United States v. Washington

266 F. Supp. 2d 781
CourtDistrict Court, S.D. Ohio
DecidedJune 6, 2003
DocketCase No. CR2-03-009
StatusPublished

This text of 266 F. Supp. 2d 781 (United States v. Washington) is published on Counsel Stack Legal Research, covering District Court, S.D. Ohio primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Washington, 266 F. Supp. 2d 781 (S.D. Ohio 2003).

Opinion

266 F.Supp.2d 781 (2003)

UNITED STATES of America,
v.
Dennis WASHINGTON and Ebony Brown.

Case No. CR2-03-009.

United States District Court, S.D. Ohio, Eastern Division.

June 6, 2003.

*782 Kevin W. Kelley, United States Attorney, Columbus, OH, for Plaintiff.

Lou Williams, Lewis E. Williams Co., LPA, Columbus, OB, for Dennis Washington, defendant.

Boyd Binning, Columbus, OH, for Ebony Brown, defendant.

ORDER AND OPINION

MARBLEY, District Judge.

I. Introduction

This matter is before the Court on Defendant Ebony Brown's Motion to Suppress and Defendant Dennis Washington's *783 Motion to Suppress filed February 28, 2003. For the following reasons, Defendants' Motions to Suppress are GRANTED.

II. Facts

On October 11, 2002, officers with the Columbus Division of Police Narcotics Bureau (the "Narcotics Bureau") executed a search warrant at 3112 Crossgate Road, a single family residence in Columbus, Ohio. The search warrant, which was issued on October 9, 2002, authorized the officers to search for certain documents supporting violations of Ohio's drug trafficking laws. The officers entered and secured the house and immediately noticed a package containing what they suspected to be a half kilogram of cocaine. The officers also saw crack cocaine residue on the kitchen counter top, an electric mixer, and a microwave oven.

Based on the evidence of cocaine they found in the house, the narcotics detectives sought a second warrant to search for cocaine, drug paraphernalia, weapons, and other contraband associated with drug trafficking. The second search warrant issued on the afternoon of October 11, 2002, and the officers then conducted a more thorough search of the house at 3112 Crossgate Road.

The first search warrant was supported by a four-page affidavit signed by Detective Michael Johnson of the Narcotics Bureau. The affidavit detailed the investigation that led the Narcotics Bureau detectives to believe that 3112 Crossgate Road was the site of a drug trafficking operation.

Narcotics Bureau detectives conducted two undercover "buys" of crack cocaine from an "unwitting," one who unknowingly provides information to police in an investigation. Detective Johnson arranged the first buy on October 1, 2002. He met with the unwitting who agreed to sell him crack cocaine. The unwitting made a series of phone calls to his supplier and arranged a meeting at Atcheson Street and Champion Avenue.

Detective Johnson drove the unwitting to the designated meeting place where Detective Johnson gave him recorded funds to purchase crack cocaine. Shortly, an African-American man driving a blue Cadillac parked next to Detective Johnson. The unwitting exited Detective Johnson's car and entered the passenger side of the blue Cadillac. Inside, the unwitting and the driver of the blue Cadillac engaged in a conversation and some physical interaction. The unwitting eventually returned to Detective Johnson's vehicle, and the blue Cadillac drove away. The unwitting produced a bag of crack cocaine and weighed a portion for Detective Johnson. Narcotics Bureau officers later conducted a field test on the crack cocaine and determined that it was real. The detectives also recorded the license plate number of the blue Cadillac and determined that the car was registered to Ebony Brown at 3112 Crossgate Road, Columbus, Ohio. Based on this information, detectives began surveillance of 3112 Crossgate Road.

On October 5, 2002, Detective Johnson arranged another buy with the unwitting. When the unwitting telephoned his supplier, the supplier informed him that he would be delayed because he was waiting for a ride to pick up his Cadillac from the repair shop. Shortly thereafter, detectives conducting surveillance of 3112 Crossgate Road saw a blue Chevrolet Blazer arrive at 3112 Crossgate Road and pickup an African-American man wearing a tan hooded jacket and tan pants. Detectives followed the Blazer to Columbus Car Audio at Livingston Avenue and Brice Road, where the man wearing a tan jacket and tan pants entered a blue Cadillac with the *784 same license plate number as the one used in the buy on October 1.

