United States v. Powers

1 F. Supp. 3d 470, 2014 U.S. Dist. LEXIS 20139, 2014 WL 640601
CourtDistrict Court, M.D. North Carolina
DecidedFebruary 19, 2014
DocketNo. 1:13-CR-464-1
StatusPublished
Cited by1 cases

This text of 1 F. Supp. 3d 470 (United States v. Powers) is published on Counsel Stack Legal Research, covering District Court, M.D. North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Powers, 1 F. Supp. 3d 470, 2014 U.S. Dist. LEXIS 20139, 2014 WL 640601 (M.D.N.C. 2014).

Opinion

MEMORANDUM OPINION AND ORDER

CATHERINE C. EAGLES, District Judge.

This matter is before the Court on a motion to suppress filed by the defendant Ronald Powers. (Doc. 10.) Mr. Powers contends that evidence seized during a search of 421 South Lee Street, Salisbury, North Carolina, on May 15, 2012, should be suppressed because the warrant authorizing that search was not supported by a showing of probable cause. The Court finds there was no probable cause and that it was not reasonable for the executing officer to rely on the search warrant, and therefore the Court will grant the motion.

The record reflects and the Court finds that on May 15, 2012, Sergeant N.T. Sides of the Salisbury Police Department applied to the General Court of Justice in Rowan County for a search warrant of 421 South Lee Street in Salisbury. In the application, Sergeant Sides provided the following sworn testimony, set forth in its entirety:

On 05/15/12, Detective Shulenburger, Officers Bouk, Gibson, Benjamin and myself; [sic] went to 421 South Lee Street in an attempt to locate Willie James Johnson Jr. Willie James Johnson Jr. is a black male with a date of birth of [redacted.] Johnson had a warrant for his arrest stemming from the 04/10/2012 robbery of Dominos Pizza (warrant is for armed robbery). In this robbery, two black males entered the [473]*473store, with black semi-auto handguns, and robbed the establishment of U.S. currency.
Detective Shulenburger and I had received information from a confidential and reliable informant that they had seen Willie Johnson Jr., along with powder cocaine and ecstasy, inside of the residence of 421 South Lee Street, within the past 24 hours. The informant also advised that they [sic] had seen a shotgun inside of the home within the past 72 hours.
It was decided that we would attempt to knock on the door of 421 South Lee Street and see if we could get Willie James Johnson Jr to come out and surrender to us. Officer Benjamin and I went to the front door of the residence while Officers Bouk and Gibson, along with Detective Shulenburger, went to the back of the residence (in case anyone ran). As Officer Benjamin and I pulled up in front of the residence, we heard Officer Gibson yelling in the backyard of the home. It was found that Willie James Johnson Jr, and another black male, ran out of the back of the house upon our arrival. Detective Shu-lenburger gave chase to Johnson and caught him a short distance later in the woods. Once we secured Johnson we went back to the residence where Officers Bouk and Gibson had secured the residence.

(Doc. 10-1 at 4.)1

The application asserted that there was probable cause to believe that evidence of the crimes of “Robbery — Narcotics” was located at 421 South Lee Street. {Id. at 2.) The application sought the seizure of the following:

Any evidence relating to the 04/10/2012 robbery of Domino’s Pizza that would include: any weapons, am-munitions, knives, holster or firearm related articles, fingerprints, shoe prints or impressions, blood or other bodily fluids, clothing, hair, fibers, or any other forensic evidence.
Any Scales, plastic baggies, manila envelopes, sifters, and similar instruments used in the bagging and selling of cocaine or the sale of ecstasy.
A large quantity of paper money in United States Currency.
The following writings, dated and existing over the past six months; utility bills, mailed envelope covers, bank statements, credit card bills, and similar writings to show occupancy, control, and/or possession of the place to be searched.
Any notebooks or telephone records showing or recording the names or telephone numbers of persons likely engaged in the illegal sale of cocaine or other controlled substances.
Cocaine and/or any other- controlled substance included in the North Carolina Controlled Substances Act and possessed in violation of Chapter 90 of the North Carolina General Statutes[.]

{Id. at 5.) The search warrant was issued by a judge in Rowan County. {Id. at 1.) Sergeant Sides conducted a search of the residence.2

Mr. Powers contends the information provided in the application was insufficient to provide probable cause for a search warrant because it did not provide the [474]*474judicial officer with information to make an independent determination about the informant’s reliability, because it did not provide facts sufficient to make a connection between the robbery and the residence, and because it is a “bare bones” warrant. (See Doc. 10.) The Government contends that the search warrant was supported by probable cause and that, in any event, the officers reasonably relied upon the determination made by the judicial official who issued the warrant.

1. Probable Cause

The task of a judicial officer evaluating a request for a search warrant is “to make a practical, common-sense decision whether, given all the circumstances set forth in the affidavit before him ... there is a fair probability that contraband or evidence of a crime will be found in a particular place.” Illinois v. Gates, 462 U.S. 213, 238, 103 S.Ct. 2317, 76 L.Ed.2d 527 (1983). The Fourth Amendment expresses a “strong preference for warrants,” which “is most appropriately effectuated by according ‘great deference’ to a magistrate’s determination.” United States v. Leon, 468 U.S. 897, 913-14, 104 S.Ct. 3405, 82 L.Ed.2d 677 (1984) (quoting Spinelli v. United States, 393 U.S. 410, 419, 89 S.Ct. 584, 21 L.Ed.2d 637 (1969)). Thus, “courts should not invalidate [warrants] by interpreting [affidavits] in a hypertechnical, rather than a commonsense, manner.” United States v. Ventresca, 380 U.S. 102, 109, 85 S.Ct. 741, 13 L.Ed.2d 684 (1965); accord Gates, 462 U.S. at 236, 103 S.Ct. 2317. A reviewing court’s duty “is simply to ensure that the magistrate had a substantial basis for concluding that probable cause existed.” Gates, 462 U.S. at 238-39, 103 S.Ct. 2317 (internal quotation marks and alterations omitted). Probable cause exists where, given the totality of the circumstances, “the known facts and circumstances are sufficient to warrant a man of reasonable prudence in the belief that contraband or evidence of a crime will be found” in the place to be searched. Ornelas v. United States, 517 U.S. 690, 696, 116 S.Ct. 1657, 134 L.Ed.2d 911 (1996); see Gates, 462 U.S. at 238, 103 S.Ct. 2317.

The search warrant here authorized law enforcement to search the residence for evidence of three crimes: the April 10, 2012, armed robbery of Domino’s; drug trafficking; and possession of illegal drugs. To the extent the warrant authorizes a search for evidence related to the armed robbery and to drug trafficking, it is clearly insufficient.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

United States v. Keeshawn Branch
705 F. App'x 151 (Fourth Circuit, 2017)

Cite This Page — Counsel Stack

Bluebook (online)
1 F. Supp. 3d 470, 2014 U.S. Dist. LEXIS 20139, 2014 WL 640601, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-powers-ncmd-2014.