United States v. Bell, No. CR00-4104-MWB (N.D. Iowa 4/4/2001)
| Decision Date | 04 April 2001 |
| Docket Number | No. CR00-4104-MWB.,CR00-4104-MWB. |
| Parties | UNITED STATES OF AMERICA, Plaintiff, v. MICHAEL WAYNE BELL, Defendant. |
| Court | U.S. District Court — Northern District of Iowa |
The defendant Michael Wayne Bell ("Bell") was indicted on November 16, 2000, in a four-count Indictment charging him with manufacturing 50 grams or more of a mixture or substance containing a detectable amount of cocaine base (commonly called "crack cocaine"), in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(A); possessing with intent to distribute approximately 4.4 grams of cocaine base, in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(C); possessing with intent to distribute approximately 21.2 grams of cocaine, in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(C); and seeking criminal forfeiture of $1,738.00 in currency, and other property constituting proceeds of drug trafficking activities, pursuant to 21 U.S.C. § 853. (See Indictment, Doc. No. 1)
On March 13, 2001, Bell filed a Motion to Suppress Evidence and supporting memorandum brief (Doc. Nos. 14 & 15), and a request for hearing (Doc. No. 16). Pursuant to the Trial Scheduling and Management Order entered February 15, 2001 (Doc. No. 11), motions to suppress in this case were assigned to the undersigned United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B), for the filing of a report and recommended disposition. On March 14, 2001, the court granted Bell's request for hearing, and scheduled an evidentiary hearing on the suppression motion for March 27, 2001. In its order scheduling the hearing, the court directed Bell to supplement his motion with information regarding the specific statements he seeks to suppress. As directed, Bell filed, on March 22, 2001, a supplement to his motion (Doc. No. 18).
The court also directed the Government, in its resistance to the motion, to address the specific question of Lori Gutierrez's right to consent to a search of the inside of Bell's personal possessions, such as his boots, socks, and jeans. The Government filed its resistance on March 23, 2001 (Doc. No. 19), addressing this issue in compliance with the court's order. On March 26, 2001, Bell filed a reply to the Government's resistance (Doc. No. 22).
At the hearing on March 27, 2001, Assistant U.S. Attorney Peter Deegan appeared on behalf of the Government. Bell appeared in person and with his attorney Martha McMinn. The Government presented the testimony of Lori Sue Gutierrez, law enforcement officers Randy Suggitt and Martin Divis, Assistant United States Attorney Jamie Bowers, and Assistant Woodbury County Attorney James Katcher. Bell presented the testimony of attorney Phil Furlong, and Bell testified in his own behalf. The court admitted the following exhibits, without objection from either party: Government Exhibit 1, a form entitled "Permission for Search and Seizure," signed by Lori Gutierrez on 7-25-00; Government Exhibit 2, a handwritten statement prepared by Lori Gutierrez, dated 7-25-00; Government Exhibit 3, James Katcher's "Notes to File," dated 7/25/00 at 4:00 p.m.; and Defendant's Exhibit A, a billing statement dated December 12, 2000, from Phil Furlong to Michael Bell.
The court has reviewed the parties' briefs and carefully considered the evidence, and now considers the motion ready for decision.
Bell seeks to suppress evidence arising from a search of the home of Lori Gutierrez, including both physical evidence and Bell's statements made at the time of and subsequent to the search. The pertinent facts are as follows.
At the time of the search in question, which occurred on July 25, 2000, Bell and Gutierrez had been in a relationship for about seven months. Gutierrez had known of Bell for several years prior to entering into a relationship with him. Gutierrez works as a waitress at The First Edition, a bar in Sioux City, and she testified she had seen Bell at the bar selling drugs.1
Gutierrez said Bell spent the night at her apartment once or twice a week, although they did not sleep together because Bell snores. Generally, Bell would sleep on the living room sofa, while Gutierrez would sleep in the bedroom. Gutierrez's two sons, ages 15 and 17, also occupied the apartment, sharing a second bedroom. Gutierrez testified she has done some of Bell's laundry on a couple of occasions. Bell did not keep a lot of his possessions at Gutierrez's apartment, but he usually kept a change of clothes at the apartment (shoes, underwear, shirt, pants).
