United States v. Meadows

881 F. Supp. 1219, 1995 U.S. Dist. LEXIS 4932, 1995 WL 228698
CourtDistrict Court, N.D. Indiana
DecidedFebruary 15, 1995
DocketNo. 1:94-cr-39
StatusPublished

This text of 881 F. Supp. 1219 (United States v. Meadows) is published on Counsel Stack Legal Research, covering District Court, N.D. Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Meadows, 881 F. Supp. 1219, 1995 U.S. Dist. LEXIS 4932, 1995 WL 228698 (N.D. Ind. 1995).

Opinion

ORDER

WILLIAM C. LEE, District Judge.

This matter is before the court on Defendant’s December 8, 1994, Motion for a Franks v. Delaware, 438 U.S. 154, 98 S.Ct. 2674, 57 L.Ed.2d 667 (1978), Hearing and Motion to Suppress. On December 27, 1994, the Government filed its Response, and on January 5, 1995, the Defendant filed his Reply. The court held a hearing on January 9, 1995, to pursue the appropriateness of a Franks hearing, after which the court took the matter under advisement and ordered supplemental briefs. The Government filed its Supplemental Brief on January 17, 1995, and the Defendant filed his Supplemental Brief on January 18, 1995. The Defendant’s Motion for a Franks Hearing and Motion to Suppress are DENIED.

FACTS

On March 31, 1994, a probable cause hearing was held before Judge David L. Hansel-man, Sr., of the Wells County Circuit Court. Detective Terri Ellen Bricker of the Bluffton Police Department provided the testimony upon which probable cause for issuance of the search warrant was found.

At the probable cause hearing, Detective Bricker testified to the following facts: On March 15, the police received a Crime Stoppers tip that Craig Meadows had a marijuana grow system in the basement of his residence; specifically, he had two grow lights and quite a few marijuana plants. The informant stated that Meadows was worried because he thought the police were living close to him. Detective Bricker confirmed that this statement was consistent with the frequency of police presence in the area, as she pays regular visits to her father, who lives near Meadows. Detective Bricker also stated that the person providing the Crime Stoppers tip had previously provided information that had proven to be reliable.

After receiving the tip, Detective Bricker confirmed that Craig Meadows did in fact [1222]*1222live at 2707 Mulberry Street in Vera Cruz. Then Detective Bricker obtained the electric bills for Meadows’ house and three other houses that use basically the same type of heat. (Meadows’ house had a propane tank, so Detective Bricker made sure that the other three houses also had propane tanks.) All four houses were of similar size. In comparing the electrical usage, Detective Bricker found that Meadows used, on average, twice as much electricity as the other three houses.

Next, Detective Faust conducted a thermal imaging test1 on Meadows’ residence and the house just west of Meadows’. Detective Bricker read the following excerpt from Detective Faust’s report to the judge at the probable cause hearing:

In viewing the foundation around the residence [and he is speaking about Mr. Meadows], I did find the foundation appeared to be more hot so to the front of the residence than to the rear. The day had been overcast and cool and I would have expected to see the foundation appearing slightly cooler. I did observe that the foundation under the front porch which sets back from the flush side of the porch appeared very hot indicating a source of heat inside. I would have expected this area to be very cool because of its not being exposed to external heat and the coolness of the ground. I also ran a thermal on the residence just to the west of the target residence and found it too was very poorly insulated. In comparison, I found that the target house was much hotter in appearance throughout. There was a definite difference between the target location’s foundation and the comparison location with that of the target location appearing a lot hotter.

(Defendant’s Exh. A, Transcript from Probable Cause Hearing, pp. 7-8.) Detective Bricker noted that the informant had reported that the grow system was in the basement of Meadows’ house. When asked by the judge, she stated that a grow system consists of a special type of lighting source which produces an intense amount of heat. She asserted that, based on her experience, marijuana must be grown in a climate of eighty (80) degrees or more. Detective Bricker also responded affirmatively to the judge’s questions of whether, based on her experience, the observations of the “extreme usage of electric [sic] and the thermal graph” were consistent with a marijuana grow operation and with the report made by the Crime Stoppers informant.

Based on this testimony, Judge Hanselman granted the government’s request for a warrant. The warrant allowed for the search of the residence of Craig Meadows, 2707 Mulberry Street, Vera Cruz, for marijuana, marijuana seeds, marijuana growing systems, marijuana weighing scales, and paraphernalia. The search was conducted, and the police recovered marijuana plants, growing equipment, scales, and paraphernalia. The defendant now challenges certain statements and omissions made by Detective Bricker during the probable cause hearing and moves the court to hold a Franks hearing and subsequently to suppress the evidence resulting from the search.

ANALYSIS

In Franks v. Delaware, the Supreme Court held that the underlying veracity of the warrant affidavit may be challenged in certain circumstances. 438 U.S. at 155, 98 S.Ct. at 2676.

[W]e hold that, where the defendant makes a substantial preliminary showing that a false statement knowingly and intentionally, or with reckless disregard for the truth, was included by the affiant in the warrant affidavit, and if the allegedly false statement is necessary to the finding of probable cause, the Fourth Amendment requires that a hearing be held at the defendant’s request.

Id. “To determine whether the defendant has made the requisite ‘substantial preliminary showing,’ the district court must sort through the materials defendant submits, weighing the possible inferences, and deter[1223]*1223mine the likelihood that the affiant lied in the warrant.” United States v. Rivera, 738 F.Supp. 1208, 1213 (N.D.Ind.1990) (citing United States v. Pace, 898 F.2d 1218, 1227 (7th Cir.1990)). In Franks, the Supreme Court described what constitutes a “substantial preliminary showing”:

[t]here is, of course, a presumption of validity with respect to the affidavit supporting the search warrant. To mandate an evidentiary hearing, the challenger’s attack must be more than conclusory and must be supported by more than a mere desire to cross-examine. There must be allegations of deliberate falsehood or of reckless disregard for the truth, and those allegations must be accompanied by an offer of proof. They should point out specifically the portion of the warrant affidavit that is claimed to be false; and they should be accompanied by a statement of supporting reasons. Affidavits or sworn or otherwise reliable statements of witnesses should be furnished, or their absence satisfactorily explained. Allegations of negligence or innocent mistake are insufficient. The deliberate falsity or reckless disregard whose impeachment is permitted today is only that of the affiant, not of any nongovernmental informant.

438 U.S. at 171-72, 98 S.Ct. at 2684.

Further,

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Bluebook (online)
881 F. Supp. 1219, 1995 U.S. Dist. LEXIS 4932, 1995 WL 228698, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-meadows-innd-1995.