U.S. v. Beckford

• Decision Date: 28 March 1997
• Docket Number: Criminal No. 3:96CR66-01.
• Court: U.S. District Court — Eastern District of Virginia
• Parties: UNITED STATES of America v. Dean Anthony BECKFORD.

962 F.Supp. 767

UNITED STATES of America v. Dean Anthony BECKFORD.

Criminal No. 3:96CR66-01.

United States District Court, E.D. Virginia, Richmond Division.

March 28, 1997.

David Novak, Stephen Miller, Andrew McBridge, Asst. U.S. Attys., Richmond, VA, for Government.

Gerald T. Zerkin, Robert J. Wagner, Richmond, VA, for Beckford.

MEMORANDUM OPINION

PAYNE, District Judge.

Dean Beckford has been indicted for his alleged leadership role in the so-called "Poison Clan" drug trafficking organization. Specifically, Beckford is charged in the Superseding Indictment with racketeering violations (Count 1); racketeering conspiracy (Count 2); conspiracy to distribute "crack" and powder cocaine (Count 3); participation in a Continuing Criminal Enterprise (Count 4); and two counts of murder in furtherance of a Continuing Criminal Enterprise (Counts 5 and 6). The Government has filed Notice of Intent to Seek Sentence of Death, pursuant to 21 U.S.C. § 848(h)(1)(A), for Beckford's alleged involvement in the two murders charged in Counts Five and Six.

Beckford¹ seeks to suppress evidence seized pursuant to a search warrant which was issued by a state court and executed by local police on October 11, 1989 at a drug "stash" house at 2222 West Grace Street in Richmond, Virginia. Beckford alleges that the search was violative of the Fourth Amendment because the executing officers failed to "knock and announce" their presence before entering the residence.

For the reasons set forth below, the motion to suppress is denied.

BACKGROUND

Count 6 of the Superseding Indictment charges Beckford, along with co-defendant Claude Dennis, with the murder of Sherman Ambrose in furtherance of a Continuing Criminal Enterprise. The aftermath of the Ambrose murder spawned state criminal proceedings which form the factual backdrop for this motion.

On December 4, 1988, Ambrose, one of the alleged drug dealers for the Poison Clan, was murdered at 1514 Tifton Court in Richmond, Virginia. Shortly thereafter, a warrant was issued for the Beckford's arrest for the Ambrose murder on December 9, 1988 by a magistrate judge of the General District Court for the City of Richmond. After that warrant was issued, Beckford and others were indicted by a state grand jury for Malicious Wounding, Use of a Firearm in the Commission of a Felony, and Distribution of Cocaine. The Malicious Wounding charge related to Beckford's alleged shooting of Tracy Lavache, a fellow member of the Poison Clan.²

Upon further investigation of the Ambrose murder and other crimes allegedly committed by members of the Poison Clan, Richmond Police learned that 2222 West Grace Street in Richmond, Virginia was used as a drug "stash" house by Beckford and others in the Poison Clan organization. On October 10, 1989, Richmond Police Detective John Buckovich procured a search warrant for 2222 West Grace Street. The search warrant was to secure evidence such as weapons, cocaine, and drug paraphernalia pertaining to the commission of the following offenses: Illegal Possession of Cocaine with the Intent to Distribute; Murder; Use of a Firearm in the Commission of a Felony; and Malicious Wounding.

Detective Buckovich offered the following averment of probable cause in the affidavit which was presented in support of the requested search warrant:

Within the last past 30 days the RICHMOND BUREAU OF POLICE has been conducting an investigation and surveillance of drug distribution, homicide, and aggravated assaults which have originated in and about the 1800 blk of Rose Ave and 2222 West Grace Street, 1st Floor. During this time numerous undercover buys have been made from the following subjects: B/M aka "Country", B/M aka "James", B/M aka "Boogie". All of these subjects are known to stay at 2222 W. Grace, 1st Floor.

During the course of the investigation it was discovered through a reliable informant that the bulk of the drugs sold by the above listed subjects is being stored at 2222 W. Grace, 1st Floor. Within the last past 4 days this reliable informant has been at 2222 W.Grace, 1st Floor, and has seen cocaine at that address. The reliable informant stated that within the past 6 months there has never been an occasion when the informant was at 2222 W. Grace Street, 1st Floor, that there has not been drugs at the house.

The informant stated that there are subjects who stay at 2222 W.Grace, other than those listed, and that all the subjects there are well armed with firearms and known to have been involved in numerous shootings. They have bragged repeatedly that they will not hesitate to shoot anyone.

The informant has used cocaine in the past and is familiar with its appearance for street distribution.

Dean Beckford, Country, and James have been indicted by the Richmond Grand Jury for Malicious Wounding, Use of a Firearm in the Commission of a Felony, and Distribution of Cocaine.

The reliable informant stated that the firearms used in the shootings by these subjects are thought to still be in the possession of them.

This informant has given information which has been proven truthful through independent police investigation.

