United States v. Lavelle Block

378 F. App'x 547
CourtCourt of Appeals for the Sixth Circuit
DecidedMay 24, 2010
Docket08-3983
StatusUnpublished
Cited by2 cases

This text of 378 F. App'x 547 (United States v. Lavelle Block) 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. Lavelle Block, 378 F. App'x 547 (6th Cir. 2010).

Opinion

JULIA SMITH GIBBONS, Circuit Judge.

After entering a conditional plea of guilty, defendant-appellant Lavelle Block appeals the district court’s denial of his earlier motion to suppress evidence obtained during the search of a companion’s home pursuant to an arrest warrant. He argues: (1) that the officers did not have probable cause to believe that he was present in the apartment, and (2) that the consent of his companion, the lessor of the apartment, was not voluntarily given. Because both of these contentions are merit-less, we affirm the district court’s order.

I.

In July 2006, the Ohio state police issued several arrest warrants for Lavelle Block but were unable to locate him. FBI Agent Michael Domonkos was brought in to head a Fugitive Gang Task Force in pursuit of Block. Domonkos received information that Block was staying at his girlfriend’s address. When the task force went to the address, Tiffany Pleasure answered the door and informed Domonkos that Block was not present. Domonkos later learned from a source that Block had jumped out of a window as the FBI arrived. In December 2006, the task force received a tip that Block might be staying with Minnie Brown at a particular address and that he was driving a particular car. Although the address given by the informant did not exist, Domonkos did find an address two doors down where Block was staying. The task force later received a tip on the license plate of the car, which was registered to Minnie Brown.

The morning of December 19, 2006, Domonkos and eight to ten other agents set up surveillance on the address and vehicle. One of the other agents spoke with the residence’s management, which informed him that “Miss Pleasure” was the leaseholder of the apartment. Although Pleasure later testified that it was actually her sister who was the leaseholder, she also testified that she lived in the apartment with her sister, who was not present on the day of the search. After setting up a perimeter and knocking on the door, the agents heard noise from the house of “someone moving, running inside.” Domonkos looked up to the second floor window and saw someone look out who “appeared to be Mr. Block” and whom Domonkos recognized from pictures of Block he reviewed in the course of his investigation. After waiting a bit longer, the agents forced entry and encountered Pleasure coming down the stairs. They proceeded to secure the premises and found Block at the top of the stairs. In the course of searching the apartment for officer safety, the agents saw a large amount of cash sitting on a shelf of an upstairs walk-in closet. They came back downstairs, frisked Block, discovered a small amount of marijuana, and arrested him.

Domonkos then obtained written consent from Pleasure to search the apartment. There was some conflicting testimony as to the nature of the consent. Domonkos testified that he did not pressure Pleasure into giving consent and made no threats. Pleasure, on the other hand, testified that, although the atmosphere in the room was calm and Domon-kos made no threats, she felt that she had to sign the consent form because “that’s what [she] thought [she] was supposed to do” and it was “what the officer told [her] to do.” She also testified that she signed the form after the police had already conducted a full search of the apartment. In any event, the agents searched the house and found the cash discussed above and a white mixing bowl containing 101.78 grams of crack cocaine. Block admitted that both *549 belonged to him, and the agents then took him to jail.

On March IB, 2007, Block was indicted on one count of possession with intent to distribute fifty grams or more of cocaine base, in violation of 21 U.S.C. § 841(a)(1). Block moved to suppress any evidence obtained during the search of the apartment on the grounds that the search was conducted without a warrant, probable cause, or valid consent. 1 The district court held a suppression hearing on December 13, 2007, and denied the motion from the bench. The district court found that the initial search of the apartment for safety was permissible and that the money that the agents saw in the closet caused them to want to search the house more thoroughly. The court then held that Block had no standing to object to the search because the apartment was not his and he had no expectation of privacy. Even if he did have standing, however, the district court also held that Pleasure gave consent to search. In making this last finding, the district court acknowledged the disputed versions of events given by Domonkos and Pleasure, but found that, in light of the signed consent form, the consent was knowing and voluntary.

On April 23, 2008, Block entered a conditional plea of guilty under which he retained his right to appeal the denial of his motion to suppress. On August 7, 2008, Block was sentenced to 240 months’ imprisonment, from which he timely appealed. Block now argues that the district court erred in denying his motion to suppress because (1) the agents lacked probable cause to believe that he was inside the apartment and therefore lacked authority to enter, and (2) that the consent given by Pleasure was not knowing or voluntary.

II.

“When reviewing the denial of a motion to suppress, we review the district court’s findings of fact for clear error and its conclusions of law de novo.” United States v. Hurst, 228 F.3d 751, 756 (6th Cir.2000) (citations omitted). The evidence must be viewed “in the light most likely to support the district court’s decision.” Id. (citation and internal quotation marks omitted). “A factual finding will only be clearly erroneous when, although there may be evidence to support it, the reviewing court on the entire evidence is left with the definite and firm conviction that a mistake has been committed.” United States v. Navarro-Camacho, 186 F.3d 701, 705 (6th Cir.1999) (citation omitted). We afford “deference to the district court’s assessment of credibility inasmuch as the court was in the best position to make such a determination.” United States v. Garrido, 467 F.3d 971, 977 (6th Cir.2006) (citation and internal quotation marks omitted).

III.

A.

Block first argues that the evidence found during the search of the residence should be suppressed because, before entering, the police lacked probable cause to believe that Block was present. “[A]n arrest warrant founded on probable cause implicitly carries with it the limited authority to enter a dwelling in which the suspect lives when there is reason to believe the suspect is within.” Payton v. New York, 445 U.S. 573, 603, 100 S.Ct. 1371, 63 L.Ed.2d 639 (1980). When law enforcement must enter a third party’s house to execute an arrest warrant, it is “an open question in our circuit” whether the officers need a reasonable belief or *550

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378 F. App'x 547, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-lavelle-block-ca6-2010.