United States v. Michael Redmond

475 F. App'x 603
CourtCourt of Appeals for the Sixth Circuit
DecidedApril 13, 2012
Docket10-5636, 10-5644
StatusUnpublished
Cited by16 cases

This text of 475 F. App'x 603 (United States v. Michael Redmond) 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. Michael Redmond, 475 F. App'x 603 (6th Cir. 2012).

Opinion

HELENE N. WHITE, Circuit Judge.

Michael and Casey Redmond were indicted on charges arising from their participation in a methamphetamine manufacturing operation. Michael Redmond (“Michael”) entered a conditional guilty plea after the district court denied a motion to suppress evidence seized from his vehicle. Casey Redmond (“Casey”) pleaded guilty to possession of methamphetamine, and possession of a listed chemical with the knowledge it would be used to manufacture methamphetamine. Michael appeals the denial of the motion to suppress, and Casey appeals his sentence. We AFFIRM as to both defendants.

I.

In December 2007, Officer Scott Whitaker of the Lake Cumberland Area Drug Task Force in Somerset, Kentucky (“Task Force”) went to the home of Michael Redmond to investigate a complaint that Michael had attempted to steal lithium batteries from a Wal-Mart. There, he encountered Casey, Michael’s Son, who claimed to be Casey’s brother Cornelius, and Ami Beckman. Casey and Ami Beckman admitted to knowing that Michael produced methamphetamine and admitted to buying psuedoephedrine for Michael with the knowledge that he would use it to produce methamphetamine. *605 They also told Officer Whitaker that various other family members, including Casey’s mother Nannette Redmond (“Nan-nette”), bought products for Michael to assist in manufacturing methamphetamine. Whitaker also smelled a “strong chemical odor around the residence,” and seized a small amount of methamphetamine and a small bag of marijuana. Michael was not present during Whitaker’s visit to the Redmonds’ address.

Several months later, on July 27 2008, David Gilbert, the Director of the Task Force, received a call from a Lowe’s store employee, who advised Gilbert that a white female had just purchased two canisters of “yellow bottle lye, drain cleaner.” Gilbert understood the caller to be referring to Roebie brand sodium hydroxide 100 percent, which Gilbert testified he had only encountered in the Lowe’s store in question and in methamphetamine labs. Gilbert testified he had one canister of drain cleaner at home, which had lasted him ten years, so he found the purchase of two canisters unusual. The caller gave a detailed physical description of the purchaser and noted that she had “iodine-coated fingers,” which Gilbert found significant because iodine is “normally utilized in a red phosphorus lab for the manufacture of methamphetamine.” The caller also provided a description of the purchaser’s pickup truck as well as its license-plate number. Gilbert ran a registration cheek and discovered it was registered to a Michael Redmond living at 311 Breezy Hills, Somerset, Kentucky. Gilbert was aware that the Task Force and the DEA had been investigating a Michael Redmond “for several years now,” the Task Force had two agents assigned to complaints regarding Michael Redmond, and the DEA had provided reports to the Task Force concerning his involvement in drug trafficking. Gilbert testified the Task Force “continually get[s] complaints about Mike Redmond and his manufacturing methamphetamine and trafficking.”

After receiving the tip from the Lowe’s employee, Gilbert contacted Officer Whitaker regarding the status of the Michael Redmond investigation. Whitaker told Gilbert that the woman in the pick-up truck was probably Nannette and confirmed the Redmonds’ address. Whitaker then told Gilbert about the information he gathered during his December 2007 investigation of the Redmonds’ address, and that Nannette had a drug-paraphernalia conviction and had been arrested in the past for possessing a concealed weapon. Gilbert also knew that Michael had prior drug convictions.

After speaking with Whitaker, Gilbert drove toward the Redmonds’ address and caught up with the pick-up truck just as it was entering the subdivision, following it as it pulled into the driveway of the Red-monds’ address. Gilbert then got out of his vehicle, identified himself to the driver, and asked her for identification. Nannette provided her driver’s license, which listed the Redmonds’ address at which they were parked, and Gilbert noted at that time that she matched the description provided by the Lowe’s employee.

Gilbert told Nannette that he was a police officer and asked if she would consent to a search of the truck, which Nan-nette refused. Michael then came out of his garage and also refused to consent to a search of the truck. Gilbert noticed that the Redmonds’ garage was burned out with the entire roof missing, and contained graffiti showing a skull and the words, “Not responsible for accidents.” Gilbert called 911 and requested assistance, and two Pulaski County Sheriffs Deputies arrived within minutes. At Gilbert’s request, the deputies conducted a safety sweep of the Redmonds’ residence and *606 reported that no one was inside. Gilbert then asked the deputies to supervise Nan-nette and Michael as he approached the truck and peered through the passenger-side window. Upon looking inside, Gilbert saw an orange posterboard that obscured part of a plastic bag, within which he could see approximately one inch of what resembled a yellow spray paint can. Gilbert strongly suspected it was Prestone starting fluid because he knew it to come in a yellow can and had seen it in many methamphetamine labs.

Gilbert then opened the door to the vehicle, lifted the posterboard and found three cans of Prestone starting fluid, ether, and a can of what he thought may have been iodine. Gilbert then placed Nannette under arrest, advised her of her rights, and asked her the location of the drain cleaner. Nannette responded that the drainer cleaner was “in the tool box in the back,” and Gilbert found two canisters of drain cleaner in a tool box in the back of the vehicle. When Gilbert asked Nannette what she was going to do with the chemicals, she said she was just stopping by on her way to take the chemicals to a friend. When he challenged this claim, she told him that she was going to use the chemicals to “cook.” Gilbert reported his observations to Whitaker upon his arrival, and Whitaker prepared a search warrant affidavit and obtained a search warrant from a Pulaski County District Court judge. The execution of the search warrant yielded evidence of the manufacture of methamphetamine, including finished product methamphetamine, pseudoephedrine tablets, lithium batteries, tinctured alcohol, iodine, and salt.

Michael, Casey, Nannette, and Ami Beckman were all indicted for conspiracy to manufacture methamphetamine. After a suppression hearing, a magistrate judge found that the search of the vehicle was not justified as a Terry search or as a search conducted pursuant to the safety-based warrant exception. However, the magistrate judge found that probable cause supported the vehicle’s search under the automobile exception to the warrant requirement, and because defendants did not argue that the warrant application in its entirety, including the evidence obtained from the truck, failed to provide probable cause to search the house, the magistrate judge upheld the search of the Redmonds’ residence as well. The district court adopted the recommended disposition in its entirety. Michael entered a conditional plea to Count 1 of the superseding indictment — conspiracy to manufacture 50 grams or more of a mixture of substance containing a detectable amount of methamphetamine, 21 U.S.C. § 846

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475 F. App'x 603, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-michael-redmond-ca6-2012.