United States v. Ryan Canfield

212 F.3d 713, 2000 U.S. App. LEXIS 10874
CourtCourt of Appeals for the Second Circuit
DecidedMay 17, 2000
Docket1999
StatusPublished
Cited by119 cases

This text of 212 F.3d 713 (United States v. Ryan Canfield) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second 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. Ryan Canfield, 212 F.3d 713, 2000 U.S. App. LEXIS 10874 (2d Cir. 2000).

Opinion

MESKILL, Circuit Judge:

The government appeals the order of the United States District Court for the District of Connecticut suppressing evidence obtained against defendant-appellee Ryan Canfield. After holding a hearing, the district court identified erroneous statements and omissions in the affidavit in support of the search warrant and concluded, based on the totality of the circumstances, that the remaining portions of the search warrant lacked probable cause. Upon review of the affidavit, we hold that any inaccuracies were not material to the probable cause determination. We vacate the suppression order and remand to the district court.

BACKGROUND

On February 22, 1999, Meriden Police Detective Salafia received an unsolicited tip that Canfield was manufacturing counterfeit United States currency. Detective Salafia alerted Special Agent Ornato of the United States Secret Service and, after some independent investigation, they drafted an affidavit in, order to obtain a search warrant to search Canfield’s father’s house, located at .37 Carey Avenue in Meriden, Connecticut. Except as noted below, the affidavit contains the relevant facts for this appeal. It stated,, in pertinent part:

3.That on 02/22/99 a Concerned/Confidential Witness came to the Meriden Police Department to speak to Det. Sgt. Dickson. That at this time this witness stated that a Ryan Canfield was manm facturing counterfeit U.S. currency. That at this time the witness produced two sheets of paper with ’three twenty dollar bills on each piece. That information was obtained from this person that Ryan Canfield was’producing this U.S'. currency at his fathers’ [sic] house at 37 Carey Ave., Meriden, Connecticut. That other information was obtained that this U.S. Currency was being manufactured on a computer, printer and a copier.
4. That information was also obtained that there are four to five males and one female involved in this and also narcotics. That this witness also stated that these individuals have narcotics present while they are manufacturing the U.S. currency. That according to this witness narcotics like acid, mushrooms, and ecstasy are present during the manufacturing of the counterfeit U.S. currency.
5. That on 02/23/99 this Confidential/Concerned Witness was interviewed to obtain more information concerning the manufacturing of U.S. Currency. The witness observed numerous sheets of money that were continuously being printed off the computer/copier over a long period of time on 02/21/99. That this witness overheard conversations that the individuals involved would be taking the counterfeit U.S. currency to Rhode Island and Boston. That according to the witness Ryan Canfield does not stay at 37 Carey Ave. but lives at 1175 Hanover Avenue, Meriden, Connecticut. The witness has knowledge of Ryan Canfield bringing narcotics and counterfeit U.S. currency back and forth from 37 Carey Ave. and 1175 Hanover Ave.- Meriden, Connecticut.
6. That during -this investigation this affiant spoke to Det. Trevor Thorpe concerning Ryan Canfield. That Det. Thorpe is involved in an ongoing investigation as of right now concerning drugs and the fact that Ryan Canfield is selling drugs. That Det. Thorpe then filled these affiants in as far as his investigation. That in fact he knows that Ryan Canfield is going to 37 Carey Ave. where his father lives. That Det. Thorpe obtained information from a reliable informant that Ryan Canfield is keeping drugs inside of 37 Carey Ave. *716 and 1175 Hanover Ave. That his investigation revealed that Ryan Canfield is selling drugs out of 1175 Hanover Ave. That this reliable informant also told Det. Thorpe that there is a stolen Saab behind the house that Ryan Canfield lives at, which is 1175 Hanover Ave.
7. That these affiants along with Det. Trevor Thorpe proceeded to both locations 37 Carey Ave. and 1175 Hanover Ave. That at 1175 Hanover Ave. there are two Saabs behind the house that appear to be in the process of being stripped. That these affiants corroborated the fact that 1175 Hanover Ave. is the address that Ryan Canfield receives mail by police in-house records and Department of Motor Vehicle records.

On February 23, 1999, Detective Salafia and Special Agent Ornato presented the affidavit to the Honorable Ronald J. Fra-casse of the Connecticut Superior Court. Judge Fracasse signed the search warrant authorizing law enforcement officers to search 37 Carey Avenue and Canfield for counterfeit U.S. currency, paper, ink, computer equipment, records and any other equipment used to manufacture counterfeit U.S. currency. On February 24, 1999, the search took place. Among the items recovered from 37 Carey Avenue were a laptop computer, a color printer, a scanner, rubber gloves and a black backpack containing $2,930 in counterfeit U.S. currency. Canfield was later arrested and indicted on one count of counterfeiting U.S. currency in violation of 18 U.S.C. § 471.

On May 25, 1999, Canfield filed a motion to suppress the evidence obtained pursuant to the search warrant. Canfield also sought to suppress statements he made after the search. When the government decided that it would not introduce the statements, Canfield withdrew that portion of his motion. In the supporting memorandum, Canfield claimed that the affidavit was misleading in three respects. First, the Saab described by the second “reliable informant” (CI-2) in paragraphs 6 and 7 was not stolen. Second, Canfield’s residence at 1175 Hanover Avenue (not the searched premises) was not a “house,” but an apartment building. Third, the “Concerned/Confidential witness” (CI-1) had a criminal record. Based on these inaccuracies, he argued that the search warrant lacked probable cause.

On July 19, 1999, the district court held a hearing on the matter. Two witnesses were called. The first, Ms. Darcey Beau-soleil, an investigator with the Federal Public Defender’s Office, testified that she had been to 1175 Hanover Avenue and that it was an apartment building with six units. She produced pictures of the building indicating that there were multiple units. Next, Special Agent Ornato testified that he was aware of CI-l’s criminal background, but that it did not contain any perjury or false statement convictions and that it did not have a bearing on CI-l’s veracity. He also testified that he did not check to see whether the Saab behind 1175 Hanover Avenue was stolen because he did not want to compromise the investigation by inspecting the vehicle’s identification number, which would have been necessary because it did not have any license plates. Further, he did not think it was relevant.

At the conclusion of the hearing, the district court ruled orally that the evidence would be suppressed.

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Bluebook (online)
212 F.3d 713, 2000 U.S. App. LEXIS 10874, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-ryan-canfield-ca2-2000.