Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

United States v. Rich

United States District Court, E.D. Michigan, Southern Division

October 20, 2017

United States of America, Plaintiff,
v.
Dupree Rich, Defendant.

          OPINION & ORDER DENYING DEFENDANT'S MOTION TO SUPPRESS EVIDENCE

          SEAN F. COX, UNITED STATES DISTRICT COURT JUDGE

         Defendant Dupree Rich is charged with drug and firearm offenses, that stemmed from the execution of a search warrant at his home in Clinton Township, Michigan. The matter is currently before the Court on Rich's Motion to Suppress Evidence Obtained As A Result of Search Warrant. The parties have briefed the issues and the Court held an evidentiary hearing, and heard oral argument, on August 24, 2017. Thereafter, the parties filed supplemental briefs. For the reasons set forth below, the Court shall DENY Defendant's Motion to Suppress.

         BACKGROUND

         The two-count Indictment in this criminal action charges Defendant Rich with: 1) possession with intent to distribute cocaine, in violation of 21 U.S.C. § 841(a)(1) (Count One); and 2) being a felon in possession of firearm, in violation of 18 U.S.C. § 922(g) (Count Two).

         On May 15, 2017, Rich filed a “Motion to Suppress Evidence Obtained As A Result Of Search Warrant” (D.E. No. 18), which raises the following arguments: 1) the affidavit for search warrant is void of probable cause to search Rich's home, based on the four corners of the search warrant affidavit and based upon alleged material omissions by the officer who submitted the search warrant affidavit; 2) the police cannot rely on the warrant in good faith; and 3) obtaining the warrant from a state district judge violated Fed. R. Crim. P. 41 and requires suppression. (Id. at Pg ID 48).

         The Government contends that probable cause existed within the four corners of the search warrant affidavit and that the officer did not omit any material information. The Government also contends that the evidence should not be suppressed in any event under the Leon good-faith exception and that suppression is not warranted under Fed. R. Crim. P. 41.

         With the issues so framed by the parties, this Court set Rich's Motion to Suppress for hearing.

         The Government argued, in its response and at oral argument, that Rich is not entitled to a Franks hearing because he has not made the “substantial preliminary showing of deliberate falsehood or of reckless disregard for the truth” required under Franks v. Delaware, 438 U.S. 154 (1978).

         The preliminary showing here consisted of the arguments contained in Rich's Motion to Suppress, and his assertions about facts known by the officers but omitted from the search warrant affidavit. Out of an abundance of caution, however, and because Rich's motion raised additional challenges, such as his challenge under Fed. R. Crim. P. 41(b), this Court permitted Defendant to proceed with an evidentiary hearing on August 24, 2017.

         The Government called one witness at the evidentiary hearing, Sergeant Jason Kment. Defense Counsel cross-examined Sergeant Kment and did not call any other witnesses. There was just one exhibit submitted into evidence at the evidentiary hearing - the search warrant affidavit. (D.E. No. 18-1).

         FINDINGS OF FACT AND CONCLUSIONS OF LAW

         Having heard and observed the witnesses who testified at the evidentiary hearing, allowing for this Court to assess credibility, having considered the arguments presented by counsel, and having applied the governing legal principles, the Court makes the following findings of fact and conclusions of law.

         FINDINGS OF FACT

         Sergeant Jason Kment has been employed by the Southgate Police Department in Southgate, Michigan since June of 2003.

         In February of 2016, Kment was working as a Southgate police officer on detail to the federal Drug Enforcement Administration. He began that role as a task force officer in March of 2010. While working as a task force officer, the drug cases he investigates can go either state or federal.

         In February of 2016, a confidential informant, who had reliably provided true information in the past (the “CI”), provided information relating to cocaine trafficking by a man named John Yalda. Several other officers, in addition to Kment, were involved in that investigation.

         Other agents on the task force met with that CI for the purpose of making a controlled buy of cocaine from Yalda.

         On February 22, 2016, the CI arranged to make a purchase of cocaine from Yalda. Shortly before the transaction, officers observed Yalda leave the area of the Floyd Street Residence in Clinton Township, Michigan and drive to a Party King food store in Clinton Township, Michigan. Once he arrived there, Yalda met with the CI in the parking lot and exchanged $2, 600.00 for two ounces of cocaine, inside the CI's vehicle.

         After that purchase, Yalda went into the store for a few minutes and then left the area, driving directly to the Floyd Street Residence. Yalda remained inside the Floyd Street Residence for less than ten minutes and then left the area.

         Later that night, Yalda drove to a home on Clancy Street. While Yalda was there, he had a monitored call with the CI wherein the CI was attempting to purchase more cocaine. Yalda told the CI it was tough to find right now, but that he may be able to find another half ounce or so. Yalda said he would work on it and try to find some cocaine for the CI. But Yalda did not leave the home on Clancy Street for the remainder of that night, and no additional cocaine was sold to the CI the night of February 22, 2016.

         On February 29, 2016, the CI purchased additional cocaine from Yalda, during a second controlled buy. Yalda and the CI met in a parking lot near the Party King food store, and agreed that the CI could purchase one ounce of cocaine for the price of $1, 300.00. The CI then left the location, and so did Yalda. Yalda drove to the Floyd Street Residence. Approximately one minute later, the officers identified Rich as the driver of a black Cadillac Escalade that arrived at the Floyd Street Residence. Yalda and Rich were observed going inside the Floyd Street Residence together. Yalda exited the house a few minutes later. Rich then exited the home as well, and both men left the area in separate vehicles. Yalda was followed and he returned to the area of the Party King store parking lot. Yalda went into a Metro PCS store in the same commercial complex. The CI then arrived in the parking lot and called Yalda. Yalda and the CI were in the Metro PCS store for together briefly, and then both men went to the CI's vehicle. While in the CI's vehicle, Yalda sold the CI one ounce of cocaine for $1, 300.00. After the purchase, Yalda went back into the Metro PCS store for less than an hour, and also went into the Party King Store.

         After those two controlled buys from Yalda, Kment learned that Rich has an extensive criminal history, including felony drug convictions for delivery of cocaine. Another officer on the task force obtained records from DTE Energy that showed that the electricity account for the Floyd Street Residence is in Rich's name.

         Kment then prepared an affidavit for a search warrant. On February 29, 2016, Kment prepared an affidavit under oath in support of a search warrant for evidence related to controlled substances at the Floyd Street Residence in Clinton Township, Michigan. That affidavit was submitted to the Honorable James Kandrevas, a state district court judge in Southgate, Michigan, who issued the requested warrant. In relevant part, Kment's search warrant affidavit stated:

1. Affiant is a Police Officer with the Southgate Police Department and has been employed for over 12 years. Affiant has been a law enforcement officer for over sixteen years and is currently assigned as a Task Force Officer (TFO) with the Drug Enforcement Administration (DEA) for the past five years and eleven months. Affiant's primary duties include the initiation and investigation of narcotic related complaints. Through experience and training, Affiant is familiar with the unlawful use, production, and distribution of dangerous drugs.
. . . .
INVESTIGATIVE BACKGROUND
1. This affidavit contains information from one confidential source (hereinafter referred to as DEA1). The DEA1 has provided information in prior investigations that have been verified through other sources to be reliable, true and accurate.
2. To date, DEA1 had provided information in prior investigations that has been verified through other sources to be reliable, true, and accurate. DEA1 has provided information that has led to the arrest of drug traffickers and the ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.