore, the district court found the search warrant to be so lacking in probable cause so as to render official belief in its existence entirely unreasonable. Therefore, the district court held that the good-faith exception delineated in United States v. Leon, 468 U.S. 897, 104 S.Ct. 3405, 82 L.Ed.2d 677 (1984), did not apply and ordered the fruits of the search suppressed from evidence. Because we conclude that the magistrate judge had a sub *292 stantial basis for concluding that there was probable cause, see Illinois v. Gates, 462 U.S. 213, 238-39, 103 S.Ct. 2317, 2332, 76 L.Ed.2d 527 (1983), we will reverse.

The relevant facts are as follows. On August 24, 1999, Rivotti received information from the State Narcotics Task Force in Tucson, Arizona, that a parcel of suspicious nature was being mailed from Tucson to 3515 Frazier Street, Pittsburgh, Pennsylvania. The package was addressed to Linda Liggins with a return address from Corey Liggins. After obtaining a search warrant, and finding 5.75 pounds of what they believed was methamphetamine 1 within the package, the agents planted a beeper in the package. 2 On August 26, 1999, at 11:00 a.m. the package was delivered to 3515 Frazier Street and accepted by Tamara Liggins. Shortly thereafter, the beeper indicated that the package might have been opened, and agents entered the residence. The package, in fact, had not been opened. Two individuals, Tamara Liggins and Whitner, were present in the residence. The agents questioned and detained Liggins but later released her. However, they arrested Whitner, informed him of his Miranda rights, and questioned him. Liggins’ and Whitner’s responses during questioning along with the agents’ corroborative investigation provided the information contained in the affidavit of probable cause underlying the search warrant at issue in this appeal.

The critical issue presented in this case is whether the affidavit on its face provided a substantial basis for the magistrate judge’s finding of probable cause. Therefore, we set forth the full text of the statements contained in Rivotti’s affidavit:

I, Anthony Rivotti, a Task Force Officer, am knowledgeable of the facts set forth herein based upon my own investigative efforts and from information provided to me by other Special Agents and other law enforcement officers.
Based upon my training, experience, and from information obtained from other law enforcement officers, your affiant knows that individuals involved in narcotics trafficking will often times resort to use of what is known as a ‘stash house.’ A stash house is a place or location utilized by drug traffickers to maintain their drugs, monies derived from the sale of controlled substances, drug paraphernalia such as grinders, cutting agents, and packaging material. Typically, stash houses are rented in the names of individuals trusted by the drug trafficker such as family members or paramours. This is done in an attempt to divert the attention of law enforcement. Furthermore, stash houses are often located within proximity to the area where the drug trafficker either lives or engages in drug dealing. This proximity provides the drug trafficker with access to his or her product and his or her profits. The location of a stash house also provides the drug trafficker with a measured sense of security in that it removes or insulates the trafficker from the scrutiny of local police and other drug traffickers. It is not uncommon for a stash house to be located in a residential neighborhood.
Based upon your affiant’s experience and from information received from other law enforcement officers, the following items have been recovered from stash houses:
A. controlled substances, such as heroin, cocaine, crack, marihuana, and methamphetamine;
B. Drug paraphernalia, including but not limited t o scales, baggies, razor blades, cutting agents and/or other powders, and any and all devices used *293 to store and/or ingest and/or consume and/or prepare and/or convert drugs;
C. Books, records, receipts, notes, ledgers, and/o r other papers relating to the mailing, transportation, ordering, purchasing and/or distribution of controlled substances;
D. Books, records, receipts, bank statements and records, money drafts, letters of credit, money orders and/or cashier’s checks, and other items evidencing the obtaining, secreting, transfer and/or concealment of assets and the obtaining, secreting, transfer, concealment and/or expenditure of money made from engaging in illegal drug trafficking;
E. Financial proceeds of unlawful trafficking in controlled substances, including, but not limited to, United States currency, financial instruments, precious metals, jewelry and/or other items of value and/or proceeds of drug transactions and evidence of financial transactions relating to obtaining, transferring, secreting, or the spending of large sums of money made from engaging in illegal drug trafficking activities;
F. Photographs of persons suspected of unlawful drug trafficking, and of assets, and or controlled substances, and of drug paraphernalia associated with the same;
G. Indicia of occupancy, residency, rental, usage and/or ownership of the premises described above, as well as the rental, usage and/or ownership of any vehicle actively engaged in the trafficking of controlled substances, including, but not limited to, rental agreements, titles, telephone bills, utility bills, vehicle registrations, canceled envelopes, safety deposit box keys, safe keys, as well as keys to the actual residence and/or premises, and/or vehicles;
H. Records of telephone numbers, address books, or papers which reflect names, addresses and/or telephone numbers of associates and coconspira-tors involved directly and indirectly in the trafficking of controlled substances, and/or associates who have a monetary consideration and/or interest in the illegal trafficking of controlled substances;
I. Any and all firearms utilized in the furtherance of the illegal acquisition, possession, sale, trade, distribution, storing, secreting, transfer, transportation and/or illegal trafficking of drugs.

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

Related

United States v. Sam Zema
Third Circuit, 2024
United States v. Antwone Miguel Sanders
106 F.4th 455 (Sixth Circuit, 2024)
Michael Chad Wilson v. the State of Texas
Court of Appeals of Texas, 2023
Bolus v. Carnicella, Esquire
M.D. Pennsylvania, 2021
United States v. Jabree Williams
974 F.3d 320 (Third Circuit, 2020)
State of Tennessee v. Robert G. Thornton, Jr.
Court of Criminal Appeals of Tennessee, 2017
State v. Allman
794 S.E.2d 301 (Supreme Court of North Carolina, 2016)
United States v. Andre Ruffin
664 F. App'x 224 (Third Circuit, 2016)
United States v. German Suarez-Arzon
664 F. App'x 180 (Third Circuit, 2016)
United States v. Daniel Blue
808 F.3d 226 (Fourth Circuit, 2015)
United States v. Damon Agurs
629 F. App'x 288 (Third Circuit, 2015)
United States v. Kenneth Kraeger
615 F. App'x 747 (Third Circuit, 2015)

Cite This Page — Counsel Stack

Bluebook (online)
219 F.3d 289, 2000 U.S. App. LEXIS 17434, 2000 WL 1007068, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-james-regis-whitner-jr-aka-jr-ca3-2000.