United States v. Ronald William Smith

182 F.3d 473, 1999 U.S. App. LEXIS 14620, 1999 WL 435128
CourtCourt of Appeals for the Sixth Circuit
DecidedJune 30, 1999
Docket98-1178
StatusPublished
Cited by116 cases

This text of 182 F.3d 473 (United States v. Ronald William Smith) 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. Ronald William Smith, 182 F.3d 473, 1999 U.S. App. LEXIS 14620, 1999 WL 435128 (6th Cir. 1999).

Opinions

CONTIE, J., delivered the opinion of the court, in which SUHRHEINRICH, J., joined. KEITH, J. (pp. 484-85), delivered a separate concurring opinion.

CONTIE, Circuit Judge.

Plaintiff-appellant, United States of America, appeals the district court’s grant to Ronald Smith, defendant-appellee, of his motion to suppress the evidence seized and the statements made after the execution of a search warrant based on an affidavit indicating that ülegal firearms would be found at his residence. For the folloydng reasons, we reverse.

I.

On July 16, 1996, a special agent of the Bureau of Alcohol, Tobacco and Firearms (“ATF”), Joseph Secrete, presented a sworn affidavit to a United States magistrate in order to obtain a search warrant for defendant’s residence at 9672 Herki-mer Street, Detroit, Michigan. The affidavit stated the foUowing:

That your affiant is currently conducting an investigation on an individual identified as Ronald Smith.... Information has been developed that indicates Smith is involved in Federal firearms violations.
That your affiant conducted a check with the Recorder’s Court of Detroit and learned that Smith,has been convicted of several felony convictions. Most recently, he was convicted in 10/14/92 of Larceny in case number 92-781801.
That your affiant is being assisted in this investigation by a confidential informant identified as ATF-1. ATF-1 has on at least twenty-six (26) occasions provided information to ATF and the Detroit Police in reference to narcotics and/or firearms' violations. In all instances the information provided by this source was investigated and found to be true. This information- also led to several felony convictions based on the seizure of firearms and narcotics.
That on July 14, 1996, your affiant was advised by ATF-1 that-within the past 48 hours he/she had been at 9672 Herki-mer, Detroit, Michigan, and observed Ronald Smith in possession of a 9mm caliber pistol and a .45 caliber pistol.
That your affiant obtained a Detroit Police arrest photo 404655 of Smith. Officer Packard and your affiant conducted intermittent survehlance ’ of 9672 Herki-mer, Detroit, Michigan, during the past seven (7) days. It was during this surveillance that,a subject matching Smith’s description was entering and exiting this location.
That on July 11, 1996, your affiant spoke with Detroit Police Officers Adams and Wazinacick. These officers advised your affiant that on July 11, 1996, they interviewed Smith whereupon Smith stated he resided at 9672 Herkimer, Detroit, Michigan.
[476]*476That your affiant caused a check with the Michigan Secretary of the State’s Office and learned that Smith listed his home address as being 9672 Herkimer. That based upon the above information, the surveillance conducted by your affi-ant and the observations by the confidential informant, your affiant has probable cause to believe that Ronald Smith ... is currently residing at 9672 Herki-mer, Detroit, Michigan, and is using his location to store a .9mm caliber pistol and a .45 caliber pistol in violation of Title 18 Section 922(g).

The magistrate signed the search warrant, and it was executed two days later on July 18, 1996. The ATF agents seized approximately 14 grams of cocaine base and two firearms, a .22 caliber semi-automatic pistol, and a Winchester 12-gauge pump shotgun. Defendant was present at the execution of the search warrant, was given Miranda warnings, and signed a written confession admitting ownership of the guns and drugs.

On July 23, 1997, a grand jury in the Eastern District of Michigan returned an indictment against defendant Smith, charging him with possessing crack cocaine with intent to distribute (Count 1) and being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g) (Count 2).

On November 14, 1997, defendant filed a motion to suppress the evidence seized and the statements he made after the execution of the search warrant and for production of the confidential informant. He contended that the informant, “ATF-1,” did not exist and had been fabricated by Agent Secrete for purposes of securing the warrant. He also argued that the alleged knowing falsehood rendered the good faith exception of United States v. Leon, 468 U.S. 897, 104 S.Ct. 3405, 82 L.Ed.2d 677 (1984) unavailable. A week later, defendant filed an unsworn affidavit in which he stated that he had not possessed the two guns described in the affidavit between July 10 and July 14, 1996, and that “to the best of [his] knowledge and recollection [he] did not invite any person or persons into [his] home that in turn could be ATF-1 within 48 hours of July 14,1996.”

On December 2, 1997, defendant filed a supplemental motion to suppress. In the supplemental motion, he shifted his argument and no longer contended that ATF-1 did not exist, but argued instead that the warrant did not contain sufficient probable cause because the supporting affidavit “failed to provide an ‘explicit and detailed description’ of wrongdoing nor does the warrant state sufficient corroboration by Agent Secrete.” The supplemental motion relied heavily on the decision of this court in United States v. Weaver, 99 F.3d 1372 (6th Cir.1996).

A hearing was held before the district court on December 18, 1997. On January 12, 1998, the district court accepted defendant’s arguments and issued an order granting defendant’s motion to suppress the evidence, concluding that the affidavit was insufficient to establish probable cause, and the good faith exception of Leon did not apply. The United States timely filed an appeal. The United States argues that a warrant affidavit which recites that recent criminal activity was personally observed by a highly reliable informant, aspects of which are corroborated by further police investigation, establishes probable cause. For the following reasons, we agree.

II.

When reviewing decisions on motions to suppress evidence, this court will uphold the factual findings of the district court unless clearly erroneous, while legal conclusions are reviewed de novo. United States v. Leake, 998 F.2d 1359, 1362 (6th Cir.1993). The Fourth Amendment, which states that “no Warrants shall issue, but upon probable cause, supported by Oath or affirmation,” U.S. CONST, amend. IV, requires that probable cause be determined “by a neutral and detached magis[477]*477trate instead of being judged by the officer engaged in the often competitive enterprise of ferreting out, federal crime.” Johnson v. United States, 333 U.S. 10, 14, 68 S.Ct. 367, 92 L.Ed. 436 (1948). In order for a magistrate to be able to perform his official function, the affidavit must contain adequate supporting facts about the underlying circumstances to show that probable cause exists for the issuance of the warrant. Whiteley v. Warden, 401 U.S. 560, 564, 91 S.Ct. 1031, 28 L.Ed.2d 306 (1971). Probable cause is defined as “reasonable grounds for belief, supported by less than prima facie proof but more than mere suspicion.”

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Bluebook (online)
182 F.3d 473, 1999 U.S. App. LEXIS 14620, 1999 WL 435128, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-ronald-william-smith-ca6-1999.