United States v. Adams
| Decision Date | 17 March 2021 |
| Docket Number | CRIMINAL ACTION FILE NO. 1:18-cr-507-LMM-AJB |
| Parties | UNITED STATES OF AMERICA v. LAURA ADAMS, Defendant. |
| Court | U.S. District Court — Northern District of Georgia |
Before the Court are the following motions filed by Defendant Laura Adams: motion to suppress statements, [Doc. 105]; motion to suppress evidence from 220 Oakwood Circle, Stockbridge, Ga., [Doc. 106]; motion to bifurcate Count Twelve and the 21 U.S.C. § 841 enhancement, [Doc. 107]; motion to suppress evidence from cell phone, [Doc. 108]; motion for return of property (cell phone), [Doc. 109]; and amended motion to suppress evidence from cell phone, [Doc. 115]. The Court conducted an evidentiary hearing on the suppression and return-of-property motions, [Doc. 132 (hereinafter "T___")], after which the parties filed briefs, [Docs. 140 (Gov't), 142 (Adams)]. For the reasons that follow, the undersigned RECOMMENDS that (1) the suppression motions be GRANTED IN PART and DENIED IN PART, (2) the motion for return of property be DENIED, and (3) the bifurcation motion be GRANTED IN PART and DENIED IN PART.
From the evidentiary hearing, the Court finds the following facts. On January 10, 2019, Carrollton, Georgia, Police Department Investigator Kelly Bennett was a Task Force Officer (TFO) with the Drug Enforcement Administration (DEA). He and other law enforcement officers had a federal arrest warrant for Adams issued upon the return of the initial indictment in this case. Bennett, DEA Special Agent Linh Voung, and DEA TFO Howard Spitzer1 were in the vicinity of Adams's residence, 220 Oakwood Circle, in Stockbridge, Georgia. T4-5; see also T47. The officers were in separate unmarked vehicles. T5-6. At about 4:00 PM, Bennett saw Adams arrive at the location as a passenger in a vehicle and then exit the vehicle. T6. Bennett was familiar with Adams's appearance from surveilling her earlier in the investigation. T28-29. He knew that Adams had a criminal history for drug trafficking but did not know whether she was a drug addict. T42. Bennett was on plainclothes but was wearing a bullet-proof vest with police markings, and his firearm was holstered. T7.
From the distance of 20 to 25 feet, in a loud and stern voice Bennett directed Adams to come towards him. Adams momentarily walked increasingly quickly towards her house (which was adjacent to the driveway), but then she complied with Bennett's directive. T7-8, 32, 33. Bennett approached Adams and grabbed her by the wrist. T8. The bag of food Adams was carrying was placed on the vehicle. T8, 45. Bennett handcuffed Adams's hands in the back. T9. Within 20 seconds of this encounter, SA Voung arrived and interacted with the male and female in the vehicle that Adams had just exited. T8, 45.
Bennett described the initial "contact phase" as "amped up a little bit." T9. He explained to Adams that there was a warrant for her arrest and when Adams asked what for, Bennett stated that someone would be present shortly to explain it to her. T10. Adams appeared nervous, was speaking rapidly, and was visibly shaking. Bennett described Adams as "hysterical." T10.
Within several minutes Spitzer arrived, accompanied by six plainclothes detectives from the Henry County Sheriff's Office. T11, 41, 50, 76. None of them was running or yelling, nor was a weapon drawn. T11. Spitzer, Bennett, and Voung remained with Adams while the detectives spoke to the vehicle occupants. T11-12, 52. Bennett observed that Adams had begun to calm down. T12; but see T51 (Spitzer describing Adams as "kind of borderline sobbing, obviously a littlebit upset."), 82 (Spitzer describing Adams as nervous and upset). Spitzer was dressed in plainclothes but displayed his badge and was wearing a throw-over vest identifying him as law enforcement. His weapon was hidden. T51, 88.2 Spitzer was aware of Adams's criminal history and assumed that she was addicted to drugs, but he did not think that she was "high" that day. T92-93. Although Spitzer could not say that Adams was "clean," during the course of his interaction with her that day she appeared lucid, not under the influence, and appeared to understand everything going on and what he was saying to her. T93.
