United States v. Paul Van Dreel

155 F.3d 902, 1998 U.S. App. LEXIS 22401, 1998 WL 614645
CourtCourt of Appeals for the Seventh Circuit
DecidedSeptember 15, 1998
Docket97-2527
StatusPublished
Cited by71 cases

This text of 155 F.3d 902 (United States v. Paul Van Dreel) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh 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. Paul Van Dreel, 155 F.3d 902, 1998 U.S. App. LEXIS 22401, 1998 WL 614645 (7th Cir. 1998).

Opinion

ILANA DIAMOND ROVNER, Circuit Judge.

Paul Van Dreel was convicted by a jury of: 1) conspiring to distribute and to possess with intent to distribute cocaine; 2) distribution of cocaine; and 3) possession with, intent to distribute cocaine, all in violation of 21 U.S.C. § 841(a)(1). He challenges the convictions on all three counts on the grounds that a search of his residence for evidence of hunting violations was a pretext for a general search for drugs in violation of the Fourth Amendment, and that evidence admitted at trial regarding guns seized from his home should have been excluded because its prejudicial effect outweighed its probative value. Van Dreel also challenges the distribution count for lack of sufficient evidence. We affirm.

I.

In the course of investigating Dale Pier-quet for drug violations, the Brown County Drug Task Force began to surveil Van Dreel, an associate of Pierquet. The Task Force suspected that Van Dreel was supplying cocaine to Pierquet. Using information gathered from surveillance, the police obtained and executed two search warrants for Van Dreel’s rural Wisconsin property. In addition to Van Dreel’s home, the property held a garage, a semitrailer and approximately 60 vehicles. Two searches yielded no evidence of drugs (except for a small amount of cocaine residue), but did reveal a number of weapons and evidence of possible hunting violations. Subsequent to these unfruitful searches, the police arrested two men who had been observed visiting Van Dreel during the earlier surveillance. A search of their car revealed a hidden compartment lined with red grease and containing an envelope holding $4250 in cash. The police decided to use the hunting violation evidence to obtain another search warrant for Van Dreel’s property. The new warrant authorized a search for evidence of deer poaching violations, including parts of deer carcasses, deer tags, licenses, ledgers indicating the sale of deer *904 meat, bows, arrows, weapons and ammunition. Although the warrant was issued at the request of the Wisconsin Department of Natural Resources, an officer from the Drug-Task Force participated in the search, admittedly in hopes of finding evidence of drug dealing. This officer had participated in the two earlier searches and was fully familiar with the investigation. While searching through a junked pickup truck, one of the sixty vehicles stored on Van Dreel’s property, the Drug Task Force officer discovered a piece of plastic wrap marked with the same red grease found in the secret compartment of the car of two of Van Dreel’s confederates. The officer found the plastic wrap under the truck’s seat, which he had pushed forward in the course of his search. Recognizing the value of this evidence to the drug investigation, the officer seized the plastic wrap.

After their arrests, various members of the conspiracy testified against Van Dreel. Pier-quet testified that Van Dreel regularly supplied him with cocaine, which he then resold to support his own cocaine addiction. Juan Carpió, one of the men arrested in the car with the secret compartment, testified that he sold cocaine to Van Dreel on a number of occasions, including the day of Carpio’s arrest. Carpió confirmed that on that day, he had sold several ounces of cocaine to Van Dreel for $4250, and that he had delivered the cocaine to Van Dreel out of the grease-lined hidden compartment. Not surprisingly, the grease-stained plastic wrap recovered during the hunting violation search as well as the matching grease-stained envelope of cash were key pieces of corroborating evidence.

In the district court, Van Dreel moved to suppress the fruits of the search for evidence of hunting violations, arguing that the police really intended to search for evidence of drug crimes. He also contended that the officers exceeded the scope of the warrant when they searched under the seat of a pickup truck stored on the property. The district court rejected Van Dreel’s argument, finding that the warrant authorized a search of the pickup truck, and finding-that the grease-stained plastic wrap was in plain view. Because the incriminating nature of the plastic wrap was immediately apparent to the officer conducting the search, the district court held, the seizure was appropriate. The district court similarly rejected Van Dreel’s attempt to exclude evidence regarding a number of guns the police seized from his home during one of the searches. Finding that guns are often tools of the drug trade, the court held that the probative value of the guns did not outweigh their prejudicial effect. The court was persuaded by the government’s offer to stipulate to the gun evidence rather than displaying the weapons to the jury in a more dramatic fashion. Finally, the district court denied Van Dreel’s motion for a judgment of acquittal, holding that the evidence was sufficient to convict him on all three counts. Van Dreel appealed.

II.

We begin with Van Dreel’s contention that the court should have suppressed the plastic wrap evidence because it was seized in violation of the Fourth Amendment. Van Dreel’s attack on this evidence is two-pronged. He objects to the use of the warrant relating to hunting violations as a pretext for searching for drug evidence. Such a use, he claims, is a violation of the prohibition against general warrants. He also claims that the officer exceeded the scope of the warrant when he moved a truck seat forward to inspect beneath it. Van Dreel posits that an officer could not reasonably have expected to find evidence of hunting violations beneath that seat. Anticipating the government’s reply that ammunition could have been found under the seat, Van Dreel adds that the officer should not have been searching for ammunition because it is lawful to possess ammunition. We review warrantless search and seizure issues de novo. United State v. Bruce, 109 F.3d 323, 328 (7th Cir.1997), cert. denied, — U.S. -, 118 S.Ct. 113, 139 L.Ed.2d 66 (1997) (citing Ornelas v. United States, 517 U.S. 690, 116 S.Ct. 1657, 1663, 134 L.Ed.2d 911 (1996)).

The Supreme Court decisively answered the pretext question in Whren v. United States, 517 U.S. 806, 116 S.Ct. 1769, 135 L.Ed.2d 89 (1996). Although Whren was decided in the context of a traffic stop, we think it is instructive here. The petitioner in Whren argued that police officers who pulled him over for traffic violations were actually *905 motivated by a hunch that the occupants of the vehicle were involved in a drug crime. The driver of the vehicle committed a number of traffic offenses, and when officers approached the stopped car, they observed two large plastic bags of a substance appearing to be crack cocaine in the lap of the petitioner. Reviewing the history of Supreme Court jurisprudence on the motivations of officers engaged in searches where they have probable cause, the Court remarked:

Not only have we never held, outside the context of inventory search or administrative inspection ...

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Bluebook (online)
155 F.3d 902, 1998 U.S. App. LEXIS 22401, 1998 WL 614645, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-paul-van-dreel-ca7-1998.