United States District Court, E.D. Michigan, Southern Division
ORDER DENYING DEFENDANT'S MOTION TO SUPPRESS
EVIDENCE [ECF NO. 23]
VICTORIA A. ROBERTS, UNITED STATES DISTRICT JUDGE
case stems from the execution of a search warrant on *****
Asbury Park in Detroit, Michigan, as part of an investigation
into the purchase and possession of unregistered firearms
from December 2018-March 2019.
Bryant (“Bryant”) is charged in a one-count
indictment with receipt and possession of an unregistered
firearm, in violation of 18 U.S.C. § 5861(d).
the Court is Bryant's Motion to Suppress Evidence Based
on an invalid search warrant. The Court
DENIES Bryant's motion.
The Investigation, Affidavit for Search Warrant, and Search
Warrant The affidavit for search warrant details the
began when the ATF Investigations Center initiated an
international firearms investigation pertaining to the
website CBTFORCE.COM in early November 2018. The
investigation involved the alleged sale, illegal importation,
and trafficking of Glock conversion firearms (classified as
machine guns) to the general public without the necessary ATF
authorization or background checks.
website advertised a “Glock Auto Switch” with a
push button select-fire version of a Glock conversion
firearm. This allows the shooter to choose between a
semi-automatic and fully-automatic fire. The “contact
us” page listed an email address
(firstname.lastname@example.org) and ensured users that
“information is kept 100% protected and private.”
The website shipped products worldwide. Its domain name is
registered to an address in Shenzhen, Guangdon, China.
November 2018, undercover ATF agents purchased two suspected
Glock conversion firearms from the website. ATF paid for the
weapons through Paypal to an account name JIGNWEIYIDA. The
email address associated with this account is
email@example.com. The weapons arrived in January
February 2019, the ATF Firearm Technology Criminal Branch
(FTCB) processed four suspected Glock conversion weapons
ordered from the website. The FTCB concluded that these
weapons - with the conversion kits installed - were a
combination of parts designed and intended to be solely and
exclusively used for converting a weapon into a machine gun.
Further, these weapons had no serial numbers and were not
manufactured by Glock.
FTCB sought assistance from the U.S. Customs and Border
Protection (CBP) to identify possible shipments of Glock
conversion weapons that might have been shipped into the
United States. CBP identified a common shipper.
March 2019, ATF obtained a search warrant for PayPal
Holdings, Inc. The warrant sought records associated with the
website's email address. The records obtained showed
shipments to an estimated 2, 400 customers living in the
records indicated that Carnord Craig Gordon
(“Gordon”) purchased a minimum of five Glock
conversion weapons from the website and shipped the items to
***** Asbury Park using an email bearing Gordon's name.
separate occasions, Gordon made purchases through his email
account. He used the same PayPal account, and shipped to the
same Asbury Park address. Purchases on three separate dates
where traced to Gordon: (1) December 19, 2018, one Glock
conversion weapon; (2) January 25, 2019, two Glock conversion
weapons, skull balaclava, and a camouflage mask; (3) March 4,
2019, two Glock conversion weapons.
2019, Homeland Security Investigations (HSI) interviewed
Gordon. He denied having any knowledge of the Glock
conversion kits and claimed to not own a firearm. HSI offered
Gordon the opportunity to return the purchased items.
However, Gordon again denied having the firearms and PayPal
Special Agent Joseph Loy began surveilling the Asbury Park
residence. Based upon his training and experience, Loy
observed an individual - whom he believed to be Gordon -
holding a handgun. Later that day, this individual left the
residence with what appeared to be a long gun.
2019, Agent Loy observed Gordon and another person outside
the Asbury Park residence. Although Loy could not identify
the person, he later identified the man as Bryant through his
Facebook (NoBighomie) and Instagram (nobighomie) accounts.
Bryant freely left and entered the Asbury Park residence
throughout the day. He posted photos showing an individual
firing a fully automatic Glock in the backyard, a video of
himself holding a firearm with what appeared to be a silencer
attached, and a photo of Gordon and himself with Glock
handguns with Glock conversion kits attached.
prepared the affidavit for search warrant; he believed a
search of Asbury Park residence would yield illegal weapons.
When Loy signed the affidavit, he had years of experience
investigating various criminal cases; he summarized his
knowledge of weapons operations, gained through experience
and training, in the affidavit.
Magistrate Judge in the Eastern District of Michigan signed
the underlying search warrant on June 5, 2019, finding that
probable cause existed for the search of ***** Asbury Park
based on the affidavit for search warrant.
The Search and ...