United States v. Jones

69 F. App'x 401
CourtCourt of Appeals for the Tenth Circuit
DecidedJune 2, 2003
Docket02-1107
StatusUnpublished
Cited by1 cases

This text of 69 F. App'x 401 (United States v. Jones) is published on Counsel Stack Legal Research, covering Court of Appeals for the Tenth 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. Jones, 69 F. App'x 401 (10th Cir. 2003).

Opinion

ORDER AND JUDGMENT *

TACHA, Chief Circuit Judge.

D efendant-App ellant Christian Jones pled guilty to possession with intent to distribute cocaine and cocaine base, in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(B), reserving his right to appeal the district court’s denial of his motion to suppress. Mr. Jones filed a timely notice of appeal on March 4, 2002. We exercise jurisdiction pursuant to 28 U.S.C. § 1291 and AFFIRM.

I. Background

Beginning in April 1999, federal agents in the Southern Colorado Drug Task Force (“Task Force”), a joint operation between the Bureau of Alcohol, Tobacco, & Firearms (“ATF”) and the Drug Enforcement Administration (“DEA”), began a long-term investigation into the cocaine trafficking activities of a number of individuals in Pueblo and Colorado Springs, Colorado. ATF Special Agent James Deir was a member of the Task Force, based in Colorado Springs, Colorado.

On July 5, 2000, a confidential informant purchased $200 worth of crack cocaine from Lionel Amos. Approximately two hours later, the informant purchased an additional, similar amount of crack cocaine from Amos. Task Force officials monitored both of these controlled purchases and subsequently set up a surveillance team to monitor Amos’ activities.

On July 7, 2000, the informant attempted to page Amos in order to purchase more crack cocaine, but Amos did not respond. The informant told Task Force officials this meant that Amos was out of cocaine and going to Colorado Springs to resupply.

On July 10, 2000, ATF Special Agent Deir set up a surveillance team outside the apartment of Mapajuana Naki, in Colorado Springs, Colorado. Task Force officials had observed Amos’ vehicle parked outside Naki’s apartment and knew that Naki was Amos’ girlfriend. At approximately 11:40 a.m., Amos left Naki’s apartment. Special Agent Deir and other Task Force officials followed Amos to 3928 Red Cedar Drive— the residence of defendant and Celeste Abeyta. Amos remained at defendant’s residence for approximately four and one half hours before a taxi arrived at 3928 Red Cedar Drive from the airport. A woman, later identified as Abeyta, exited the taxi with one bag and entered the house. Minutes later, Amos left defendant’s residence, briefly returned to Naki’s apartment, and then proceeded southbound on Interstate 25, toward Pueblo.

Special Agent Deir, accompanied by Task Force officials and other state and local law-enforcement officers, followed Amos on Interstate 25. During this surveillance, DEA Special Agent Mark Reeht contacted the Colorado State Patrol and informed them of their suspicions of Amos’ activity. At some point later, a Colorado State Patrol trooper, Steven Ortiz, stopped Amos based on his excessive speed, searched Amos’ car after he consented, *403 and found approximately three ounces of cocaine. 1

On that same day, Special Agent Deir prepared an application and affidavit for the issuance of a warrant to search the defendant’s residence at 3928 Red Cedar Drive. Special Agent Deir’s affidavit included all the information chronicled above. In addition, Special Agent Deir stated that Amos routinely used women as carriers in his cocaine-trafficking business, information he had learned during the course of the investigation, and noted further that, based on his law-enforcement experience, drug traffickers commonly use women to smuggle drugs on airplanes using single carry-on bags.

Based on all this information, a magistrate in El Paso County issued a search warrant for defendant’s residence at 3928 Red Cedar Drive. Special Agent Deir and other Task Force officials executed the warrant on July 11, 2000, and found seventeen grams of cocaine base and just under one kilogram of powder cocaine at defendant’s residence.

Jones filed a motion to suppress the evidence found at 3928 Red Cedar Drive, which the district court denied in an order dated November 28, 2001. This appeal followed.

II. Discussion

On appeal, Jones argues that the district court erred in denying his motion to suppress for two reasons: (1) the search warrant was not supported by probable cause; and (2) the good-faith exception announced in United States v. Leon, 468 U.S. 897, 104 S.Ct. 3405, 82 L.Ed.2d 677 (1984), does not apply. For the reasons set forth below, we disagree with the first proposition and find it unnecessary to consider the second.

A. Standard of Review

In reviewing Jones’ Fourth Amendment suppression claim, we accept the district court’s factual findings unless they are clearly erroneous and view the evidence in the light most favorable to the district court’s ruling. United States v. Smith, 63 F.3d 956, 960 (10th Cir.1995), vacated on other grounds, 516 U.S. 1105, 116 S.Ct. 900, 133 L.Ed.2d 834 (1995). The ultimate question of whether a Fourth Amendment violation occurred, however, is an issue of law, which we review de novo. Id.

B. Probable Cause

The Fourth Amendment requires that “no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched and the persons or things to be seized.” U.S. Const. Amend. IV. We recognize that “ ‘probable cause is a fluid concept—turning on the assessment of probabilities in particular factual contexts—not readily, or even usefully, reduced to a neat set of legal rules.’ ” United States v. Soussi, 29 F.3d 565, 568 (10th Cir.1994) (quoting Illinois v. Gates, 462 U.S. 213, 232, 103 S.Ct. 2317, 76 L.Ed.2d 527 (1983)). An issuing magistrate must make a practical, commonsense decision whether, given the totality of the circumstances set forth in the affidavit, there is a fair probability that a search will reveal contraband or evidence of a crime in a particular place. Id.

*404 “A reviewing court must give ‘great deference’ to the magistrate’s determination of probable cause and should uphold that conclusion if the ‘totality of the information contained in the affidavit provided a substantial basis for finding there was a fair probability that evidence of criminal activity would be found.’ ” Id at 568-69. In making this determination, the magistrate may properly consider an affiant’s experience and expertise. Id at 569.

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Bluebook (online)
69 F. App'x 401, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-jones-ca10-2003.