United States v. Richardson

40 F. App'x 7
CourtCourt of Appeals for the Sixth Circuit
DecidedFebruary 21, 2002
DocketNo. 00-6168
StatusPublished
Cited by2 cases

This text of 40 F. App'x 7 (United States v. Richardson) 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. Richardson, 40 F. App'x 7 (6th Cir. 2002).

Opinion

OPINION

EAYNES, District Judge.

Defendant-Appellant Erico Richardson appeals the denials by the district court of his two motions to suppress his statements and other evidence obtained by the Shelby County, Tennessee, deputy sheriffs when they arrested Richardson for possessing cocaine with intent to distribute. Because the deputy sheriffs did not coerce Richardson into making incriminating statements after his arrest, and because they had probable cause to arrest Richardson, we AFFIRM the district court’s rulings.

I. BACKGROUND

According to the district court’s findings, on July 7, 1999, Shelby County, Tennessee [10]*10deputy sheriffs seized, searched and arrested Richardson based upon information that Richardson was in possession of crack cocaine and en route to deliver the cocaine to a confidential informant cooperating with these officers. Several deputy sheriffs intercepted and arrested Richardson as he returned to his vehicle after looking inside a nearby unmarked surveillance vehicle occupied by a deputy sheriff who had been observing Richardson near the residence.

One week prior to his arrest, a confidential informant told Dirk Beasley of the Shelby County Sheriffs narcotics unit, that he “had ordered two ounces of ‘crack’ cocaine” from “a ‘coke’ dealer” named Richardson. The informant identified Richardson from four or five photographs and identified a residence where the informant had seen Richardson. This informant had provided Beasley two prior accurate tips that led to the seizures of drugs and arrests on felony drug charges.

Beasley and others in the sheriffs office surveyed this residence with an officer posted thirty to forty yards from the residence. Beasley instructed the informant to call him when Richardson telephoned him about the sale of crack cocaine and when Richardson was to leave the residence to deliver the cocaine. The surveillance team intended to arrest Richardson while he was en route to deliver the drugs, but abandoned their plan when Richardson approached a nearby surveillance vehicle shortly after leaving the residence. Richardson parked behind this vehicle, walked to the vehicle, and looked inside.

Although the surveillance vehicle’s windows were tinted, the deputy sheriff who was seated inside and was wearing a sheriffs jacket, became concerned that Richardson saw him. The deputy sheriff inside the vehicle called for assistance. Concerned for that officer’s personal safety, the remaining deputy sheriffs in the surveillance team “rushed into the cove ... with guns drawn” and seized Richardson as he walked away from the surveillance vehicle. Deputy sheriffs placed Richardson on the pavement and handcuffed him, but at that point, the officers did not advise Richardson of his Miranda1 rights nor question him. Richardson did not speak to the officers. With Richardson handcuffed, one deputy sheriff performed a pat-down search of Richardson’s person.

Other team members and a dog that was trained to detect narcotics searched Richardson’s vehicle. The dog gave a positive reaction for drugs near the driver’s seat where Richardson had been seated. A search of the vehicle yielded keys, currency and a plastic bag containing a hard substance. An officer removed the bag, visually inspected its contents, and concluded that the bag likely contained “crack” cocaine. Deputy sheriffs then arrested Richardson, and advised him of his Miranda rights.

The officers were also concerned about Richardson’s ability to “return to the house and destroy evidence” as well as the opportunity for any persons in the residence to destroy any evidence or contraband in the residence. The officers asked Richardson whether other persons were in the residence. When Richardson confirmed the presence of others in the residence, the officers asked for Richardson’s permission to search the residence, but Richardson stated that as a nonresident, he could not give permission to search. The officers repeatedly knocked at the residence’s front door to gain entry, without success. The officers then used the keys found on Richardson’s person to enter the [11]*11residence. The officers performed a protective sweep of the residence and encountered Latanya Watson, Richardson’s girlfriend, who was inside. Ms. Watson gave her written permission to search her residence.

The officers’ search of the residence produced fifty-nine “rocks” of cocaine, a portion of a slab of cocaine, $11,836 in United States currency, and a bulletproof vest. About the time the officers obtained consent to search, Richardson was escorted into the residence and then volunteered that all of the “drugs and stuff’ belonged to him, without any questioning or attempts by the officers to talk to him.

Richardson’s first motion to suppress concerns his statements to deputy sheriffs at the time of his arrest. Richardson alleges that the deputy sheriffs threatened, forced, and coerced him into making statements. Richardson contends that the deputy sheriffs arrested him without advising him of his Miranda rights. Richardson’s second motion to suppress concerns contraband and other evidence seized from his vehicle and his girlfriend’s residence by the deputy sheriffs without a warrant or probable cause as required by the Fourth Amendment. The district judge referred the motions to a magistrate judge and adopted his findings and recommendations to deny the motions.

In effect, the district court found that despite the lack of a warrant, the officers had probable cause to seize, search and arrest Richardson and had consent to search the residence. The magistrate judge who made the findings of fact and conclusions of law for the district court concluded that: (1) the deputy sheriffs did not obtain Richardson’s statements by threat, force, or coercion prior to advising him of his Miranda rights; (2) Richardson voluntarily admitted his illegal cocaine possession; (3) the deputy sheriffs had probable cause when they conducted a “borderline” stop and frisk before arresting Richardson for having cocaine on his person; and (4) Richardson’s girlfriend consented to the search of her residence that justified the search and seizure of drugs found at her residence.

Richardson pled guilty to two counts of possessing a controlled substance with intent to distribute. The district court entered judgment, sentencing Richardson to 210 months on each count to run concurrently with concurrent four-year and three-year periods of supervised release. Richardson preserved his right to appeal the district court’s rulings on his arrest and the admission of his incriminating statements as well as the searches of his vehicle and his girl friend’s residence.

II. ANALYSIS

“When reviewing a motion to suppress evidence, we will reverse factual findings of the district court only if they are clearly erroneous. Conclusions of law, however, are reviewed de novo.” U.S. v. Mick, 263 F.3d 553 (6th Cir.2001) (citing United States v. Leake, 998 F.2d 1359, 1362 (6th Cir.1993)). While a district court’s factual findings are subject to the clearly erroneous standard of review, the reasonableness of the officers’ conduct is subject to this Court’s de novo review. United States v. Kennedy, 61 F.3d 494, 497 (6th Cir.1995) (citing United States v. Williams,

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

Related

United States v. Flores
30 F. Supp. 3d 599 (E.D. Kentucky, 2014)
Hensley v. Gassman
763 F. Supp. 2d 876 (E.D. Michigan, 2011)

Cite This Page — Counsel Stack

Bluebook (online)
40 F. App'x 7, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-richardson-ca6-2002.