A couple of weeks prior to July 25, 2000, Gutierrez confronted Bell and asked him not to bring drugs into her apartment. Bell argued that because Gutierrez smoked marijuana, it should not matter to her if he brought other drugs into the apartment. Bell came to Gutierrez's apartment on the afternoon of July 24, 2000, with a baggie of crack in his pocket. Gutierrez gave Bell a ride to the bar and then returned home. She testified she began straightening up the house, and decided to clean her closet, where Bell kept a pair of snake skin boots.2 Gutierrez testified that as she lifted up the boots to move them, something inside one of the boots "fell down" further into the boot. Gutierrez turned the boot upside down onto the bed and found a baggie of powder cocaine and some papers with names written on them. Gutierrez was upset by the discovery because she had asked Bell not to bring drugs into her apartment, and she felt he was trying to hide the drugs from her. Bell returned to the apartment after the bar closed, around 3:00 a.m. The next morning, Gutierrez found additional drugs; a baggie of crack was in one of Bell's dirty socks that was lying on top of some shoes near the foot of the bed.
In the late morning of July 25, 2000, Gutierrez called the Tri-State Drug Task Force and arranged to meet with officers at her sister's house. Officers Suggitt and Hansen met with Gutierrez. Gutierrez told the officers about the drugs, and said she wanted Bell and the drugs out of her house. Gutierrez signed a "Permission for Search and Seizure" form (Gov't Ex. 1) that authorized officers to search her apartment for drugs, and she gave the officers a key to her apartment. She also gave the officers a handwritten statement, which says:
Micheal [sic] Bell came to my home [at] 3000 Park Ave. last night 7-24-00, with an ounce of powder cocaine which he put in his cowboy boot in the closet and some crack cocaine which is in his socks laying on some tennis shoes in the bedroom. He never left my home [and] he's been there ever since. I left the house at 10:30 a.m. 7-25-00. The cocaine and crack are in plastic baggies tied up.
(Gov't Ex. 2)3
Four officers went to Gutierrez's apartment to conduct the search: Officer Randy Suggitt, Officer Martin Divis, Officer Marie Stensrud (now Marie Divis, married to Martin Divis's brother), and Officer Troy Hansen. Gutierrez did not accompany the officers to her apartment. The officers entered the apartment using the key Gutierrez had given them, and they found Bell sleeping on a sofa in the living room. No one else was present in the apartment. Officer Divis asked Bell if he could pat him down for weapons, and Bell agreed. No weapons were found. The officers told Bell that Gutierrez had asked them to search her apartment for drugs, and told him to "hold still" on the sofa while they made sure no one else was in the apartment.
Officer Suggitt went into Gutierrez's bedroom. He testified he was specifically looking for the boots and socks described by Gutierrez. The closet door was open, and Officer Suggitt found the cowboy boots neatly placed on the floor in the closet. He squeezed the sides of the boots so he could peer down into them, and in one boot, he saw a bag of white powder that was between golfball and baseball size. He tipped the boot over and the bag of powder fell out. Officer Suggitt did not recall that anything else was in the boot besides the bag of powder. The substance in the bag later tested positive for cocaine.
Officer Suggitt also found a pair of socks that appeared to be men's white athletic socks on top of some shoes that were lined up along the wall near the foot of the bed. The officer picked up the socks and could feel a bulge in one sock. He turned the socks inside out and found a baggie of crack cocaine in one sock.
Officer Suggitt searched the remainder of the room, including the dresser drawers and the area between the mattress and springs on the bed. There was a pair of jeans that appeared to be men's blue jeans lying on the floor near the socks. The officer found several hundred dollars in one of the jeans pockets. He found additional currency lying on top of the dresser in the bedroom, in plain view. Also on top of the dresser was a piece of mail that was addressed to Bell. No other contraband was found in the apartment.
Officer Suggitt told Officer Divis what he had found in the bedroom. Officer Divis advised Bell he was going to be placed under arrest for possession of illegal drugs. He handcuffed Bell and read him his Miranda rights. Bell said he understood his rights. Officer Divis asked Bell if he would be willing to answer some questions, and Bell agreed. The officer asked Bell if he knew what they had found in the bedroom area. Bell said they had probably found some cocaine in a pair of boots, and there might also be some crack in the bedroom. Bell also said there was some money in the bedroom, and he admitted the money came from drug sales. Bell said the drugs and money were his and not Gutierrez's. All of Bell's statements were in response to Officer Divis's questioning and were not volunteered.
The officers asked Bell if he would be willing to go to the Task Force office in the Federal Courthouse to continue talking with them. Bell agreed, and the officers transported Bell from the apartment to the Task Force office.
At this point, the...
To continue reading
Request your trial