United States v. Sellers

897 F. Supp. 2d 754, 2012 WL 4060745, 2012 U.S. Dist. LEXIS 131270
CourtDistrict Court, N.D. Indiana
DecidedSeptember 14, 2012
DocketNo. 2:08 CR 23
StatusPublished
Cited by3 cases

This text of 897 F. Supp. 2d 754 (United States v. Sellers) is published on Counsel Stack Legal Research, covering District Court, N.D. Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Sellers, 897 F. Supp. 2d 754, 2012 WL 4060745, 2012 U.S. Dist. LEXIS 131270 (N.D. Ind. 2012).

Opinion

OPINION AND ORDER

JAMES T. MOODY, District Judge.

I. PROCEDURAL BACKGROUND

On May 14, 2008, defendant Sidney Sellers was indicted on one count of possessing with the intent to distribute fifty or more grams of crack in violation of 21 U.S.C. § 841(a)(1), one count of possessing with the intent to distribute cocaine in violation of 21 U.S.C. § 841(a)(1), and one count of possessing a firearm in furtherance of a drug trafficking crime, in violation of 18 U.S.C. § 924(c). (DE #38.) Defendant went to trial in 2008, and was convicted on all counts. The Seventh Circuit Court of Appeals reversed defendant’s conviction on appeal, and remanded the case for a new trial, including all pre-trial proceedings. United, States v. Sellers, 645 F.3d 830, 840 (7th Cir.2011.)

On March 1, 2012, defendant filed the current motion to suppress. (DE # 134.) The government responded a few weeks later (DE # 137), and defendant filed a reply brief. (DE # 139.)

II. FINDINGS OF FACT1

At the September 12, 2012, suppression hearing, DEA Special Agent Hubert Davidson, Gary Police Corporal Mike Smith, and Gary Police officer Doug Geyer all testified. The government also introduced exhibits. Defendant’s counsel cross examined all three law enforcement officers. The court finds testimony of Agent Davidson, Cpl. Smith, and Officer Geyer to be credible.

[759]*759On February 18, 2008, a confidential informant (“Cl”) contacted DEA Special Agent Hubert Davidson and told Agent Davidson that he had set up a deal where the Cl would purchase nine ounces of crack from a supplier. The Cl told agent Davidson that he had been in contact with an individual named Brian (last name unknown). Brian had arranged for an individual named Sid (last name unknown) to deliver the nine ounces of crack to the Cl. The Cl had provided Agent Davidson with information in the past.

The Cl also told Agent Davidson that he had purchased crack from Sid on two prior occasions. He described Sid as a heavyset black male, approximately 34-35 years old, with short hair, and gold teeth. The Cl also told Agent Davidson that Sid liked to drive fancy ears. The Cl had previously seen Sid driving a Dodge Magnum, a 2006 blue Nissan Maxima, a GMC Denali, and also a foreign ear, although the make was unknown to the Cl. Agent Davidson told the Cl to call him the next day so they could arrange the transaction.

On the following day, after getting in contact with the Cl, law enforcement set up preparations for monitoring the exchange. The DEA held a meeting in Gary outlining the operation with law enforcement officers from Michigan City, Merrill-ville, and Gary. The agents hoped to conduct the transaction at the McDonald’s on Grant street in Gary. The agents that were monitoring the transaction were planning on conducting a traffic stop on Sid’s vehicle prior to the transaction. The Cl and agents left the Cl’s vehicle parked in the McDonald’s parking lot and waited at the 80/94 overpass.

The Cl continued to contact Brian at the request of the agents. Brian could not identify the car that Sid was driving that day, but did inform the Cl that Sid was passing Cline Avenue, which is a few exits west of Grant Street. In a subsequent phone call, Brian informed the Cl that Sid was located at the Champs liquor store on Grant street.

After learning about Sid’s current location, the agents and the Cl, who at that point were still located near the 80/94 expressway entrance ramp, started driving toward the McDonald’s parking lot.2 Upon passing Champs, Agent Davidson noticed a silver Nissan Maxima parked at the liquor store. There were only two cars parked at the liquor store at that point: the Maxima, and another car.3 Other units noticed that the Maxima was occupied by a black male. The maxima had backed into the parking space, which Agent Davidson thought was odd for that particular parking lot. After the Cl saw the Maxima, he told agents it was similar to the vehicles that he had seen Sid drive in the past, although he had not ever seen Sid driving this particular car.

At that point, Brian called the Cl again, who told the Cl that Sid was preparing to leave the Champs liquor store. The agents and the Cl, who had driven past Champs, turned around and started heading back toward Champs. Other units observed the Maxima leaving the Champs parking lot.

Cpl. Mike Smith of the Gary Police Department was also part of the investigation. Cpl. Smith was getting updates from the DEA agents from Gary Police Officer Doug Geyer, who had a DEA radio, and was getting updates from DEA agents [760]*760throughout the operation. Cpl. Smith knew that the target of the investigation was possibly parked at the Champs liquor store, and Cpl. Smith observed the Silver Maxima leave the champs parking lot and turn north onto Grant street. Cpl. Smith then observed the Maxima, which was driving in the left lane, make an abrupt lane change to the right lane, causing several cars to swerve to avoid getting into a collision. Cpl. Smith believed the driver of the Maxima had just committed a traffic violation.4 At that point, Cpl. Smith activated his lights and effectuated a traffic stop of the Maxima.5

After stopping the Maxima, Cpl. Smith asked the driver of the vehicle for his driver’s license and registration. Smith also told the driver the reason for the stop, and the driver admitted the traffic violations and tried to justify the maneuver he had just made. The driver produced a license, but could not find his registration. The license revealed that the driver’s name was Sidney Sellers.

Another Gary Police Department officer, Doug Geyer, arrived at the scene and ran a check on defendant’s license. That check revealed that defendant’s license was valid and that he did not have any active warrants. While Officer Geyer ran this check, Agent Davidson slowly drove by the traffic stop with the Cl, and the Cl identified the driver of the Maxima as “Sid.” Cpl. Smith was standing next to Officer Geyer’s vehicle at that point, and heard over the police radio that the Cl had identified the driver as Sid. Defendant was still in his vehicle at that point.

Cpl. Smith returned to the vehicle and asked defendant if he had found his registration. Defendant had not found his registration. Defendant appeared very nervous. Cpl. Smith then asked defendant to step out of his vehicle so they could speak at the rear of the vehicle.

Cpl. Smith asked defendant if he had any weapons on his person. Defendant said that he did not, but that he had a gun in the vehicle, which was located between the driver’s seat and the center console. Defendant also told Smith that he had a gun permit in his wallet. Smith asked to see the permit, and defendant produced an Illinois firearm owner’s identification card. Defendant, however, failed to produce a valid Indiana handgun license.

Officer Geyer then entered the front seat of defendant’s car and retrieved a fully-loaded Glock 9mm semiautomatic handgun.

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Cite This Page — Counsel Stack

Bluebook (online)
897 F. Supp. 2d 754, 2012 WL 4060745, 2012 U.S. Dist. LEXIS 131270, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-sellers-innd-2012.