United States v. Reddicks

237 F. App'x 826
CourtCourt of Appeals for the Fourth Circuit
DecidedJuly 30, 2007
Docket06-4982
StatusUnpublished

This text of 237 F. App'x 826 (United States v. Reddicks) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth 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. Reddicks, 237 F. App'x 826 (4th Cir. 2007).

Opinion

PER CURIAM:

Appellant Anthony Reddicks appeals from his conviction, by jury, of possession of more than fifty grams of crack cocaine with intent to distribute, in violation of 21 U.S.C. § 841(a)(1). He argues that the search that produced evidence against him was predicated on an insufficient or intentionally false warrant, and that the district court’s denial of his motion to suppress that evidence should be reversed. Moreover, he seeks a new trial because the district court allowed allegedly prejudicial testimony by a government expert witness. For the reasons that follow, we find no error and affirm.

I.

In support of his January 31, 2006 application for a warrant to search the residence in which Appellant and his family lived, Detective J.D. Carter of the Roanoke City Police submitted the following statement:

*828 Within the past 72 hours a reliable confidential informant was at the residence to be searched and observed an unknown B/M [black male] possess and offer for sale an amount of off white chunk substance. The B/M indicated to the informant that the off white chunk substance was crack cocaine. The informant is an admitted drug user and is familiar with the packaging and appearance of crack cocaine.

J.A. 65. The affidavit form in the application provided for two options: one to be checked if the officer had personal knowledge of the facts contained therein, and the other to be checked if the officer was advised of those facts by an informant. Carter checked both options. He wrote further that the informant had given information leading to four convictions and the capture of a fugitive within the past several years. “All information,” he commented, “has been corroborated in whole or in part by detectives.” Id.

Carter obtained the warrant and executed it on the same day. In one bedroom of the house, the police found the appellant sleeping, alone and in his underwear. A few feet away lay a pair of jeans containing crack cocaine and $414 in cash. Shortly thereafter, Appellant was arrested and indicted under 21 U.S.C. § 841(a)(1).

Before trial, Appellant moved to suppress the evidence from the search, arguing that the warrant failed to evince probable cause and was obtained in reckless disregard of the truth. In support of the motion, Appellant’s father testified to having been at the family residence for the seventy-two hours prior to the execution of the warrant, and that only two friends had visited the house within that time. The father admitted to having slept during the period, however.

In response, Carter testified that he met with the informant frequently, if not daily, and that he had underrepresented the informant’s helpfulness in the affidavit to protect the informant’s identity: this informant had contributed to some twenty-five arrests in the previous five years. As to corroboration, Carter mentioned that he had verified that the address given by the informant was Appellant’s family’s, and that he had “dealt with [the family] several times in the past” regarding drug-related activity. J.A. 35. Crediting the officer’s testimony, the court denied the motion.

At trial, the government’s trace evidence expert testified that head and pubic hairs found in the jeans were consistent with Appellant’s; other traces, such as leg hair and hair fragments, were not suitable for microscopic comparison. Appellant’s counsel pursued this latter fact, asking, “We cannot exclude the possibility ... that those [non-comparable hairs] came from someone else other than Anthony Red-dicks, correct?” J.A. 135. The trace expert agreed:' since the hairs could provide no comparison, she could not tell whose they were. On redirect, the United States responded, “Is it possible, then, that [the hairs] came from Mr. Reddicks?” J.A. 136. Over Appellant’s objection, the expert answered in the affirmative.

Another United States expert witness testified that Appellant’s DNA profile matched the major contributor of DNA to the jeans. This profile would be shared, theoretically, by only one in twelve quadrillion other African Americans. The jury subsequently convicted Appellant, and he timely appealed.

II.

Appellant makes three arguments: (1) that the search of his home was invalid because, on its face, the warrant was devoid of probable cause; (2) that, if the warrant did evince probable cause, it was because of Carter’s intentionally or recklessly false statements; and (3) that the *829 trace expert’s affirmative answer in the colloquy described above was unduly prejudicial speculation that deprived Appellant of a fair trial. We consider each argument in turn.

A.

The standard of review for a magistrate’s determination of probable cause is one of great deference. United States v. Blackwood, 913 F.2d 139, 142 (4th Cir.1990). He or she need only find, in a commonsense appraisal of the reliability and “basis of knowledge” of those offering hearsay evidence, that “there is a fair probability that contraband or evidence of a crime will be found in a particular place.” Id. (quoting Illinois v. Gates, 462 U.S. 213, 238, 103 S.Ct. 2317, 76 L.Ed.2d 527 (1983)).

Here, Appellant asserts that the warrant was insufficient, on its face, to establish probable cause because Carter did not sufficiently corroborate the informant’s story, and because the informant provided no information about the person allegedly selling the drugs.

Appellant’s assertion that the informant’s tip was insufficient absent substantial police corroboration, relying on United States v. Miller, 925 F.2d 695, 698 (4th Cir.1991), is misplaced: Miller concerns the probable cause requirements for a warrantless arrest when the informant has never previously advised the police, id. at 696-97 n. 1. By contrast, the warrant here stipulated that the informant was credible because he had previously provided valuable information five times. “[A] proven, reliable informant is entitled to far more credence than an unknown, anonymous tipster.” United States v. Bynum, 293 F.3d 192, 197 (4th Cir.2002). In addition, Carter’s informant alleged first-hand experience of illegal drug activity at Appellant’s residence, an obvious basis of knowledge for his information. The warrant therefore “suffices for the practical, commonsense judgment called for in making a probable cause determination.” Gates, 462 U.S. at 244, 103 S.Ct. 2317.

Appellant’s contention that the warrant needed to identify him as the seller of the drugs misconstrues the relevant inquiry. The magistrate was to gauge the likelihood of finding contraband in the place

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237 F. App'x 826, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-reddicks-ca4-2007.