United States v. Blue
| Docket Number | CRIMINAL 3:23cr40-l |
| Decision Date | 22 December 2023 |
| Parties | UNITED STATES OF AMERICA, v. JEREMY BLUE, Defendant. |
| Court | U.S. District Court — Eastern District of Virginia |
This matter comes before the Court on Defendant Jeremy Blue's Amended Motion to Suppress (the “Motion”). (ECF No. 38.) Mr. Blue seeks to suppress evidence-specifically fentanyl pills and powder containing fentanyl-that law enforcement recovered from his apartment and his girlfriend's mother's apartment on September 28 2022. (ECF No. 38, at 1; ECF No. 38-1, at 1; Oct. 5 Tr. 13:14-20, 14:8-12,17:8-18.) Mr. Blue contends that the officers obtained the evidence pursuant to two unlawful searches in violation of the Fourth Amendment of the United States Constitution.[1] (ECF No. 38, at 1.)
The United States responded in opposition, and Mr. Blue replied. (ECF Nos. 45, 46.) On October 5,2023, the Court heard evidence and oral argument, after which the Court took the matter under advisement.
This matter is ripe for disposition. For the reasons that follow, the Court will deny the Motion. (ECF No. 38.)
A grand jury indicted Mr. Blue on April 5,2023, charging him with Conspiracy to Distribute Cocaine, in violation of 21 U.S.C. §§ 846 and 841(a)(1) (“Count I”); Possession with the Intent to Distribute Cocaine and Fentanyl, in violation of 21 U.S.C. § 841(a)(1) (“Count II”); and Possession of a Firearm and Ammunition by a Convicted Felon, in violation of 18 U.S.C. § 922(g)(1) (“Count III”). (ECF No. 1, at 1-2.)
On May 24,2023, Blue timely filed a Motion to Suppress. (ECF No. 25.) The United States responded, and Blue replied. (ECF Nos. 32, 33.) Because Mr. Blue presented “new arguments and objections to additional evidence” in his reply brief, the United States asked the Court for leave to file a sur-reply. (ECF No. 34, at 1.) The Court denied the United States' request, and instead, denied without prejudice the Motion to Suppress, (ECF No. 25), and ordered rebriefing. (ECF No. 35, at 1.)
On July 12,2023, Mr. Blue filed his Amended Motion to Suppress. (ECF No. 38.) The United States responded, and Blue replied. (ECF Nos. 45,46.) On October 5, 2023, the Court held a hearing on the Amended Motion to Suppress. For the reasons articulated below, the Court will deny the Motion. (ECF No. 38.)
The September 28, 2022 sworn Affidavit for Search Warrant (the “affidavit” or “search warrant” or “warrant”) requests a search in relation to (1) “[d]istribution of a controlled substance (VA Code 18.2-248)” and (2) “[c]onspiracy to distribute a controlled substance (VA Code 18.2-256).” (ECF No. 38-3, at I.)[2] The warrant describes the items to be searched for as “drugs and drug paraphernalia” as well as “items of constructive possession and other items associated with the drug trade.” (ECF No. 38-3, at 1.)
The warrant defines the place to be searched as “302 Newbridge Road, Apartment 92, in Henrico County, Virginia” (“Blue's Shared Apartment” or “Shared Apartment”). (ECF No. 383, at 1.) The warrant provides multiple facts signifying that this address is Mr. Jeremy Blue and Ms. Fiera Hicks's residence. (ECF No. 38-3, at 3-4.) For example, the warrant states that databases indicate Hicks resides “at 302 Newbridge Road, Apartment 92 in Henrico County”, and Ms. Hicks stated to law enforcement, after being read her Miranda rights on September 27, 2022-the day before the affidavit was sworn-that “she lives at 302 Newbridge Road Apartment 92” and Blue is “her baby's father” who “stays with her at Newbridge Road to help take care of [her] children.” (ECF No. 38-3, at 3.)
The warrant includes a sworn accompanying affidavit.[3] (ECF No. 38-3, at 2.) The affiant, Richmond DEA Task Force Agent Detective Arrington, states that he “has arrested and been involved in the investigations and arrests of hundreds of cocaine traffickers.” (ECF No. 383, at 5.) The affidavit further reports that “Detective Arrington has been working narcotics cases for the last eight years”, “has testified in multiple Circuit Courts in the state of Virginia as an expert witness in the subject matter of narcotics trafficking and distribution”, “has executed numerous drug search warrants for residences”, and “has made numerous misdemeanor and felony drug arrests as a result of these search warrants.” (ECF No. 38-3, at 5.) Detective Arrington states in the affidavit that based on his experience, “[d]rug traffickers not only store their drug proceeds, drugs, and items to distribute their drugs at their residences, but also at secondary storage locations.” (ECF No. 38-3, at 5.) Additionally, Detective Arrington declares that “[d]rug traffickers commonly use safes to store drugs and drug proceeds in their residences and stash locations.” (ECF No. 38-3, at 5.)
