United States v. Kenneth O. Rankin

261 F.3d 735, 2001 U.S. App. LEXIS 18499, 2001 WL 921360
CourtCourt of Appeals for the Eighth Circuit
DecidedAugust 16, 2001
Docket00-3952
StatusPublished
Cited by10 cases

This text of 261 F.3d 735 (United States v. Kenneth O. Rankin) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth 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. Kenneth O. Rankin, 261 F.3d 735, 2001 U.S. App. LEXIS 18499, 2001 WL 921360 (8th Cir. 2001).

Opinion

WOLLMAN, Chief Judge.

Kenneth 0. Rankin appeals from his conviction, arguing that the searches of his home and car violated the Fourth Amendment and that the district court 2 should have granted a mistrial for certain juror conduct. ' We affirm.

I.

Rankin was convicted of possession with intent to distribute crack cocaine in violation of 21 U.S.C. §§ 841(a)(1), 841(b)(1)(B), and 851(a). He was subsequently sentenced to 360 months of imprisonment and an 8-year term of supervised release.

On November 30, 1999, Detective Reginald Williams of the St. Louis, Missouri, Metropolitan Police Department obtained a search warrant for the St. Louis residence of Rankin and his mother, 4949 Plover Avenue. In his affidavit in support of the application for the warrant, Detective Williams stated that he had received in *738 formation from a reliable confidential informant that “Kenneth Rankin,” whose description matched that of Rankin, possessed cocaine, crack cocaine, and drug-related paraphernalia at his 4949 Plover residence. The informant had reported that he had observed Rankin sell cocaine out of the residence, that he had seen Rankin convert powder cocaine into crack in the kitchen of the residence, and that he had had conversations with Rankin in which Rankin stated that he owned firearms to protect his drug trade. The affidavit also stated that Detective Williams had conducted periodic surveillance of 4949 Plover during the two weeks prior to the application, had witnessed an unusual amount of foot and vehicle traffic at the house, and had observed Rankin conduct transactions with visitors to the property. Detective Williams wished to execute the warrant while Rankin was at home, so he initiated surveillance of the residence once the warrant had been issued.

On December 9, 1999, at approximately 9:45 p.m., Detective Williams observed Rankin arrive at 4949 Plover, enter the residence, and shortly thereafter exit the house and get into his vehicle, which was parked across the street from the home. Rankin started the car’s engine but did not depart. Detective Williams watched as a pedestrian subsequently walked over to the car and exchanged currency with Rankin. The pedestrian then departed, and Rankin drove away.

Believing that the exchange of currency reflected a drug transaction, Detective Williams followed Rankin’s vehicle and subsequently pulled him over. After additional officers arrived on the scene, Williams handcuffed Rankin, notified him of his Miranda rights, and informed him of the search warrant.

Rankin was then taken with the officers back to the residence for the search, during which officers seized crack cocaine, cocaine powder, and paraphernalia. Rankin admitted that the $150 on his person was earned during the drug transaction Detective Williams had observed earlier that evening.

Rankin was then arrested and his car seized. Detective Williams directed that the car be searched and towed pursuant to police department guidelines on assets used in the commission of a felony. Police located and seized crack cocaine and baking soda from the trunk.

On appeal, Rankin argues that the district court, which adopted the report and recommendation of a magistrate judge, 3 erroneously denied his motion to suppress the evidence seized from his residence and his car, as well as the statements he made at that time. Rankin also contends that the district court erred in not holding further hearings or declaring a mistrial after certain incidents related to the jurors. Finally, Rankin argues that once the evidence improperly seized is removed from consideration, the evidence is insufficient to support his conviction.

II.

A. Search of the Residence and Car

‘We examine the factual findings underlying the district court’s denial of the motion to suppress for clear error and review de novo the ultimate question of whether the Fourth Amendment has been violated.” United States v. Nation, 243 F.3d 467, 469 (8th Cir.2001) (citation omitted). Probable cause exists if there is a fair probability that contraband or evidence of a crime will be found in a particu *739 lar place. Id. We will uphold a judicial determination of probable cause if we believe that there was a substantial basis for concluding that a search would uncover evidence of wrongdoing. Id. at 470-71. ‘We emphasize that probable cause is to be determined under a totality-of-the-circumstances approach.” United States v. LaMorie, 100 F.3d 547, 553 (8th Cir.1996).

Rankin first argues that the search warrant was not based on probable cause because the information was stale when the warrant was executed. He bases this argument on a statement made by the confidential informant after the warrant had been issued to the effect that Rankin had moved “most of his ... crack” out of the residence. Rankin argues that Detective Williams received this information before the search and thus was aware that the warrant was stale. The government responds that Detective Williams received that information after December 9, 1999, that even had it been made known to the detective before the warrant was executed there was still sufficient evidence of Rankin’s continuing drug-related activity at the residence, and that, in any event, the residence could lawfully be searched for paraphernalia.

We agree with the district court that the warrant was supported by probable cause. Detective Williams’s affidavit supporting the warrant, even when read in the light of the additional information from the confidential informant, would give a reasonable person reason to suspect that items relating to the distribution of crack cocaine would be found at 4949 Plover. Detective Williams had information from a reliable informant, who had seen Rankin cook and sell drugs, that Rankin was selling drugs from the residence. Detective Williams had also surveilled the residence and observed many short-term visits consistent with drug trafficking and numerous transactions he believed to be drug-related. See LaMorie, 100 F.3d at 554 (time factors relevant but must be viewed in the context of a particular case and ongoing nature of the crime charged). Whatever the timing of the statement that most of the drugs had been moved, the informant indicated only that most, not all, of drugs had been moved. Thus, the information did not render the warrant stale. Cf. United States v. Williams, 10 F.3d 590

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Cite This Page — Counsel Stack

Bluebook (online)
261 F.3d 735, 2001 U.S. App. LEXIS 18499, 2001 WL 921360, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-kenneth-o-rankin-ca8-2001.