United States v. Christian
Decision Date | 26 June 2018 |
Docket Number | No. 17-1799,17-1799 |
Citation | 893 F.3d 846 |
Parties | UNITED STATES of America, Plaintiff-Appellee, v. Tyrone Dexter CHRISTIAN, Defendant-Appellant. |
Court | U.S. Court of Appeals — Sixth Circuit |
ARGUED: Daniel A. Bihrle, Grant E. Mitchell, UNIVERSITY OF TENNESSEE, Knoxville, Tennessee, for Appellant. Timothy VerHey, UNITED STATES ATTORNEY'S OFFICE, Grand Rapids, Michigan, for Appellee. ON BRIEF: Daniel A. Bihrle, Grant E. Mitchell, Lucille A. Jewel, Wesley S. Love, Jack F. Smith, UNIVERSITY OF TENNESSEE, Knoxville, Tennessee, for Appellant. Timothy VerHey, UNITED STATES ATTORNEY'S OFFICE, Grand Rapids, Michigan, for Appellee.
Before: GILMAN, ROGERS, and STRANCH, Circuit Judges.
GILMAN, J., delivered the opinion of the court in which STRANCH, J., joined. ROGERS, J. (pp. 871–77), delivered a separate dissenting opinion.
Tyrone Christian was convicted by a jury for (1) possessing a controlled substance with the intent to distribute, in violation of 21 U.S.C. § 841(a)(1) ; (2) being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1) ; and (3) possessing a firearm in furtherance of a drug-trafficking crime, in violation of 18 U.S.C. § 924(c)(1)(A)(i). Before trial, Christian sought to suppress evidence obtained via a search warrant that he argued was not supported by probable cause. He also challenged the admission at trial of a recorded telephone call between two other individuals on the grounds that it was inadmissible hearsay. The district court denied the motion to suppress and admitted the recording of the call.
Christian renews both challenges on appeal. For the reasons set forth below, we REVERSE the judgment of the district court and REMAND the case for further proceedings consistent with this opinion.
On September 3, 2015, a state magistrate issued a search warrant for Christian’s residence located at 618 Grandville Avenue in Grand Rapids, Michigan (the Residence), based on information contained in a four-and-a-half-page affidavit prepared by Thomas Bush, a Grand Rapids police officer. But the equivalent of only one page of the affidavit is dedicated to facts specifically related to Christian. The rest concerns generic information, including Officer Bush’s qualifications and the nature of drug investigations.
The search was carried out shortly after midnight on September 4, uncovering various quantities of heroin, cocaine, and marijuana, as well as two firearms and sandwich bags with cut corners. Christian was not present for the search, but was stopped and detained in his car nearby.
Before trial, Christian sought to suppress the evidence from the search of the Residence, arguing that the warrant was not based on probable cause. The district court denied the motion, and the evidence was introduced at trial. Christian was convicted on all three counts with which he was charged. He now timely appeals his conviction, contending that the district court erred when it allowed evidence from the search to be introduced at trial.
Officer Bush’s affidavit sought authorization to search the Residence for controlled substances, firearms, records relating to trafficking in controlled substances, and any quantities of cash that might be proceeds from the sale of controlled substances. In support of his request, Officer Bush outlined his qualifications and experience in investigating drug crimes and noted that he and other law-enforcement officers had become "involved in a drug investigation involving Tyrone Christian." He also provided six assertions of factual support relating to Christian:
In addition to contesting the validity of the search warrant, Christian argued at trial that statements made during a recorded telephone call between Rueben Thomas and Thomas’s girlfriend, Tanisha Edwards, constituted inadmissible hearsay and thus should not be admitted. The call occurred while Thomas was in jail following his arrest on September 3, 2015. Edwards informed Thomas during the call that he should be grateful to Christian because Christian had removed "groceries"—allegedly referring to drugs and firearms—from Thomas’s home following the arrest. This call was used to tie Christian to Thomas and to contraband later found buried in the backyard of the house belonging to Christian’s mother.
"When reviewing a district court’s decision on a motion to suppress, we use a mixed standard of review...." United States v. Davis , 514 F.3d 596, 607 (6th Cir. 2008). We review findings of fact under the clear-error standard and conclusions of law de novo. Id. "Whether a search warrant affidavit establishes probable cause to conduct the search is a legal question that this Court reviews de novo." United States v. Brooks , 594 F.3d 488, 492 (6th Cir. 2010). "On appeal of a district court’s decision on a motion to suppress, although we must view the evidence in a light most likely to support the decision of the district court, when the district court itself is a reviewing court, this court owes the district court’s conclusions no particular deference." Id. ( ). On the other hand, "[a]n issuing judge’s findings of probable cause should be given great deference by the reviewing court and should not be reversed unless arbitrarily exercised." United States v. Higgins , 557 F.3d 381, 389 (6th Cir. 2009) (quoting United States v. Miller , 314 F.3d 265, 268 (6th Cir. 2002) ).
U.S. Const. amend. IV. " ‘At the very core’ of the Fourth Amendment ‘stands the right of a man to retreat into his own home and there be free from unreasonable governmental intrusion.’ " Kyllo v. United States , 533 U.S. 27, 31, 121 S.Ct. 2038, 150 L.Ed.2d 94 (2001) (quoting Silverman v. United States , 365 U.S. 505, 511, 81 S.Ct. 679, 5 L.Ed.2d 734 (1961) ); see also Payton v. New York , 445 U.S. 573, 585, 100 S.Ct. 1371, 63 L.Ed.2d 639 (1980) .
"To establish probable cause adequate to justify issuance of a search warrant, the governmental entity or agent seeking the warrant must submit to the magistrate an affidavit that establishes ‘a fair probability that contraband or evidence of a crime will be found in a particular place.’ " Brooks , 594 F.3d at 492 (quoting United States v. Berry , 565 F.3d 332, 338 (6th Cir. 2009) ). This requires "a nexus between the place to be searched and the evidence sought," United States v. McPhearson , 469 F.3d 518, 524 (6th Cir. 2006), at the time the warrant is issued, United States v. Hython , 443 F.3d 480, 485 (6th Cir. 2006). The probable-cause standard is practical and nontechnical. United States v. Frazier , 423 F.3d 526, 531 (6th Cir. 2005). In other words, a reviewing court should consider the "totality of the circumstances" rather than "engage in line-by-line scrutiny of the warrant application’s affidavit." United States v. Williams , 544 F.3d 683, 686 (6th Cir. 2008). But the court must limit its "review of the sufficiency of the evidence...
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