United States v. Williams

75 F. App'x 480
Court of Appeals for the Sixth Circuit·Decided September 18, 2003·No. No. 02-1663·Published·Cited by 2 cases

Opinion

ORDER

Harold Paul Williams, represented by counsel, appeals from his judgment of conviction and sentence. The parties have expressly waived oral argument, and this panel unanimously agrees that oral argument is not needed. Fed. R.App. P. 34(a).

By way of background, this case arose out of the execution of a search warrant on September 23, 1996, at Williams’s residence located at 2850 Oakman, Detroit Michigan, (search warrant), and the execution of a warrant for Williams’s arrest served at his subsequent residence located at 25550 Catalina, Southfield, Michigan (arrest warrant). The trial court denied Williams’s pre-trial motions to suppress evidence seized during the execution of both warrants.

Subsequently, in 2002, a jury convicted Williams of aiding and abetting the possession of stolen mail in violation of 18 U.S.C. §§ 1708 and 2, aiding and abetting the production of false identification in violation of 18 U.S.C. §§ 1028(a)(1) and 2, and two counts of being a felon in possession of firearms in violation of 18 U.S.C. § 922(g). The district court sentenced Williams to 121 months of imprisonment.

[483]*483In his timely appeal, Williams essentially argues that: 1) the search warrant was not supported by probable cause; 2) the warrantless search of Williams’s Southfield residence and seizure of firearms were unlawful; 3) Williams’s § 922(g) convictions should be vacated because he was not a “convicted felon;” and 4) the trial court violated Williams’s right to a fair trial by improperly instructing the jury.

Upon review, we conclude that the district court properly denied Williams’s pre-trial motion to suppress evidence seized during the execution of the search warrant. A decision on a motion to suppress evidence is reviewed under two separate standards. First, this court will uphold a district court’s factual findings unless they are clearly erroneous. Second, review of the district court’s legal determination as to probable cause is de novo. See United States v. Hill, 195 F.3d 258, 264-65 (6th Cir.1999). Here, the totality of the circumstances supports the finding that the search warrant was supported by probable cause of criminal activity. The affidavit presented in support of the application named two individuals who, earlier that year, had connected Williams to a stolen check organization. The individuals informed agents that Williams was involved in a scheme to steal checks, to purchase electronic equipment and other items with the stolen checks, and to return the items for cash. Postal inspectors corroborated this information by conducting a “trash pull” of Williams’s curb-side garbage. The inspectors discovered a carbon of a stolen check and a receipt for cash for a return of a purchased camera. Moreover, contrary to Williams’s argument, he did not have any reasonable expectation of privacy in his curb-side trash. See California v. Greenwood, 486 U.S. 35, 37, 108 S.Ct. 1625, 100 L.Ed.2d 30 (1988) (the Fourth Amendment does not bar the warrantless search and seizure of trash put out for collection beyond the curtilage of the home). Hence, the district court properly denied Williams’s motion to suppress the seized evidence.

We also conclude that, even if the affidavit had not provided probable cause, the “good faith” exception would apply in this case. For the good faith exception to apply, an officer must have had a reasonable, objective, and good faith belief that the search warrant was valid. United States v. Leon, 468 U.S. 897, 905, 104 S.Ct. 3405, 82 L.Ed.2d 677 (1984). As stated above, a review of the affidavit in this case clearly contains information that would indicate that Williams was in possession of stolen mail and that he was engaged in the production of false identification. The affidavit provided information concerning the identity of the alleged wrongdoer, his place of residence, and the type of criminal activity occurring at the identified location. Clearly the information set forth in the affidavit constitutes more than just a “bare bones” allegation of wrongdoing, and the search warrant issued based on the affidavit would support Postal Inspector Fluck’s belief that evidence of wrongdoing existed on the premises to be searched. See United States v. Williams, 224 F.3d 530, 532-33 (6th Cir.2000).

The district court did not err when it upheld the seizure of firearms and ammunition found during the execution of the search warrant. Inspectors held a preexecution briefing and learned that Williams had prior felony convictions. Later, during the execution of the search warrant, Williams informed the agents that a gun was in his upstairs bedroom closet. Inspectors went to the closet and found and seized a handgun. A total of seven firearms and ammunition were ultimately recovered. All but one of the guns were loaded. The seizure of these items [484]*484was proper because the inspectors knew that Williams and his live-in girlfriend resided in the house, and that both had prior felony convictions. See Horton v. California, 496 U.S. 128, 136, 110 S.Ct. 2301, 110 L.Ed.2d 112 (1990).

We also conclude that the district court properly denied Williams’s motion to suppress evidence of firearms seized during the execution of Williams’s arrest warrant. The inspectors were lawfully present at Williams’s home to execute arrest warrants for him and his girlfriend. See United States v. Wickizer, 633 F.2d 900 (6th Cir.1980). During the execution of the search warrant, the inspectors conducted a security sweep of the residence. During the security sweep, inspectors advised Williams of his Miranda rights and asked if there were any weapons in the house. Williams eventually informed the officers of the presence of two weapons, a handgun in his bedroom closet and another gun in the kitchen cabinet. The inspectors seized the weapons and some ammunition. A postal inspector (Winters) testified that the inspectors conducted a security sweep, but that they did not conduct a “general search” of the residence. Williams impliedly consented to the search for and seizure of these items because he directed the inspectors to the weapons and the ammunition. See United States v. Erwin, 155 F.3d 818 (6th Cir.1998). Hence, the district court properly denied Williams’s motion to suppress this evidence.

The district court properly declined to dismiss the felon in possession of firearms charges.

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United States v. Williams, 75 F. App'x 480 (6th Cir. 2003).

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