On September 27,2022, Mr. Blue was arrested for drug-related crimes. (ECF No. 38-3, at 3.) The affidavit first chronicles the investigation leading up to the arrest. It explains that law enforcement learned from a confidential source (“CS”) “that an[] individual would have a quantity of cocaine in their vehicle”, which the CS described as “a white Lexus SUV.” (ECF No. 38-3, at 3.) The affidavit further conveys that “[d]uring this time frame, surveillance units observed a white Lexus SUV with Virginia license plate TZM-5684 in the area they expected to find the subject with cocaine”, and the vehicle was “registered to Fiera Hicks.” (ECF No. 38-3, at 3.) Detective Arrington recounts that, “just prior to Blue's arrest”, Mr. Blue was “observed getting into the passenger seat of the White Lexus in Whitcomb Court[,]... pulling a white grocery bag from under the passenger seat and opening it and appearing to inspect it.” (ECF No. 38-3, at 4.) The affidavit does not describe any prior law enforcement surveillance of Mr. Blue's Shared Apartment or his apartment building.
The affidavit then describes Mr. Blue's September 27, 2022 arrest and immediate aftermath. The affidavit notes that law enforcement detained the white Lexus “in a Wendy's parking lot in Chesterfield County” with Ms. Hicks “in the driver seat and [Blue] in the front passenger seat.” (ECF No. 38-3, at 3.) In the vehicle occupied by both Ms. Hicks and Mr. Blue, law enforcement discovered cocaine, heroin, $7,090 in cash in rubber banded bundles, and a handgun. (ECF No. 38-3, at 3.)
The affidavit then imparts the contents of law enforcement's September 27,2022 interview with a source of information (“SOI”). After Mr. Blue was arrested that day, the SOI told law enforcement that Blue lives with Ms. Hicks “at the Newbridge apartments”, and that the SOI “frequently” sees Blue and Hicks together when Blue is selling narcotics in Whitcomb Court. (ECF No. 38-3, at 4.) The SOI further informed law enforcement that they believed that Blue was “coming from Newbridge prior to arriving in Whitcomb [Court] to sell narcotics.” (ECF No. 38-3, at 4.)
The affidavit also conveys information supporting the SOI's credibility. First, the affidavit states that the SOI reported that they had seen Blue leaving Whitcomb Court with a black bag. (ECF No. 38-3, at 4.) The affidavit provides that “Blue was arrested with a black bag containing smaller amounts of suspected heroin and cocaine.” (ECF No. 38-3, at 4.)
Additionally, “[t]he SOI stated that Blue obtains his narcotics from [redacted] and traveled with [redacted] to a football game in Florida in the past few days.” (ECF No. 38-3, at 4 (redaction in original)). Detective Arrington explains that “[t]his information further... established] [the SOI's] credibility” because Detective Arrington knows [redacted] based on this investigation and knows that [redacted] was at a NFL game in Tampa Bay, Florida in the last few days.” (ECF No. 38-3, at 4 (redaction in original).) Detective Arrington reports in the affidavit that the SOI “has been proven credible through facts and information he/she has provided.” (ECF No. 38-3, at 4.)
Detective Arrington concludes that “[b]ased on the totality of the circumstances, [he] strongly believes that [Blue] is storing and distributing kilogram quantities of cocaine in conjunction with [Hicks] and that there is evidence of their drug trafficking at [Blue's Shared Apartment]” on Newbridge Road in Henrico County. (ECF No. 38-3, at 4.)
A Virginia magistrate approved the warrant, which was signed and executed on September 28, 2022. (ECF No. 38-3, at 1.)
The day after the arrest, on September 28, 2022, law enforcement searched Mr. Blue's Shared Apartment pursuant to the warrant. (Oct. 5 Tr. 12:17-13:2,28:17-19.) Duringthe search, law enforcement recovered 61 fentanyl pills from the residence. (Oct. 5 Tr. 13:14-20, 34:14-15.) After law enforcement executed the search warrant, law enforcement read Ms. Hicks her Miranda rights and then interviewed her. (Oct. 5 Tr. 13:21-23.) During the interview, Hicks indicated that there were additional narcotics at her mother's apartment (the “Second Apartment”). (Oct. 5 Tr. 13:24-14:3.) That same day, law enforcement received consent from Ms. Hicks's mother to search the Second Apartment for narcotics.
(Oct. 5 Tr. 14:4-12,22:24- 23:10, 28:19-21.) Law enforcement searched the Second Apartment and seized the following items: (1) approximately 1.5 kilograms of narcotics that later tested positive for fentanyl; and (2) “almost 890 ... pressed M30 pills, which were later identified as fentanyl.” (Oct. 5 Tr. 14:8-12, 17:8-18.)
Mr Blue seeks to suppress evidence obtained from the search of Blue's Shared Apartment and the Second Apartment, contending that both...
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