U.S. v. Davis
| Citation | 565 F.Supp.2d 841 |
| Decision Date | 18 June 2008 |
| Docket Number | No. 4:07CR600.,4:07CR600. |
| Parties | UNITED STATES of America, Plaintiff, v. Louis K. DAVIS, Defendant. |
| Court | United States District Courts. 6th Circuit. United States District Court of Northern District of Ohio |
Nancy L. Kelley, Office of the U.S. Attorney, Cleveland, OH, for Plaintiff.
This matter is before the Court upon two Motions to Suppress Evidence filed by Defendant Louis K. Davis. (Dkt. #17; Dkt. # 23).
The Government filed the Indictment in the instant matter on November 27, 2007, charging the Defendant with two counts of being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1). (Dkt. # 1). The Defendant entered a plea of not guilty to each count of the Indictment.
On February 19, 2008, the Defendant filed a Motion to Suppress Evidence related to Count 1 of the Indictment. (Dkt. # 17). The Defendant filed a second Motion to Suppress Evidence related to Count 2 of the Indictment on February 28, 2008. (Dkt. # 23). The Government filed a response to both Motions on March 11, 2008. (Dkt. # 25). Pursuant to 28 U.S.C § 636(b)(1)(B) and LR 5.1(f), the Court referred the matter to Magistrate Judge George J. Limbert to conduct a hearing on both Motions and to issue a report and recommendation. (Dkt. # 27).
Magistrate Judge Limbert consolidated the motions for hearing on April 30, 2008. On May 1, 2008, the Government moved to reopen the suppression hearing to correct the testimony of one of the Government's witnesses, Officer Robert Patton of the Youngstown Police Department. (Dkt. # 34). Magistrate Judge Limbert granted the Government's motion and reopened the suppression hearing on May 5, 2008. (Dkt. # 39). At Magistrate Judge Limbert's direction, the Defendant filed a memorandum of law on the issues raised in both Motions on May 7, 2008. (Dkt. # 40). The Government filed a response on May 8, 2008. (Dkt. # 41).
On May 13, 2008, Magistrate Judge Limbert issued a report and recommendation recommending that the Court grant both of the Defendant's Motions to Suppress Evidence. (Dkt. # 42). The Government timely filed objections to the Magistrate Judge's report and recommendation. (Dkt. # 45).
On June 4, 2008, the Court, sua sponte, recalled two Government witnesses, Mahoning County Deputy Sheriff Lawrence McLaughlin and Officer Jeff Pantall of the Struthers Police Department, for further questioning by the Court regarding the officers' participation in the events related to Count 1 of the Indictment.
The felon in possession charge in Count 1 of the Indictment is based upon the discovery of a firearm in the Defendant's vehicle following a traffic stop on October 4, 2007. (Dkt. # 1). The Defendant challenges the validity of the traffic stop and subsequent search under the Fourth Amendment to the United States Constitution.
Officer Patton testified at the suppression hearing that, as a narcotics investigator for the Mahoning Valley Law Enforcement Task Force, he had set up a controlled purchase of marijuana through a cooperating source, to be conducted at a particular location in the City of Youngstown. (Transcript of April 30, 2008, Suppression Hearing ["Tr."] at 4-5). According to Officer Patton's testimony, he observed the target of the investigation arrive at the purchase location as a passenger in a green Lincoln Continental with Ohio license plates, exit the vehicle, complete the drug transaction, and return to the vehicle, which then departed the location.1 (Tr. at 5). Officer Patton testified that while the vehicle was present at the purchase location, he determined that it was registered to the Defendant. (Tr. at 6).
Officer Patton then testified that while he was still at the purchase location, he observed the green Lincoln return to the area approximately fifteen to twenty minutes after it had departed. (Tr. at 9). He followed the Lincoln in an unmarked Task Force vehicle, proceeding eastbound on Indianola Avenue in Youngstown. (Tr. at 9-10). On direct examination during the April 30 hearing, Officer Patton testified that while following the Lincoln, he observed the vehicle fail to come to a complete stop at a stop sign controlling eastbound traffic on Indianola at the intersection of Indianola and Homestead Avenue. (Tr. at 10). He then contacted Deputy Sheriff McLaughlin and Officer Pantall, who were assisting in the controlled purchase, and instructed the officers to perform a traffic stop of the Lincoln for the stop sign violation Officer Patton had observed. (Tr. at 10). Officer Patton testified that he then observed the officers effect the traffic stop of the Lincoln on the Center Street bridge in Youngstown. (Tr. at 10). From his vehicle, Officer Patton saw Officer Pantall accompany the Defendant to the trunk of the Lincoln, and then observed Officer Pantall place the Defendant in handcuffs. (Tr. at 11). Officer Patton then transported the Defendant to the Task Force office. (Tr. at 12). On cross-examination, Officer Patton confirmed that he had observed the stop sign violation at the intersection of Indianola and Homestead. (Tr. at 14-15).
