United States District Court, E.D. Michigan
OPINION AND ORDER
F. Cox United States District Court Judge.
Gary Hill and Monique Dunbar have filed motions to suppress
the search warrant in this case, challenging the validity of
the underlying affidavit. They also seek a Franks
hearing. Additionally, Defendant Dunbar has filed motions to
dismiss the indictment and for severance of Defendants at
trial. For the reasons below, the Court DENIES
Defendant Hill's Motion to Suppress and Defendant
Dunbar's Motion to Suppress and Motion to
Dismiss. The Court also DENIES Defendant
Dunbar's Motion to Sever WITHOUT PREJUDICE.
Dunbar and Hill have been in a relationship for about three
to five years. Hill would spend the night with Dunbar at her
residence, which is located at 25417 St. James, Southfield,
Michigan, about one time per week and sometimes on weekends.
Hill had a key to the residence and sometimes gave Dunbar
money for rent.
January 29, 2017, FBI Task Force Officer Craig Fitzpatrick
served as affiant for an affidavit in support of an
application for a search warrant for Dunbar's residence.
Fitzpatrick has over 22 years of experience in the
investigation and prosecution of individuals involved in drug
trafficking. The following facts are taken from the warrant
March 2016, the FBI, based on information from a confidential
source, began investigating a narcotics trafficking network
involving Defendant Hill, Larry Stewart, and Leroy Hooker.
Id. at ¶ 7. On November 3, 2016, surveillance
observed Hooker give Stewart a dark colored shopping bag in a
Toledo mall parking lot. After getting the bag, Stewart drove
to Hill's residence in Lathrup Village, Michigan.
Id. at 8. Upon arriving, Stewart took the bag
inside. Id. On November 17, 2016, Stewart again
traveled from Toledo to Hill's Lathrup Village residence
and delivered another bag. Id. at ¶ 11.
December 2, 2016, Hill and Stewart met at Somerset Mall and
went to Hill's Detroit condominium. Id. at
¶ 12. When Stewart left, he loaded an item into his
trunk and traveled to Hooker's location in Toledo.
Id. Stewart removed a bag from his trunk and entered
Hooker's house. Id. Shortly thereafter, Hooker
exited his residence, went to his trunk, and departed.
Id. Law enforcement stopped Hooker and seized a
duffle bag containing six kilograms of suspected cocaine and
a large quantity of suspected heroin from the trunk of the
January 23, 2017, Hill purchased a prepaid cellphone under an
alias with an address not associated with him. Id.
at ¶ 20.
January 27, 2017, Hill arrived at the St. James residence.
Id. at ¶ 22. At 1:27 p.m., Hill exited the
premises carrying a large weighted black garbage bag and
placed it into the trunk of his vehicle. Id. Hill
drove to a Rite Aid parking lot in Royal Oak, where he met
with another individual waiting in a Ford Edge. Id.
Hill exited his vehicle and went and opened his trunk.
Id. He removed “two sandwich sized clear
plastic baggies containing a white substance from a black bag
located inside the truck [sic].” Id. He placed
the bags in his coat pocket and entered the passenger seat of
the Ford Edge. Id. Shortly thereafter, Hill exited
the vehicle carrying a white grocery bag wrapped tightly
around what appeared to be a solid object. Id. Hill
placed this bag in the trunk of his vehicle. Id.
January 28, 2017, Hill was identified by GPS vehicle tracker
at the St. James address. Def. Ex. A., ¶ 26. Hill then
left and drove to a location which law enforcement believed
to be a known meet spot for narcotics transactions.
on the above, the affiant requested a warrant authorizing a
search of the St. James residence. On January 29, 2017,
Magistrate Judge Patti authorized the search warrant. The FBI
executed the warrant the next day and seized a kilogram of
cocaine, scales, and approximately $86, 000.
March 29, 2017 Defendants were indicted on one count of
possession with intent to distribute cocaine, 21 U.S.C.
§ 841(a)(1). Defendant Hill has filed a Motion to
Suppress the Search Warrant (Doc. # 29). Defendant Dunbar has
filed a Motion to Suppress the Warrant, a Motion to Dismiss
the Indictment, and a Motion to Sever (Doc. # 28 and 30). The
Government has responded (Doc. # 31 and 32) and the Court
held a hearing on November 17, 2017.
Whether Defendants are Entitled to a ...