United States v. Jerry Wells, Jr.

690 F. App'x 338
CourtCourt of Appeals for the Sixth Circuit
DecidedMay 30, 2017
Docket16-3056
StatusUnpublished
Cited by1 cases

This text of 690 F. App'x 338 (United States v. Jerry Wells, Jr.) 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. Jerry Wells, Jr., 690 F. App'x 338 (6th Cir. 2017).

Opinion

HELENE N. WHITE, Circuit Judge.

Reserving the right to challenge the district court’s suppression ruling, Jerry L. Wells, Jr. pleaded guilty to four counts of possessing heroin with intent to distribute, in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(C), one count of possessing 3,4-me-thylenedioxymethamphetamine (MDMA, commonly known as ecstasy) with intent to distribute, also in violation of in violation § 841(a)(1) and (b)(1)(C), one count of possessing marijuana with intent to distribute, in violation of § 841(a)(1) and (b)(1)(D), and one count of felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1). Wells now appeals, asserting that the district court improperly denied his motion to suppress his post-arrest statements and the contents of his cell phone. We find no error in the district court’s ruling on Wells’s post-arrest statements, and we make no ruling as to the phone because Wells abandoned that issue below. We therefore AFFIRM.

I.

A.

In February 2014, police in Elyria, Ohio, began investigating Wells’s involvement in narcotics trafficking. As part of that investigation,' a confidential informant made controlled purchases of' heroin from Wells at a house on Case Avenue in Elyria on February 18, 20, and 21. On the basis of those purchases, police obtained a warrant to search the Case Avenue house for evidence of drug crimes. Elyria officers executed the search warrant at approximately 7:00 pm on February 21 and discovered, among other things, heroin, MDMA, dozens of marijuana plants, and a handgun.

While officers were searching the house, other officers spotted Wells driving nearby and stopped him. The facts surrounding the stop are not in the record and the basis for the stop is unclear. The officers who stopped Wells brought him to the Case Avenue house. There, Wells was told he was under arrest on drug charges. A detective advised Wells of his rights under Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966), and Wells proceeded to make inculpatory statements, including that he lived at the house, that the handgun was his, and that the brown substance police found in several bags was heroin.

Officers later transported Wells to the police station. He was again advised of his Miranda rights and waived them. During a recorded interview, Wells made additional inculpatory statements, admitting that the marijuana plants were his, that he intended to harvest them and sell the marijuana, and that he had recently sold Fen-tanyl and ecstasy. Wells also repeated his admissions that he lived at the Case Avenue house and the handgun was his. At some point between the time Wells was stopped and the time he was formally *340 booked at the police station, a cell phone was seized from him, but it is not clear from the record when that occurred.

B.

The instant indictment was filed on April 22, 2014, charging Wells with possession with intent to distribute heroin based on the three controlled buys, possession with intent to distribute heroin, MDMA, and marijuana based on the drugs found in the search of the Case Avenue house, and being a felon in possession of a firearm based on the gun found in the search. Wells filed a motion to suppress the physical evidence.

1.

Wells initially argued that the traffic stop was unlawful because he was not stopped in the area of the Case Avenue house and there was no independent probable cause to arrest him. 1 As a result, asserted Wells, “all evidence seized during his detention and the search of his residence” should be suppressed. (R. 27, PID 95.) Wells did not assert that his statements to police should be suppressed.

In support of his argument, Wells attached an unsigned incident report, apparently prepared by Elyria police sometime after the events at issue. In relevant part, the report states:

On 02/21/2014 at approximately 1900hrs, Detectives ... executed the search warrant. ... As a result, Detectives arrested/charged Jerry L. Wells.... It should be noted that Wells had been detained during a traffic stop for driving under suspension ... during the execution of [the] search warrant. Lorain Police Dept, was also actively investigating and attempting to locate Wells regarding his involvement in a missing juvenile/kidnapping case.... Wells was ultimately escorted back to [the Case Avenue house] where he was placed under arrest for multiple drug charges that resulted from the search of the home.

(R. 27-1, PID 97.) The report does not reveal which officers stopped Wells, and it contains no other information about the alleged traffic violation or Wells’s alleged involvement in the missing-juvenile case. Nor does the report explain why the officers who stopped Wells transported him to the Case Avenue house.

In its response brief, the government told a different story. “This was not a routine traffic stop,” the government explained, nor, it asserted, was it related to the search of the Case Avenue house. (R. 30, 116-17.) Rather, according to the government, Wells was stopped pursuant to Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968), because Wells “was suspected to have involvement in” the Lo-rain “missing juvenile/kidnapping case.” (R. 30, PID 116.) In this telling, it was only “[djuring the stop” that “officers learned that Wells was driving under suspension.” (Id. at 117.) Thus, “[h]e was ultimately escorted back to his residence [ ] because he could not drive himself.” (Id.) And— apparently arriving by coincidence just as officers were searching his house— “[b]ased on the evidence discovered during the search ... Wells was arrested for drug charges.” (Id.) Based on this narrative, the government argued that both the initial stop of Wells and his subsequent arrest were proper. However, the government did not provide an affidavit supporting this *341 version of events, or shed further light on the missing-juvenile case or the basis for the belief that Wells was involved. Nor, aside from a single reference to the incident report, which does not support this account, did it cite any evidence.

At a pretrial hearing, the district court asked the government about the lack of evidentiary support for its position. This time, the government responded that it need not prove the validity of the initial stop because the government’s evidence was all discovered during the search of the Case Avenue house. Wells responded by raising, for the first time, his inculpatory statements and suggesting those statements were fruits of the allegedly unlawful initial stop. After further discussion, the court ordered Wells to submit a supplemental brief addressing the legality of the initial stop in light of the government’s version of events, and explaining exactly what evidence should be suppressed.

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Bluebook (online)
690 F. App'x 338, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-jerry-wells-jr-ca6-2017.