United States v. Smith

90 F. App'x 120
Court of Appeals for the Sixth Circuit·Decided February 24, 2004·No. No. 02-6260·Published·Cited by 1 cases

Opinion

ROGERS, Circuit Judge.

Acting on a tip, police officers went to the residence of the defendant, Leslie Allen Smith, to search for stolen guns. Smith’s then-wife permitted the officers to enter the house, where they found Smith and 11 guns. After the district court denied Smith’s motion to suppress the guns, which were seized from his house, a jury convicted Smith of possession of firearms by a convicted felon with three previous convictions for violent felony offenses, in violation of 18 U.S.C. §§ 922(g)(1) and 924(e)(1). On appeal, Smith argues that the district court erred (1) by refusing to compel the Government to disclose the identity of the informant whose information led to the search of his house, and (2) by denying his motion to suppress the weapons seized from his house on the ground that the weapons were the fruit of an illegal search. Because the trial court did not commit plain error by failing to order the Government to disclose the identity of the informant for purposes of trial, and because Smith’s then-wife consented to the search of his residence, we affirm the judgment of the district court.

BACKGROUND

On August 28, 2001, Captain Robert Huber of the Franklin Police Department re[122]*122ceived an anonymous tip on the answering machine for the Crime Stoppers hotline. The caller stated that a person by the name of Leslie Allen Smith was living at 410 Railroad Street, that Smith was wanted in Indiana, that Smith had killed an Indiana State Police Trooper about 20 years ago, that Smith was in possession of 13 stolen guns, and that the guns would be gone if the police “did not act quickly.” The caller also claimed that Smith “vowed not to be taken alive if [the police] did decide to go to the house and get him.”

Later that day, the caller left a second message on the answering machine relaying the same information. Soon thereafter, the caller telephoned the Franklin Police Department directly and requested to speak to Huber. At the caller’s request, Huber agreed to meet the caller at the police department.

At the meeting, Huber immediately recognized the caller as someone he had known “for quite awhile.” The caller reemphasized the information provided earlier, and he stated that Smith worked at Cracker Barrel and that “the guns would be transferred to Russellville, Kentucky and be put on the street” if the police did not act quickly. In addition, he described Smith’s residence, and he claimed that Smith lived there with a woman and that there was a black Jeep in the driveway. He also inquired about any monetary reward for his information.

After the meeting, Huber drove by the 410 North Railroad Street location to confirm the caller’s information. The house at the address matched the caller’s description, and there was a black Jeep in the driveway. Huber “ran” the license plate number on the Jeep and learned that the vehicle was registered to a woman named Rhonda Leet. Huber did not run a criminal records search on Smith or contact police officials in Indiana to determine whether Smith was wanted by the Indiana police.

Huber then met with members of the Franklin Police Department and the Simpson County Sheriffs Department to discuss the information. The officers decided to conduct a “knock and talk” rather than seeking a search warrant, reasoning that it would take at least an hour to obtain a warrant and that, based on the caller’s information, which Huber believed was reliable, they needed to “act more quickly.”

Huber, Jamie Powell, Chief of the Franklin Police Department, and Deputy Gene Starks, an officer -with the Simpson County Sheriffs Department, approached the 410 North Railroad Street residence. Huber and Starks were in street clothes, but Powell was in uniform. Other officers took up positions around the house. Huber and Powell stepped up on the porch and knocked on the door. Rhonda Leet, Smith’s wife at the time, answered the door. Huber advised Leet of the officers’ identity, and he told her that the police were searching for a “John Leslie Smith.” 1 Leet denied knowing Smith.

Huber then motioned for Starks to come to the door, and the officers began to question Leet about the presence of stolen guns at the house. Huber warned her that “if these guns are in this house and they do get distributed out among someone in the street ... it could be dangerous for other people.” The officers then asked whether they could “come in” and look around. Leet responded affirmatively and [123]*123opened the door for them.2 As the officers entered the house, Starks again asked whether Smith was present, and Leet responded affirmatively by nodding her head toward the back of the house.

As he entered the living room, Sparks noticed that a door in the back of the house was slightly ajar, and he observed “movement behind the door which appeared to be someone looking through the crack in the door.” Sparks instructed whoever was behind the door to come out, and Smith emerged from the room. As Smith exited the room, Starks saw “what appeared to be long guns leaning against a back wall.” Starks went into the back room where he discovered 11 “long guns” leaning against the back wall. Huber obtained identification from Smith and ran a “criminal history” on Smith, which revealed an outstanding warrant for Smith’s arrest from Indiana. After receiving this information, the officers placed Smith under arrest and seized the guns. Later, at the police station, Leet signed a consent form relating to the search.

On November 7, 2001, a grand jury returned a one-count indictment charging Smith with knowingly being in possession of firearms that were in and affecting commerce while being a convicted felon in violation of 18 U.S.C. §§ 922(g)(1) and 924(e)(1). Smith moved to suppress the long guns found at his residence on the grounds that the search of the residence and the seizure of the guns violated the Fourth Amendment. The district court denied the motion, reasoning that Leet had consented to the search of the residence and that the weapons were “in plain view” when Smith exited the back room.

A jury convicted Smith, and, on September 30, 2002, the district court entered a judgment of conviction. On October 9, 2002, Smith filed a timely notice of appeal.

ANALYSIS

1. Disclosure of the Informant’s Identity

There is, first, no merit to Smith’s argument that the district court violated “the fundamental requirements of fairness” by failing to order the Government to disclose the identity of the caller whose information led to the search of Smith’s house. Smith contends that the caller’s identity was relevant and material to his defense-which was that someone else placed the weapons in his residence-as the caller either must have been the person who planted the weapons or must have known the identity of the person who planted the weapons.

Smith, however, failed to raise this argument in the district court. Smith did request the informant’s identity in connection with his motion to suppress; however, he never requested the informant’s identity for use at trial.

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

United States v. Smith, 90 F. App'x 120 (6th Cir. 2004).

90 F. App'x 120 (United States v. Smith) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

United States v. Dimora
836 F. Supp. 2d 534 (N.D. Ohio, 2011)