United States v. Mack

145 F. Supp. 3d 635, 2015 WL 6942491
CourtDistrict Court, M.D. Louisiana
DecidedNovember 10, 2015
DocketCRIMINAL ACTION 15-61-SDD-SCR
StatusPublished

This text of 145 F. Supp. 3d 635 (United States v. Mack) is published on Counsel Stack Legal Research, covering District Court, M.D. Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Mack, 145 F. Supp. 3d 635, 2015 WL 6942491 (M.D. La. 2015).

Opinion

RULING

JUDGE SHELLY D. DICK, UNITED STATES DISTRICT COURT, MIDDLE DISTRICT OF LOUISIANA

This matter is before the Court on the Motion to Suppress1 filed by the Defendant, Cody Mack (“Defendant”). The United States (“the Government”) has filed an Opposition2 to this motion. The Court held an evidentiary hearing on this motion on September 21, 2015, took the matter under advisement, and allowed the- parties to "file post-hearing briefs.3 The Court- has considered the arguments of the parties, the testimony and evidence presented-at the hearing, and the law as applied to the facts of this case. For the reasons set forth below, the Defendant’s motion shall, be granted in part and denied in part.

I. FACTUAL BACKGROUND4

The Defendant was indicted on April 22, 2015 for possession with intent to distribute heroin (Count 1), possession of a firearm by a convicted felon (Count 2), and possession of a firearm in furtherance of a drug trafficking crime (Count 3). The Defendant moves to suppress all evidence resulting from his arrest and the search of his hotel room on December 10, 2014.

Defendant contends the police were conducting surveillance of the Defendant in the parking lot of his hotel based on the unsupported tip of an anonymous source that the Defendant- was selling narcotics out of the Microtel Hotel on Plaza Americana Drive in Baton Rouge, Louisiana. Defendant contends that, after two days, the officers failed to observe any criminal activity. On December 10, 2014, upon the Defendant’s return to ’the hotel, the officers claimed that he failed to use a turn signal when turning into the rear parking lot of the hotel; thus, the officers activated their blue lights and sirens to conduct a traffic stop. Rather than stop, the officers contend the Defendant did not stop but sped up into the parking lot. Defendant points out that the police vehicles were unmarked and that no ■ dash cameras captured. this alleged illegal- turn. Defendant further contends he was forcibly removed from his car and tazed. Subsequently, the Defendant allegedly consented to the search of his hotel room, where the officers discovered narcotics and firearms. Defendant now moves to suppress all of the seized evidence arguing that, under the “fruit of the poisonous tree” doctrine, all evidence derived from the illegal stop and seizure must be suppressed. Defendant, likewise, challenges the search of his hotel room based on involuntary consent. '

The Government’s version of events are slightly different. The Government claims that, in October of 2014, the BRPD narcotics detectives were investigating drug trafficking at the Creft and Son Grocery Store (“the store”) in a Baton Rouge area known as “Zion City.” Through multiple sources of information, the officers learned that drug dealers were using the store to conduct- drug transactions; thus, a covert pole [638]*638camera was installed to assist detectives in their surveillance of the store and investigation of drug trafficking activities. The Defendant was observed on the Creft and Son pole camera, surveillance. In December of 2014, the detectives allegedly learned through a source that the Defendant did not have .a residence but lived in hotels. The detectives monitored the Defendant for two days at the Microtek in addition to viewing the Defendant’s activities on pole camera footage at the store.

On December 10,2014, as the Defendant traveled back to the hotel from the store, an officer observed Defendant turn into the parking lot without using a turn signal. Although the officer activated his lights and siren to conduct a traffic stop, the officer claims the Defendant continued driving in the parking lot in- a reckless manner to evade police. The detectives contend that, not only did the Defendant continue not to comply, but that he nearly struck another detective’s vehicle during his “flight.” Once Defendant’s vehicle was stopped, the officers approached the Defendant and instructed him to put his hands in the air; the Defendant allegedly refused to comply with these demands. The officers contend that the Defendant’s right hand was concealed under his shirt leading them to believe the Defendant might be concealing a weapon, so they deployed a Taser to subdue him.

Despite being hit by the Taser, the officers claim that the Defendant continued to resist and ignore,their instructions. After being tazed a second time, the Defendant was ultimately handcuffed and read his Miranda rights. Before they asked the Defendant any questions, the officers contend he volunteered that he had narcotics on his person. The detectives retrieved a clear, plastic bag containing four plastic bags of methamphetamine and seven plastic bags of heroin that the Defendant had concealed in his buttocks.5 An officer asked the Defendant if he had more drugs in his hotel room; the Defendant allegedly responded in the affirmative and advised that he also had a firearm in his room. The officers conducted a search incident to arrest and also found $748 and a key card in the Defendant’s pockets. The Defendant allegedly told the officers he was staying in Room 323 and gave the officers consent to search his room. The Defendant allegedly guided.the officers to his room where they discovered various narcotics, two digital scales, $8,190.00, a cutting agent, the firearm charged in , the Indictment, and ammunition, As the officers searched the room, the Defendant allegedly made several statements regarding the narcotics, firearm, his distribution of drugs, and his status as a convicted felon.

The Government opposes the motion to suppress, arguing that the traffic stop was lawful and that the Defendant consented to the search of his room.

II. LAW & ANALYSIS

A. Motion to Suppress

Generally, “[t]he proponent of a motion to suppress has the burden of proving, by a preponderance of the evidence, that the evidence obtained was in violation of the Fourth Amendment.6 Conversely, at a suppression hearing, ythe Government must prove, by a preponderance of the evidence, that the challenged evidence was lawfully obtained.7

[639]*639B.. Anonymous Tip Justified Terry Stop

Under Terry v. Ohio,8 “police officers may stop and briefly detain an individual for investigative purposes if they have reasonable suspicion that criminal activity is afoot.”9 When, as here, the officers conducting the stop act without a warrant, the Government bears the burden of proving reasonable suspicion.10

The Fifth Circuit' holds that “[Reasonable suspicion can be formed by a confidential informant’s- tip so long as the information is marked by ‘indicia of reliability.’ ”11 In United States v. Martinez,12 the Fifth Circuit discussed a number, of the factors applied in determining whether a tip provides reasonable suspicion, includ-. ing; “the credibility and reliability of the informant, the specificity of the, information contained in the tip or report, the extent to which the information in the tip or report can be verified by officers in the field, and whether the tip or report concerns active or recent activity, or has instead gone stale.”13

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Bluebook (online)
145 F. Supp. 3d 635, 2015 WL 6942491, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-mack-lamd-2015.