United States v. Williams

272 F. App'x 473
Court of Appeals for the Sixth Circuit·Decided April 4, 2008·No. 06-4134·Unpublished·Cited by 6 cases

Opinion

GRIFFIN, Circuit Judge.

Defendant Glenn Williams appeals from his convictions for possession of a controlled substance with intent to distribute, in violation of 21 U.S.C. § 841, and being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1). He argues that the district court erred in denying his motion to suppress evidence obtained during an August 17, 2005, search of his home by a SWAT team of Canton, Ohio, police officers. Specifically, Williams contends that suppression was required because the search warrant was not supported by probable cause, the SWAT team used a no-knock entry without permission by the warrant-issuing magistrate, and because statements he made during his arrest were elicited in violation of Miranda. Finding each of these arguments to lack merit, we affirm Williams’s convictions.

I.

In 2005, Detective James Daniel, assigned to the Canton Police Department’s vice unit and responsible for investigating drug complaints and undercover operations of drug purchases, received “[t]wo or three” complaints of illegal drug activity occurring at 1539 Bryan Avenue in Canton, Ohio. Daniel followed these complaints by speaking with a confidential informant (“Cl”), who told him that the resident of the Bryan Avenue home sold crack cocaine from the house. The Cl provided reliable information to a different detective during prior um-elated investigations.

Daniel began surveillance on Bryan Avenue on July 22, 2005, watching the house on ten separate dates. During this period, Daniel observed “people stopping basically for short times, many short trips to the residence,” which was consistent with his past observations of other houses used to sell crack cocaine. Daniel then used the Cl to conduct three controlled purchases of crack cocaine at the Bryan Avenue house. The informant identified Williams as the seller. A search of Williams’s criminal history revealed that Williams had been convicted of aggravated robbery in 1997 and later charged, though not prosecuted, for felonious assault and discharging a weapon into a home or school.

Based on this information, Daniel requested a search warrant for the Bryan Avenue house. Because of Williams’s criminal history, and because Daniel’s experience had informed him that people who sell crack cocaine often carry firearms and present a danger to police officers, Daniel sought a no-knock warrant. The affidavit stated that Daniel performed surveillance and assisted in the controlled buys from July 22, 2004, until August 16, 2004. The Canton Municipal Court granted Daniel’s request for the warrant.

A SWAT team of Canton police officers executed the search warrant on the Bryan Avenue house on August 17, 2005. The officers did not knock and announce then-presence before entering. They found de *475 fendant Williams asleep on a couch in the front room of the house. After the officers handcuffed Williams and seated him upright on the couch, Detective Ryan Davis noticed Williams reach repeatedly for a ceramic plate that was visible underneath the front of the couch. Because in Davis’s experience such plates are often used for cutting crack cocaine and therefore tend to have razor blades on them, he instructed the police officers to remove Williams from the couch. As they were doing so, Davis asked Williams whether there were any weapons in the house. Williams replied that a weapon was upstairs; a subsequent search of the upstairs revealed Williams’s response to be false. As the officers continued to move Williams away from the couch, Williams then stated that a firearm “was actually underneath the couch.” This turned out to be true.

On September 28, 2005, Williams was charged in a two-count indictment in the United States District Court for the Northern District of Ohio, alleging one count of possessing with the intent to distribute a controlled substance, in violation of 21 U.S.C. § 841(a)(1), and one count of being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g). Williams then filed a pretrial motion to suppress evidence obtained during the August 17 search of his home, contending that the search was not supported by probable cause, that the police improperly failed to knock and announce their presence, and that his statement concerning the location of the gun was taken in violation of Miranda. After the district court denied Williams’s motion, Williams entered into a plea agreement wherein he preserved his right to appeal the court’s denial of his motion to suppress. The district court entered judgment against Williams and sentenced him to a term of 120 months of imprisonment on each count, to be served concurrently. Williams now appeals.

II.

Williams first argues that any evidence obtained as a result of the search of his home should have been suppressed because the search was not supported by probable cause. On review of the sufficiency of the affidavit, the question “ ‘is whether the magistrate had a substantial basis for finding that the affidavit established probable cause to believe that the evidence would be found at the place cited.’” United States v. Greene, 250 F.3d 471, 478 (6th Cir.2001) (quoting United States v. Davidson, 936 F.2d 856, 859 (6th Cir.1991)). “Probable cause exists when there is a ‘fair probability,’ given the totality of the circumstances, that contraband or evidence of a crime will be found in a particular place.” Greene, 250 F.3d at 479 (internal quotation omitted). We give the probable cause determination of the warrant-signing magistrate “great deference,” as its findings “should not be set aside unless arbitrarily exercised.” United States v. Weaver, 99 F.3d 1372, 1376 (6th Cir.1998) (internal quotation omitted). Furthermore, we conduct our review of the magistrate’s determination in a “commonsense, rather than hypertechnical manner,” Greene, 250 F.3d at 479, and judge the sufficiency of the affidavit on the totality of the circumstances, rather than engaging in line-by-line scrutiny. United States v. Woosley, 361 F.3d 924, 926 (6th Cir.2004).

Williams’s probable cause challenge is predicated on the dates listed in the affidavit that identified when Detective Daniel conducted surveillance of Williams’s residence and executed controlled purchase buys through the CL The affidavit stated that the surveillance operations and controlled purchases occurred in July and August of 2004, one year before the execution *476 of the search warrant. Thus, according to Williams, the evidence supporting Daniel’s request for a warrant was stale.

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