U.S. v. Campbell

• Decision Date: 20 April 2009
• Docket Number: No. 08-CR-20212-DT.,08-CR-20212-DT.
• Citation: 609 F.Supp.2d 674
• Parties: UNITED STATES of America, Plaintiff, v. Jerome CAMPBELL, Defendant.
• Court: U.S. District Court — Eastern District of Michigan

609 F.Supp.2d 674

UNITED STATES of America, Plaintiff, v. Jerome CAMPBELL, Defendant.

No. 08-CR-20212-DT.

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

April 20, 2009.

COPYRIGHT MATERIAL OMITTED

COPYRIGHT MATERIAL OMITTED

Terrence R. Haugabook, United States Attorney's Office, Detroit, MI, for Plaintiff.

Leroy T. Soles, Federal Defender Office, Detroit, MI, for Defendant.

OPINION AND ORDER REGARDING DEFENDANT'S MOTION TO SUPPRESS STATEMENTS AND EVIDENCE ARISING FROM VEHICLE STOP AND MOTION TO SUPPRESS IDENTIFICATION TESTIMONY

GERALD E. ROSEN, Chief Judge.

I. INTRODUCTION

Jerome Campbell is charged in a one-count Indictment with distribution of more than five grams of crack cocaine in violation of 21 U.S.C. § 841(a)(1). The charges against Campbell arise out of his sale of drugs to an undercover ATF agent on December 6, 2007. Presently before the Court are two motions filed by Defendant Campbell: (1) a Motion to Suppress Identification Testimony [Dkt. # 15] and (2) a Motion to Suppress Statements and Evidence Arising from Vehicle Stop [Dkt. # 24]. During the course of three days of proceedings on this matter, the Court heard the arguments of counsel and the testimony of Detroit Police Officers Leroy Huelsenbeck, Ryan Connor, and Lori Rodriguez; ATF Agents Donna Averill and Richard Jury; witnesses Barry Black, Kiera Gibson, Darius Jones, and Donna Pacholski; and Defendant Jerome Campbell. The Court also received into evidence a number of exhibits. Then, following the close of in-court proceedings, the Court received additional documentary evidence for in camera review.

Having observed the demeanor and having heard and considered the testimony of the witnesses and the oral arguments of counsel, and having reviewed and considered the exhibits submitted, the Court makes the following Findings of Fact and Conclusions of Law. To the extent that any findings of fact constitute conclusions of law, they are adopted as such. To the extent that any conclusions of law constitute findings of fact, they are so adopted. This Opinion and Order sets forth the Court's rulings.¹

II. FINDINGS OF FACT THE AUGUST 1.2007 VEHICLE STOP

On August 1, 2007, Leroy Huelsenbeck, Ryan Connor and Lanaris Hawkins, Detroit Police Officers assigned to the joint federal-state "Project Safe Neighborhood" task force, were on patrol in a semi-marked patrol car in the Northwest District of Detroit, an area rife with narcotics and violent gang-related activities. According to the testimony of Officers Huelsenbeck and Connor, while traveling westbound on Schoolcraft, the officers observed a black Chevrolet Lumina van with Michigan license plate number 8JHM29 pull out of a driveway in front of Tom's Coney Island restaurant near Westwood and Schoolcraft, and turn right onto eastbound Schoolcraft without using a turn signal, in violation of the Detroit municipal code. Officers Huelsenbeck and Connor also observed that the driver of the van was not wearing a seatbelt, in violation of Michigan law. Officer Connor, who was driving the patrol car, therefore, made a u-turn, pulled into the eastbound lane behind the van, turned on the siren and flashers, and effected a traffic stop of the vehicle at Warwick and Schoolcraft.² After parking behind the van, the officers exited their patrol car — Officer Connor approached the driver's side of the van while Officer Huelsenbeck approached the passenger side of the van and stationed himself at the right rear quarter panel. Huelsenbeck was later joined on the passenger side of the van by Officer Hawkins.

Both Officer Connor and Officer Huelsenbeck testified that as they approached the vehicle, they observed the driver's hands reach toward the ceiling of the van. Although Officer Huelsenbeck testified that he could not tell what the driver was doing because, for safety concerns, his attention was directed toward the other occupants of the van, Officer Connor testified that as he approached the driver's door, he saw the driver shoving a plastic baggie into a gap where the ceiling liner was pulled away from the molding. Officer Connor further testified that when he reached the driver's door, he could see a corner of the plastic baggie protruding from the gap in the ceiling. The driver and all of the occupants were ordered out of the car. Officer Connor removed the baggie and found that it contained three large rocks of cocaine, some pills suspected to be ecstasy, and a few smaller ziplock baggies. Officer Connor testified that after he retrieved the contraband, the driver, Jerome Campbell, blurted out, "The dope is mine. Please don't fuck with my people." [12/15/08 Tr. p. 86-87.]