Detectives continued to follow the man driving the blue Cadillac. Meanwhile, the unwitting received a call from his supplier who told him to meet him at the Burger King restaurant on Brice Road south of Livingston Avenue. Shortly thereafter, the blue Cadillac arrived at the Burger King on Brice Road, where Detective Johnson and the unwitting met it. Just like during the first buy, the unwitting accepted money from Detective Johnson, entered the blue Cadillac, had a discussion with the driver, and then returned with crack cocaine. Detective Johnson recognized the driver of the blue Cadillac as the same man who was driving that car during the first buy. Once again, a field test on the crack cocaine yielded a positive result.

Detective Johnson was unable to identify the driver of the blue Cadillac. He later observed the blue Cadillac at 3112 Crossgate Road at 8:30 AM. on both October 8, 2002 and October 9, 2002. In addition to all of these facts, Detective Johnson also swore in his affidavit that based on his experience as a Narcotics Bureau detective, he knows that those involved in drug trafficking commonly keep certain records and documents as well as large sums of money in their residences. Furthermore, Detective Johnson learned that an armed robbery had occurred at 3112 Crossgate Road on August 16, 2002, which indicated to him that the house was the likely site of drug trafficking because such robberies typically target the large sums of money associated with drug trafficking.

III. Analysis

Defendants Ebony Brown and Dennis Washington ask the Court to exclude all evidence discovered during the searches of 3112 Crossgate Road on October 11, 2002. First, Defendants contend that the first search warrant, which issued on October 9, 2002, was invalid because the affidavit supporting the search warrant lacked evidence of probable cause and because the good faith exception to the exclusionary rule does not apply in this case. Second, Defendants maintain that even if the search warrant was valid, the detectives executing the search warrant failed to knock and announce before forcibly entering the house at 3112 Crossgate Road, and even if they did knock and announce, they did not wait a reasonable amount of time before forcibly entering the home. Third, Defendants contend that the information contained in the affidavit supporting the search warrant was too stale. Fourth, Defendants conclude that the second search warrant, which authorized a search for drugs and drug-related paraphernalia, is invalid under the "tainted fruit of the poisonous tree" doctrine.

A. Probable Cause

Defendants contend that the first search warrant, which issued on October 9, 2002, lacked probable cause. They argue that the affidavit supporting the search warrant failed to show a nexus between 3112 Crossgate Road and any criminal activity. Defendants also maintain that the search warrant was based on a "bare bones" affidavit containing merely conclusory statements.

The Fourth Amendment requires that warrants issue only "upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized." U.S. Const, amend. IV. The determination of whether probable cause exists for a particular search requires consideration of "the totality of the circumstances." Illinois v. Gates, 462 U.S.

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442 U.S. 319 (Supreme Court, 1979)
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462 U.S. 213 (Supreme Court, 1983)
United States v. Leon
468 U.S. 897 (Supreme Court, 1984)
United States v. Lendale Hearn and Murray Taylor
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United States v. Thomas James Savoca
739 F.2d 220 (Sixth Circuit, 1984)
United States v. Alfred Martin Baxter, Jr.
889 F.2d 731 (Sixth Circuit, 1990)
United States v. Charles v. Leake
998 F.2d 1359 (Sixth Circuit, 1993)
United States v. Gary Lynn Weaver
99 F.3d 1372 (Sixth Circuit, 1998)
United States v. Donald Ray Scott
260 F.3d 512 (Sixth Circuit, 2001)
United States v. Germaine Helton
314 F.3d 812 (Sixth Circuit, 2003)
United States v. Washington
266 F. Supp. 2d 781 (S.D. Ohio, 2003)

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266 F. Supp. 2d 781, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-washington-ohsd-2003.