United States District Court, E.D. Michigan, Southern Division
STEVEN WHALEN U.S. MAGISTRATE JUDGE
ORDER GRANTING MOTION TO SUPPRESS EVIDENCE
J. Tarnow, Senior United States District Judge
March 7, 2017, Defendant filed a Motion to Suppress Evidence
 seized from a search of 11697 Dwyer Street, Detroit,
Michigan on June 1, 2012, per a search warrant executed by a
DEA Task Force. The Government responded on March 20, 2017
 and Defendant replied on March 24, 2017 . A
hearing was held on the Motion on March 31, 2017. For the
reasons stated below, Defendant's Motion to Suppress
Evidence  is GRANTED and no evidence
seized from the Dwyer residence can be used at trial against
Defendant Anthony Miller.
described in the Affidavit in support of a search warrant of
the Dwyer residence, David Powell (Powell), a Northfield Twp.
Police Officer who later was assigned to a DEA task force,
received information from a confidential source (CS) on March
1, 2012 regarding the drug trafficking activities of Ronald
Miller. The CS is identified in the affidavit as someone the
DEA had used in the past for narcotics investigations, and
who had provided information independently corroborated by
Powell. The CS stated that, in 2005, she/he had distributed
cocaine received from Miller. She/he further indicated that
Miller's girlfriend lived at 5188 Talbot Street, and that
Ronald Miller would visit that residence and sometimes
distribute drugs from there. CS stated that she/he has a
close friend of the Ronald Miller drug trafficking
organization (DTO) who has direct knowledge that the DTO is
still distributing drugs in Detroit, MI area.
on the Talbot house began on May 8, 2012. Powell observed
Ronald Miller exit the residence, open the trunk of a black
Mercedes Benz (later identified as being registered to Ronald
Miller's wife), obtain an unknown object, and reenter the
house. Shortly after that, Powell observed a black Mazda
arrive and park in front of the Talbot house. Ronald Miller
exited the house, met with the person in the black Mazda
(later identified as Joe Moore), and then entered the Talbot
house with Moore.
nine minutes later, Moore left the house and entered the car.
After approximately seven minutes, he exited his car and
re-entered the house. About nine minutes later, he left the
house and drove away. Surveillance of the car was attempted,
but Moore used anti-surveillance driving tactics, which
resulted in the termination of the attempted surveillance.
about 4:32pm, Ronald Miller and Anthony Miller exited the
house and entered a car registered to Anthony Miller that
revealed a registered address of 11697 Dwyer St. Surveillance
followed Anthony and Ronald to 5617 Casmere Street, where
Ronald exited the car and entered the residence. According to
the CS, there is a stash house situated on Casmere Street.
Anthony then drove to 11697 Dwyer St and entered the house.
Based upon these facts, Powell, the affiant, stated in the
search warrant application that he believed a narcotics
transaction had occurred between Ronald Miller and Moore.
1, 2012, surveillance was established at the Anthony Miller
residence on 11697 Dwyer St. On that day, at around 10:30am,
Powell observed Anthony Miller meet with an unknown African
American male subject who arrived in a passenger vehicle.
After speaking with Miller at the parked car for a short
period of time, the unknown driver departed, and Anthony
re-entered the house.
about 11:05am, Powell observed a car arrive at the Dwyer
residence. An unknown black man exited the car and entered
the front door of the Dwyer house. About four minutes after
entering the residence, the unknown man exited the residence
and departed the area in the car. At approximately 11:10am,
Powell observed a black Dodge Challenger drive past the Dwyer
residence twice without stopping. The license plate on the
car was not registered to the Challenger.
about 11:12am, a blue colored car stopped close to the Dwyer
house, and Powell observed Ronald Miller exit the car and go
to the home's porch. Next, the black Challenger arrived
and parked in front of the Dwyer home. The passenger of the
Challenger, later identified as Samuel Booker, met with
Ronald Miller on the porch. Booker and Ronald Miller
subsequently entered the Dwyer house.
about 11:20am, Powell observed Booker exit the house and get
back into the Challenger. At about 11:25am, Michigan State
Police Trooper Liss conducted a traffic stop of the
Challenger for improper license plates. Booker ran from the
car and, after a brief pursuit, was taken into custody.
Booker stated that he was on probation. He was subsequently
handcuffed and searched, but the officers did not find any
contraband in his possession. The trooper tracked the route
Booker had taken upon his exit from the car and found what he
believed to be cocaine about 50 feet from where he had exited
the car. During their interviews, both the driver and Booker
denied going to the Dwyer St. residence as well as any
knowledge of the cocaine.
on the above information contained in the warrant
application, on June 1, 2012, Powell applied for a search
warrant to search the Dwyer St. residence. The warrant
application was approved by a 19th District Court Judge and
the search was executed on the same day, yielding evidence of
guns, crack cocaine, a scale with ...