United States v. Timothy Dequasie

373 F.3d 509, 2004 U.S. App. LEXIS 13625, 2004 WL 1470591
CourtCourt of Appeals for the Fourth Circuit
DecidedJuly 1, 2004
Docket03-4280
StatusPublished
Cited by71 cases

This text of 373 F.3d 509 (United States v. Timothy Dequasie) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth 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. Timothy Dequasie, 373 F.3d 509, 2004 U.S. App. LEXIS 13625, 2004 WL 1470591 (4th Cir. 2004).

Opinions

[512]*512Reversed and remanded by published opinion. Judge SHEDD wrote the majority opinion, in which Judge WILLIAMS Joined. Judge DIANA GRIBBON MOTZ wrote a dissenting opinion.

OPINION

SHEDD, Circuit Judge:

During the late evening and early morning hours of March 18-19, 2002, law enforcement officers executed two search warrants at the Summerlee, West Virginia, residence of Timothy DeQuasie. The purpose of the first search was to attempt to locate two women, one of whom was reportedly missing and being held against her will by DeQuasie in the residence. While law enforcement officers were executing the first search warrant, they observed evidence of apparent drug activity at DeQuasie’s residence, and they therefore obtained a second warrant to search the residence for drugs and drug-related materials. During the second search the officers seized (among other things) a firearm and ammunition.

A federal grand jury subsequently indicted DeQuasie under 18 U.S.C. §§ 922(g)(3) and (g)(9) for illegal firearm possession by an unlawful user of a controlled substance and by a person who has been convicted of a misdemeanor crime of domestic violence. Before trial, DeQuasie moved to suppress the firearm and ammunition on the ground that those items were seized from his residence in violation of the Fourth Amendment. The district court agreed and granted the suppression motion, United States v. Dequasie, 244 F.Supp.2d 651 (S.D.W.Va.2003), and the United States now appeals. Because we find that the good-faith exception to the exclusionary rule set forth in United States v. Leon, 468 U.S. 897, 104 S.Ct. 3405, 82 L.Ed.2d 677 (1984), makes the evidence admissible, we reverse the suppression order and remand for further proceedings.

I

At approximately 5:30 p.m. on March 18, 2002, Shawn Bandy (“Shawn”) telephoned Detective-Corporal J.L. Brown of the Fay-ette County, West Virginia, Sheriffs Office and reported that his wife, Lora Bandy (“Lora”), had been missing for several days.1 Shawn further reported that he had been told by his sister-in-law, Tiffany Mason (“Tiffany”), that Lora was being held against her will at DeQuasie’s residence, that when Lora would attempt to leave the residence DeQuasie would give her crack cocaine, and that the effect of the crack cocaine was to “induce a stupor from which [Lora] was unable to stay in her right mind.” (J.A. 16).

Detective-Corporal Brown relayed this information to his supervisor, Detective-Corporal J.K Sizemore. Deputy M.A. Webb was then sent to meet with Shawn and complete a missing person report. Deputy Webb met with, and obtained statements from, Shawn and Shawn’s mother-in-law, Cynthia Mason (“Cynthia”), and he completed a missing person report. Shawn and Cynthia told Deputy Webb that Lora and Tiffany had willingly gone to DeQuasie’s residence, but DeQuasie was then holding Lora there against her will by using drugs to keep her in a stupor, the effect of which was to prevent her from leaving the residence. Shawn and Cynthia also told Deputy Webb that DeQuasie had threatened to kill any family members who attempted to get Lora from the residence and that Tiffany had seen a large quantity [513]*513of drugs and weapons, as well as several scanners, inside the residence.

Other than the fact that Lora was missing, it appears that all of the information that Shawn and Cynthia reported was based on what Tiffany had told them. Although it is not apparent from the record, the district court assumed that Tiffany told them this information over the telephone, see 244 F.Supp.2d at 652, and the parties do not contend otherwise. The officers did not speak with Tiffany.2

Sometime during the evening Detective-Corporal Brown drove to DeQuasie’s residence to obtain a description of the residence for purposes of a search warrant. While there, Detective-Corporal Brown observed several unidentified people inside the residence, but he did not approach the residence.

Based on this information, Detective-Corporal Sizemore applied to a magistrate for a warrant to search DeQuasie’s residence for Lora and Tiffany.3 In his sworn affidavit and application for the 'warrant, Detective-Corporal Sizemore detailed (among other things) his experience and training in law enforcement, the'information reported to Detective-Corporal Brown and Deputy Webb by Shawn and Cynthia, and Detective-Corporal Brown’s observation of DeQuasie’s residence. Detective-Corporal Sizemore stated that he believed that Lora and Tiffany were present at DeQuasie’s residence, that Lora (but not Tiffany) was being held there against her will, and that “[g]iven the severity of this situation it appears likely that [Lora’s] life may be in jeopardy if she continues to stay at this residence.” (J.A. 16-17). Although Detective-Corporal Sizemore had information about drugs being present and used in DeQuasie’s residence, he did not seek a warrant to search for drug-related evidence.4

The magistrate issued a warrant for the purpose of searching DeQuasie’s residence for Lora and Tiffany. At 10:30 p.m., Detective-Corporal Sizemore and a team of law enforcement officers executed the search warrant and found Lora and Tiffany, who were unharmed, at DeQuasie’s residence.5 During this search, Detective-Corporal Sizemore smelled the “strong odor of marijuana coming from inside” the residence, and he observed “at the door” of the residence “a small quantity of green vegetation which appeared to be marijuana.” (J.A. 22). In addition, other officers who had patted down DeQuasie discovered two cell phones- on him. Based on his 'observations and the discovery of the two cell phones (which he associated with possible drug activity), Detective-Corporal Sizemore left officers at DeQuasie’s residence and returned to the magistrate’s [514]*514office and applied for a second warrant to search the residence for evidence of illegal drug activity.

In his sworn affidavit and application for this warrant, Detective-Corporal Sizemore detailed (among other things) his law enforcement experience and training (including his training and knowledge of illegal drug activities) and his observations of apparent illegal drug activity during the execution of the first search warrant. Detective-Corporal Sizemore also referred to statements made by Shawn and Cynthia to Deputy Webb that Tiffany had told them that “DeQuasie had approximately $20,000.00 in cash at his residence as well as a large quantity of drugs including crack cocaine earlier in the day.” (J.A. 22). Detective-Corporal Sizemore noted that while this information could not be “judged as to reliability,” it, combined with his observations at DeQuasie’s residence, tended to confirm that DeQuasie probably had in his possession a controlled substance. (J.A. 22).

The magistrate issued the second warrant for the purpose of searching DeQua-sie’s residence for controlled substances, materials used to facilitate the use and sale of controlled substances, records pertaining to the sale of controlled substances, cash and financial information, and weapons. At 12:05 a.m., Detective-Corporal Sizemore executed the second warrant. At the beginning of this search, DeQuasie was advised of his Miranda rights, and he agreed to answer questions.

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Cite This Page — Counsel Stack

Bluebook (online)
373 F.3d 509, 2004 U.S. App. LEXIS 13625, 2004 WL 1470591, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-timothy-dequasie-ca4-2004.