While Officer Connor dealt with Jerome Campbell and the contraband found on him³ and in the ceiling of the van, Officer Huelsenbeck dealt with passengers and the passenger compartment. The three passengers — all juveniles — one of whom was Campbell's 11-year-old son, were directed to sit on the curb under the watch of Officer Hawkins. Officer Huelsenbeck then examined the passenger compartment and found on the floor behind the driver's seat several baggies containing marijuana.

Officers Huelsenbeck and Connor both testified that at the time when they effected the traffic stop they did not know the identity of the driver of the van. However, prior to August 1, 2007, as task force members, the officers had been briefed by their commanding officers and federal agents as to individuals targeted for investigation by, or "of interest" to, the federal authorities with respect to suspected narcotics and firearm violations. Task force members were told that if a target or person-of-interest were arrested for any reason, the federal authorities were to be notified. ATF Task Force Agent Donna Averill testified that Jerome Campbell was one such person "of interest" that she wanted to talk to and that she had informed task force members that if Campbell were ever arrested to notify her.

Officer Connor testified that in one of these pre-August 1, 2007 task force briefings, he was made aware that Jerome Campbell was an individual who the authorities wanted to talk to. He testified that prior to August 1, 2007, he had been told Campbell's name and had been given a verbal description of him and his vehicle. However, he stated that he did not know that it was Campbell who was driving the black Lumina when he and his partners observed the motor vehicle violations giving rise to the stop. He testified that it was not until he had pulled Mr. Campbell over that he made the identification and the connection with him being a person of interest to the federal authorities.

After Campbell made the statement admitting the drugs belonged to him, he was handcuffed and placed in the patrol car. The three juveniles were subsequently released to the custody of Darius Jones, Campbell's uncle, who happened to have seen his nephew with the police while he was driving down Schoolcraft on his way to his own home after leaving the driving range at Rouge Park, and stopped to find out what was happening.

Campbell was transported in the patrol car to the Northwest District station by Officers Hawkins and Connor. Officer Huelsenbeck drove Campbell's van to the station. The trip to the station took five to ten minutes. Campbell was not Mirandized at any time prior to arriving at the station.

According to Officer Connor, while en route to the police station, Campbell voluntarily began a monologue about knowing someone by the name of "Chop" from whom he could obtain a large amount of drugs.⁴ After Campbell concluded his narrative about "Chop" and his ability to obtain a large quantity of drugs, Officer Connor asked him how much a rock of cocaine like that found in the van would sell for. Campbell responded that it would sell for $25. Connor commented that that seemed a low amount of money and Campbell responded that that was what it would sell for in Minnesota.

After they arrived at the station, Agent Averill was notified that Campbell had been taken into custody. Agent Averill arrived at the station a short while later. She testified that she read Campbell his Miranda rights, that he executed a written waiver of his rights, and that she then proceeded to question him.⁵ Mr. Campbell's responses to those questions were recorded by Agent Averill in statement form which Campbell signed. Campbell admitted having put the cocaine in the ceiling liner of the van. He was thereafter charged in a criminal complaint. United States v. Campbell, E.D. Mich. No. 07-30391. (The complaint was subsequently dismissed, without prejudice, after the Grand Jury returned its indictment in this case on April 16, 2008.)

THE NOVEMBER 15. 2007 UNDERCOVER BUY

In early November 2007, ATF agents received information from a confidential informant (CI) that Jerome Campbell (who is also known by the street name "Mozart") and Michael Cooksey (a/k/a "Money Mike") were involved in selling crack cocaine through a dial-a-dope operation⁶ using cell phone number 313-739-4771. On November 15, 2007 ATF Special Agent Richard Jury, acting in an undercover capacity, called that cell phone number and spoke with a male and arranged a purchase of a half ounce of crack cocaine. Jury was told to meet the seller in the area of the intersection of Faust and Belton in Detroit.

Agent Jury testified that he had previously successfully arranged a purchase of drugs by calling this same cell phone number on November 6, 2007. On November 6th, the drugs were delivered to him in the same Faust and Belton area by Michael Cooksey who arrived on the scene in a red four-door vehicle. Cooksey was alone on that date.

On November 15, 2007, prior to going to the Faust and Belton area to make the drug purchase, Jury met with the case agents and other task force agents who would be working the surveillance detail at the police station for a "pre-buy briefing." At this pre-buy briefing, Jury and the surveillance crew...