Following the Defendant's presentation at the April 30 hearing, Officer Patton was called by the Government as a rebuttal witness. (Tr. at 51). He again testified that the Defendant committed the stop sign violation at the intersection of Indianola and Homestead. (Tr. at 51). Officer Patton was unable to identify the location of the stop signs depicted in photographs marked Defense Exhibits 2 and 3. (Tr. at 51). The officer then drew a diagram of the intersection of Indianola and Homestead, marked Government Exhibit 1, and indicated on the diagram the location of the stop sign where he observed the violation. (Tr. at 52-53; Gov't Ex. 1). Officer Patton also included on the diagram the next intersection heading eastbound on Indianola, which he labeled "Poland." (Tr. at 54; Gov't Ex. 1).
At the reopened suppression hearing on May 5, 2008, Officer Patton testified on direct examination that following the April 30 hearing, he returned to the intersection where he had observed the stop sign violation and determined that it was actually the intersection of Indianola and Homewood Avenue rather than Indianola and Homestead. (Transcript of May 5, 2008, suppression hearing ["Tr.II"] at 4). He confirmed that there is a stop sign controlling eastbound traffic on Indianola at the Homewood intersection, and stated that he believed there was a traffic light at the intersection of Indianola and Homestead. (Tr.II at 5). On cross-examination, Officer Patton again stated that he believed there was a traffic light at the intersection of Indianola and Homestead. (Tr.II at 8). Defense counsel then showed Officer Patton photographs of the intersection at Indianola and Homestead which demonstrated that there was neither a traffic light nor a stop sign controlling traffic on Indianola at the intersection. (Tr.II at 8-9). Officer Patton agreed that he was inaccurate as to whether a traffic light existed at Indianola and Homestead. (Tr.II at 9).
At the April 30 suppression hearing, Deputy Sheriff McLaughlin testified that on October 4, 2007, he was working as part of the Mahoning Valley Law Enforcement Task Force in an unmarked vehicle assigned as a "take down" vehicle in a drug investigation in the City of Youngstown. (Tr. at 18). Deputy Sheriff McLaughlin was the driver of the unmarked vehicle, accompanied by Officer Pantall. (Tr. at 18).
On direct examination, Deputy Sheriff McLaughlin testified that in the course of the drug investigation, he conducted a traffic stop of a green Lincoln Continental with Ohio license plates. (Tr. at 19). Deputy Sheriff McLaughlin stated that the traffic stop was made at the direction of Officer Patton for a stop sign violation, and that the stop occurred on the Center Street bridge in Youngstown at approximately 3:00 p.m. (Tr. at 18-19). He further testified that he did not personally observe the stop sign violation. (Tr. at 18-19). At the June 4, 2008, hearing, Deputy Sheriff McLaughlin testified that he and Officer Pantall were travelling eastbound on Indianola, approximately five cars behind the green Lincoln and three cars behind Officer Patton's vehicle when Officer Patton instructed them to make the traffic stop. (Transcript of June 4, 2008, suppression hearing ["Tr.III"] at 6-7). According to Deputy Sheriff McLaughlin, Officer Patton then pulled over and allowed Deputy Sheriff McLaughlin to go around him in order to perform the traffic stop on the green Lincoln. (Tr.III at 8). Deputy Sheriff McLaughlin stated that the green Lincoln turned right at the end of Indianola onto Poland Avenue and moved into the turning lane to turn left onto Center Street. (Tr.III at 8). The officers got behind the Lincoln in the turning lane on Poland Avenue, followed the vehicle onto Center Street, and made the traffic stop on the Center Street bridge. (Tr. Ill at 8).
Once the green Lincoln was stopped, Deputy Sheriff McLaughlin approached the driver's side of the vehicle, advised driver that he was stopped for a stop sign violation, and asked for the driver's license, insurance, and registration. (Tr. at 20). The driver, whom Deputy Sheriff McLaughlin identified as the Defendant, stated that his license was in the trunk of the vehicle, at which point Deputy Sheriff McLaughlin allowed the Defendant to exit the vehicle to retrieve the license. (Tr. at 20). Officer Pantall was positioned at the rear of the vehicle with the Defendant. (Tr. at 20). Deputy Sheriff McLaughlin testified that after a few minutes, he observed Officer Pantall place the Defendant under arrest. (Tr. at 21). When Deputy Sheriff McLaughlin looked back at the trunk, he observed marijuana and money in the trunk. (Tr. at 21).
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