United States v. Leroy Heath

58 F.3d 1271, 1995 WL 391095
CourtCourt of Appeals for the Eighth Circuit
DecidedJuly 3, 1995
Docket94-3100
StatusPublished
Cited by108 cases

This text of 58 F.3d 1271 (United States v. Leroy Heath) 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. Leroy Heath, 58 F.3d 1271, 1995 WL 391095 (8th Cir. 1995).

Opinions

SHAW, District Judge.

Leroy Heath entered a conditional guilty plea to one count of aiding and abetting possession with intent to distribute cocaine base, in violation of 21 U.S.C. §§ 841(a)(1) and 841(b)(1)(A) and 18 U.S.C. § 2, and was sentenced by the district court1 to a 120-month term of imprisonment followed by a five year term of supervised release. Heath now appeals the district court’s denial of his motion to suppress evidence and statements. We affirm.

I. BACKGROUND

Heath was arrested for possession with intent to distribute crack cocaine on September 3, 1993. He was indicted by a federal grand jury on September 21, 1993. Heath filed a motion to suppress evidence and statements arising from entry into, and search of, his motel room by Hennepin County Sheriff’s Deputies. Three hearings were held on the motion to suppress.2 Hennepin County Sheriffs Deputies Christopher Omodt and Chester Cooper testified at all three hearings, while Heath testified only at the last hearing.

The Deputies’ Testimony. On September 3, 1993, Omodt received information from a confidential informant that an African-American male staying in Room 114 at the Econo Lodge Motel in Minneapolis, Minnesota, was [1273]*1273involved in drug trafficking. Omodt contacted Cooper to assist in the investigation.

When Cooper arrived at the motel, Omódt and Deputy Sheriff Erickson were speaking with a motel employee, who said the man renting Room 114 had presented an Indiana driver’s license with the name “Otis McDuf-fey” and registered under the same name. The man paid for the room with cash each day and extended his stay day by day. Another person had been paying cash for the numerous telephone calls made from the room.

The deputies decided to attempt á “knock and talk.”3 There was no answer when the deputies knocked on the room door, so they returned to their cars. The deputies met with others and decided to conduct a surveillance of the motel. When Omodt observed a ear pull into the parking lot near Room 114 and two African-American males exit the ear, one carrying a shoe box, he and Cooper decided to try another “knock and talk” at Room 114.

When the deputies arrived at the room and knocked, the door was opened a crack. Heath answered the door and identified himself as “Otis McDuffey.” The deputies identified themselves as law enforcement officers. Omodt told Heath that he was aware of possible drug activity in Room 114 and asked if the deputies could come into the room. According to Omodt, Heath opened the door all the way and said, “Come on in.”

Mark Wynn 4 was also present in the room, sitting in a chair near a bed. Omodt told Heath and Wynn that they did not have to speak with the deputies or consent to any searches, and that they were free to tell the deputies to leave at any time. Wynn nodded affirmatively; Heath replied that they did not have anything to hide and would speak with the deputies. Once again, Omodt told Wynn and Heath that he and Cooper were deputy sheriffs. Cooper reiterated the same warnings Omodt had given to Heath and Wynn earlier.

Cooper noticed Wynn attempt to slide a shoe box under a bed. Omodt asked if he could look inside the shoe box. Heath said the new shoes he was wearing came in the box, and consented to the search. Omodt opened the shoe box and found a substance the officers believed to be crack cocaine, rubber bands, packaging materials, a scale, a razor blade, and a quantity of United States currency.

At this point, Heath and Wynn were arrested and handcuffed. Three other deputies who had been standing in the hallway entered the room. After a pat-down search, Omodt took Wynn and Heath into the bathroom and informed each of his Miranda rights. Each stated he understood his rights and was willing to talk to Omodt.

Omodt made no threats or promises to either Heath or Wynn. Cooper was outside the partially open bathroom door. Although he did not hear the entire exchange between Omodt and Heath, Cooper heard the Miranda warnings and Heath’s subsequent waiver. Omodt asked Heath for consent to search the motel room. Heath gave oral consent to do so. Heath also signed a Hen-nepin County Sheriffs Department Consent to Search Form.5 After Heath signed the form, Cooper and the other deputies searched the room.

While searching the room, Cooper found two bags. In one of the bags, a pair of shorts was found which contained a quantity of United States currency. During a second pat-down search, more crack cocaine was discovered in Wynn’s shirt pocket.

Heath’s Testimony. Heath’s version of events is much different. Heath testified at the hearing on February 16, 1994, as follows. When Heath and Wynn returned to the motel on September 3, 1993, Heath did not carry a shoe box with him. When the deputies knocked on his room door, Heath stuck his head out to inquire who was at the door, and Omodt asked if he was “Otis.” Heath replied that he was “Otis.” Omodt asked if he was the occupant of the room and Heath responded affirmatively. Then, the deputies identified themselves as law enforcement officers.

[1274]*1274Omodt asked Heath what was in the shoe box, and Heath replied that the box was empty. Omodt told Heath that he had reason to believe someone was selling narcotics from the room, and Heath asked how Omodt had made such a determination. Omodt replied that a lot of phone calls had been made from the room, and he had “probable cause” to believe drugs were being sold from the room. Heath asked if a large number of calls constituted “probable cause” and Omodt answered “Yes.” Cooper told Heath the deputies wanted to go home to their wives, it was near the holiday weekend, and they were tired. Cooper stated they needed to cheek things out and report to their boss that everything was all right. At this point, Om-odt’s voice turned harsh and he told Heath “[i]f you don’t let me in I am going to get a f. search warrant and tear your room apart.” Heath then let go of the door and pulled back his head. Because of the way Omodt was acting, Heath feared Omodt would grab him. Then Omodt pushed open the door, and he and Cooper entered the room.

Once in the room, the deputies did not tell Heath he had a right to refuse their entry, to refuse to talk to them, or to refuse consent to a search. Omodt presented Heath with a piece of paper that he demanded Heath sign. Omodt told Heath that the paper said the deputies could search his room, but Heath was not allowed to read the paper. Heath did not know he could tell the officers to leave. Heath testified that in Jamaica, where he grew up, it was not a good.idea to resist police officers and it was best to comply with their demands. Heath signed the consent form using the name “Otis McDuf-fey.”

Omodt again asked what was in the shoe box. Heath said nothing, and Omodt opened the box. Then Heath and Wynn were placed under arrest. Cooper called for other deputies to enter the room. A report came across a deputy’s radio that a African-American male had just pulled up in a black Cadillac.

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Cite This Page — Counsel Stack

Bluebook (online)
58 F.3d 1271, 1995 WL 391095, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-leroy-heath-ca8-1995.