Search Warrant, Section 4.³ The search warrant was then issued on October 10, 1989 at 3:37 P.M.

Because of the extensive violence and the history of firearms possession and use associated with the Poison Clan drug trafficking organization, the Richmond SWAT unit was placed in charge of executing the search warrant on October 11, 1989. In preparation for the execution of the search warrant, the SWAT unit drafted an operations plan referred to as "Operation Early Riser." The text of that plan repeatedly refers to firearms and violence associated with members of the organization.

In the early morning hours of October 11, 1989, the SWAT unit executed the search warrant at 2222 West Grace Street. Immediately before execution of the warrant, the SWAT unit evacuated the neighboring houses on each side of the target residence because they feared an armed confrontation with the occupants of the apartment. Anticipating potential resistance to the execution of the warrant, the SWAT unit forcibly entered 2222 West Grace Street without knocking or announcing their identity. Inside, they found Beckford, who was asleep on the couch in his underwear. The SWAT unit arrested Beckford⁴ and another of his co-conspirators, Heston Benjamin. The first-floor apartment at 2222 West Grace Street, which was the object of the search, was rented by Mervin Benjamin, the brother of Heston Benjamin and a co-defendant of Beckford in this case. The search of the apartment produced two firearms, narcotics, money and various drug paraphernalia.

DISCUSSION

A. Standing to Challenge Search Under the Fourth Amendment.

The first-floor apartment at 2222 West Grace Street was rented by Beckford's co-defendant Mervin Benjamin. Allegedly, the Poison Clan, under the direction of Beckford, used the apartment to distribute and store "crack" cocaine. The Government asserts that Beckford lacks standing to challenge the search because Beckford's only connection to this residence "stems from his leadership role in the Poison Clan and his own role in distributing `crack' cocaine from this location." Government's Response in Opposition to Defendant's Motion to Suppress at 6.

1. The Legal Standard Governing Fourth Amendment Standing.

The predicate to a Fourth Amendment challenge to a search is a showing of standing. Rawlings v. Kentucky, 448 U.S. 98, 104-06, 100 S.Ct. 2556, 2561-62, 65 L.Ed.2d 633 (1980); United States v. Rusher, 966 F.2d 868, 874 (4th Cir.), cert. denied, 506 U.S. 926, 113 S.Ct. 351, 121 L.Ed.2d 266 (1992). Since the landmark decision in Katz v. United States, 389 U.S. 347, 88 S.Ct. 507, 19 L.Ed.2d 576 (1967), it has been settled that "capacity to claim the protection of the Fourth Amendment depends ... upon whether the person who claims the protection of the Amendment has a legitimate expectation of privacy in the invaded place." Rakas v. Illinois, 439 U.S. 128, 143, 99 S.Ct. 421, 430, 58 L.Ed.2d 387 (1978). A subjective expectation of privacy is legitimate if it is "`one that society is prepared to recognize as "reasonable."'" Id. at 143-44, n. 12, 99 S.Ct. at 430, n. 12 (quoting Katz, 389 U.S. at 361, 88 S.Ct. at 516 (Harlan, J., concurring)).

Fourth Amendment rights are personal in nature and protect only an individual that has a legitimate expectation of privacy in the area searched. Bonner v. Anderson, 81 F.3d 472, 475 (4th Cir.1996); United States v. Wellons, 32 F.3d 117, 119 (4th Cir.), cert. denied, 513 U.S. 1157, 115 S.Ct. 1115, 130 L.Ed.2d 1079 (1995). Of course, the burden is upon the defendant to show that he has a reasonable expectation of privacy in the area searched. United States v. Rusher, 966 F.2d at 874; United States v. Horowitz, 806 F.2d 1222, 1224 (4th Cir.1986).

The Government correctly argues that a defendant cannot present a cognizable suppression motion simply because he has a "supervisory role in the conspiracy or joint control over the place or property involved in the search or seizure." United States v. Al-Talib, 55 F.3d 923, 931 (4th Cir.1995) (following United States v. Padilla, 508 U.S. 77, 113 S.Ct. 1936, 123 L.Ed.2d 635 (1993)). And, a defendant's drug activities within a residence are insufficient to confer standing upon him to attack the execution of a search warrant at that location. See United States v. Hicks, 978 F.2d 722, 724 (D.C.Cir.1992); United States v. Randle, 966 F.2d 1209, 1212-13 (7th Cir.1992); United States v. McNeal, 955 F.2d 1067, 1069-71 (6th Cir.), cert. denied, 505 U.S. 1223, 112 S.Ct. 3039, 120 L.Ed.2d 908 (1992).

The ultimate question in determining standing to contest an illegal search of a residence is whether one's claim to privacy from governmental intrusion is reasonable in light of all the surrounding circumstances. See Rakas v. Illinois, 439 U.S. 128, 99 S.Ct. 421, 58 L.Ed.2d 387 (1978); Bumper v. North Carolina, 391 U.S....