United States v. Jeffrey Justice

461 F. App'x 415
CourtCourt of Appeals for the Sixth Circuit
DecidedFebruary 3, 2012
Docket10-3749
StatusUnpublished

This text of 461 F. App'x 415 (United States v. Jeffrey Justice) 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. Jeffrey Justice, 461 F. App'x 415 (6th Cir. 2012).

Opinion

SUTTON, Circuit Judge.

Jeffrey Justice, who goes by Jay, lives near his father, Jeffrey Justice, who goes by Jeff, in a rural area outside of Newark, Ohio. After gathering evidence that both Justices were involved in a large marijuana-trafficking operation, police sought and obtained search warrants for their properties. The district court granted Jay Justice’s motion to suppress the evidence found in his home as well as a statement he made following the search. Because the officers who executed the search warrant could have relied in good faith on the magistrate’s determination that the information supporting the warrant application established probable cause, we reverse.

I.

On December 18, 2009, the Newark police department received a tip from the Drug Enforcement Agency that a white tractor-trailer suspected of involvement in drug trafficking was parked at the home of Jay’s father. Two officers set up surveillance of the property that afternoon and saw the father, the white truck and what looked like several large bales of marijuana inside a pole barn. When the truck pulled out of the barn and drove away, one of the officers followed it.

Three minutes after the truck left, one of the officers saw Jay Justice drive over to the barn from his house, located nearby. Jay helped his father move several items around the barn, including two large boats and several pieces of machinery.

In the meantime, the truck made its way to Interstate 70, where a highway patrolman pulled it over for speeding. After a drug dog reacted positively during a walk around the truck’s exterior, the patrolman searched the truck and found $500,000 in cash wrapped in heat-shrunk plastic in a cardboard box. The driver admitted he had just delivered 518 pounds of marijuana to a barn matching the description of the one on the father’s property and that he met two men there — one named Jeff, the other named Jay.

Armed with this information, officers sought search warrants for the two Justices’ properties. One of the officers prepared an affidavit describing these facts and presented it to a state court judge. At a “search warrant proceeding,” a municipal judge swore in the officer, and the prosecutor asked the officer questions about his knowledge of the Justices’ activities. The officer told the judge that, although Jay Justice’s tax returns revealed little income in recent years, he owned a $200,000 motor home (in addition to his residence), and he frequently used the motor home to travel across the country to attend motocross races. The officer also mentioned anonymous tips that Jay sold marijuana from his house. The judge issued search warrants for both properties.

Officers executed both search warrants on December 20, 2009. They did not find any marijuana inside Jay’s house, but they did find a transaction register and eight firearms. The officers advised Jay of his Miranda rights, and Jay admitted he was a convicted felon and the firearms belonged to him.

*417 A federal grand jury returned an indictment charging Jay with being a felon in possession of a firearm. See 18 U.S.C. § 922(g). He filed a pretrial motion to suppress the evidence seized during the search and the statement he made to police admitting ownership of the guns, claiming two defects: (1) the affidavit contained a material false statement, incorrectly saying that Jeff Justice (the father) lived at Jay’s address; and (2) the warrant application did not establish probable cause because it did not show a nexus between drug trafficking and Jay’s house. The district court denied relief on the first ground, finding the mistake was a typo, but granted relief on the second ground. The court also suppressed the statement that Jay Justice made to police after the search as fruit of the poisonous tree. The United States filed this interlocutory appeal. See 18 U.S.C. § 3731.

II.

Because the “sole purpose” of the exclusionary rule “is to deter future Fourth Amendment violations,” Davis v. United States, 564 U.S. -, 131 S.Ct. 2419, 2426, 180 L.Ed.2d 285 (2011), a criminal defendant seeking to suppress the fruits of a search must do more than demonstrate that the police violated the Fourth Amendment. He must show that suppressing the evidence will yield “[r]eal deterrent value.” Id. at 2427. That burden is especially relevant when officers follow the constitutionally preferred route, namely presenting evidence of illegal activity to a neutral magistrate who finds probable cause and issues a search warrant. Ornelas v. United States, 517 U.S. 690, 699, 116 S.Ct. 1657, 134 L.Ed.2d 911 (1996). To suppress the fruits of such a search, a defendant must show that, despite the magistrate’s authorization, the police could not have relied on the warrant in good faith. See United States v. Leon, 468 U.S. 897, 922, 104 S.Ct. 3405, 82 L.Ed.2d 677 (1984). One way to do this is to demonstrate that the information presented in support of the warrant was “so lacking in indicia of probable cause as to render official belief in its existence entirely unreasonable.” Id. at 923.

In deciding whether the warrant application contained sufficient facts to support a reasonable belief in probable cause, we consider the facts set forth in the affidavit and the facts presented during the search warrant proceeding to the issuing judge. United States v. Frazier, 423 F.3d 526, 535-36 (6th Cir.2005). Here are the facts: (1) officers observed a tractor-trailer believed to be involved in drug trafficking and bales of what appeared to be marijuana in a barn on the father’s property; (2) shortly after the tractor-trailer left, officers saw Jay Justice drive over from his house and help his father move items around the barn; (3) when officers later pulled over the truck they found $500,000 in cash inside and the driver admitted to meeting “a man named Jeff and a man named Jay” at the barn and delivering 518 pounds of marijuana, R. 16-1 at 5; (4) over the years, police had received tips that Jay obtained marijuana from his father and sold it from his home; and (5) Jay’s lifestyle did not match the modest income he reported on his tax returns.

On this record, would it be “entirely unreasonable” for an officer to believe that probable cause had been established — that there was “a fair probability that contraband or evidence of a crime w[ould] be found” in Jay Justice’s home? Illinois v. Gates, 462 U.S. 213, 238, 103 S.Ct. 2317, 76 L.Ed.2d 527 (1983). Are these facts “completely devoid of any nexus” connecting Jay Justice’s home with illegal activity? United States v. Carpenter, 360 F.3d 591, 595 (6th Cir.2004) (en banc). No and no.

*418

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Related

Illinois v. Gates
462 U.S. 213 (Supreme Court, 1983)
United States v. Leon
468 U.S. 897 (Supreme Court, 1984)
Ornelas v. United States
517 U.S. 690 (Supreme Court, 1996)
Harris v. United States
536 U.S. 545 (Supreme Court, 2002)
United States v. Thomas
605 F.3d 300 (Sixth Circuit, 2010)
United States v. Climmie Jones, Jr.
159 F.3d 969 (Sixth Circuit, 1998)
United States v. Montel Lavelle Humphrey
287 F.3d 422 (Sixth Circuit, 2002)
United States v. Carpenter
360 F.3d 591 (Sixth Circuit, 2004)
United States v. James Howard Laughton
409 F.3d 744 (Sixth Circuit, 2005)
United States v. Christopher Frazier
423 F.3d 526 (Sixth Circuit, 2005)
United States v. Andre Hython
443 F.3d 480 (Sixth Circuit, 2006)
United States v. Martedis McPhearson
469 F.3d 518 (Sixth Circuit, 2006)
United States v. Dyer
580 F.3d 386 (Sixth Circuit, 2009)
United States v. Gunter
551 F.3d 472 (Sixth Circuit, 2009)
Davis v. United States
180 L. Ed. 2d 285 (Supreme Court, 2011)

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461 F. App'x 415, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-jeffrey-justice-ca6-2012.