Spitzer identified himself to Adams as being with the DEA. T51-52. Adams, while sobbing a little bit, stated that she did not know what this was about but she had done federal time before and wanted to talk with the officers. T52. Spitzer showed her the arrest warrant and Adams stated that she wanted to cooperate. T53. Spitzer advised Adams of her Miranda rights by reading them from a preprinted DEA Form 13 card. T12-13, 53; Govt. Ex. 1.3 Adams stated that she understoodher rights and wanted to fully cooperate, but that she wanted to speak with the agents in private and not in public. T14-15, 34, 53-54, 55, 78. Spitzer suggested that they go inside Adams's residence, and Adams agreed. T15, 55, 78. Adams did not appear confused in any way and was lucid, although she was still sobbing a little bit. T15, 54. Spitzer's demeanor was casual and "borderline friendly." T15, 55-56.
Before Adams, Spitzer, and Bennett entered the residence, Adams's handcuffs were moved from the rear to her front. T15, 56. Adams was asked if anyone was inside the residence and she responded that she was not sure, since her boyfriend or "Jennifer" could have been inside, She also reported that she had dogs. T16, 35, 56. She unlocked the door with her key that she was allowed to retrieve from her purse. T16, 56. Adams was asked if she would permit a protective sweep of the house to make sure that no one else was inside, and she agreed. T16, 35, 58. Bennett, Voung, and the Henry County detectives performed the security sweep.They yelled "police" as they went through the residence. Although the officers were yelling to make themselves known, they did not unholster their weapons. The sweep took about two minutes. T18-19, 37. During the sweep, Bennett located a female named Jennifer Marchant Betsill in the basement. A quantity of a crystalline substance that appeared to be methamphetamine was located on top of her purse in the room where she was located. T18-19, 38, 58. Bennett told Spitzer what he found. T19, 58-59. Spitzer was familiar with Betsill as a known methamphetamine user residing on the southside of Atlanta. T58.4
Spitzer and Adams sat at a table in the dining room. While the protective sweep still was ongoing, Spitzer spoke with Adams about her delivering a pound of methamphetamine and an ounce of heroin to Spitzer during an earlier undercover investigation, as well as her involvement in the case in general. T88-89. Spitzer did not believe Adams's statements as to a portion of one undercover deal. He told her that he would tell the Assistant U.S. Attorney that she was not telling the complete truth, and advised her that she needed to be completely truthful. T90-91.
Spitzer also noticed in plain view in the dining room area a digital scale anda measuring cup with apparent methamphetamine residue, as well as a TV monitor displaying four outside security cameras To Spitzer, these items were indicative of a methamphetamine distribution operation. T59.5 Spitzer brought those items to Adams's attention and asked her if there was any methamphetamine in the house. Adams stated that there should not be any, but there were a number of people coming in and out of the house. T59-60. Spitzer asked her if they could search the house to make sure that there was no methamphetamine or anything else illegal in the house, and Adams responded that they could. T60.
Spitzer then presented Adams with a consent-to-search form. T19. Adams was seated at the dining room table and was still handcuffed with her hands in front. T21. When asked to give consent, Adams initially was hesitant and stated that she was not sure or asked whether she had to consent. T22, 23, 40, 60, 89, 91-92. Spitzer advised that she did not have to sign the form or consent to a search at all, and that she could refuse to consent to the search. T60. At this time, Adams was still sobbing a bit but continued to state that she wanted to cooperate. T61.
Spitzer advised her that she had the right to refuse to consent, but that since he already was aware of the methamphetamine found downstairs with Betsill, thedigital scale, and the apparent methamphetamine residue, he would contact the U.S. Attorney's Office to apply for a search warrant. T22, 23, 40, 61, 90. Adams responded that that would not be necessary. T25, 61. Spitzer repeated that she had an absolute right to refuse to consent to the search and she did not have to sign the form, but she stated that she was willing to consent. T61. In presenting her the form, he told her to make sure that she read it, which she appeared to do, and asked her if she had any questions about it. T61-62. She stated that she did not. T61. She also stated that she understood the form. T62. Adams signed the consent-to-search form, Govt. Ex. 3, which provided in material part:
T25. Spitzer did not threaten Adams to sign the form, nor use any deception. T23. Spitzer told her again that she could refuse to consent, and she could withdraw herconsent at any time during the search. T62. Spitzer told Voung and the Henry County detectives that Adams consented to a search. T63.
While the search was occurring, Spitzer remained at the dining room table with Adams and questioned her. T26, 63. She was cooperating, although there were times when Spitzer did not believe that she was being truthful. T63. She did not...
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