United States v. Clark
| Decision Date | 30 July 2019 |
| Docket Number | Criminal Action No. 2018-0009 |
| Parties | UNITED STATES OF AMERICA and THE PEOPLE OF THE VIRGIN ISLANDS v. WADE CLARK, Defendant. |
| Court | U.S. District Court — Virgin Islands |
Attorneys:
Daniel H. Huston, Esq.,
St. Croix, U.S.V.I.
For the Government
Kia D. Sears, Esq.,
St. Thomas, U.S.V.I.
THIS MATTER comes before the Court on Defendant Wade Clark's ("Defendant" or "Clark") "Motion to Suppress Evidence and Statements" ("Motion to Suppress") (Dkt. No. 24); the Government's Opposition thereto (Dkt. No. 27); the parties' arguments made at the suppression hearing; Defendant's Supplemental Memorandum (Dkt. No. 48); the Government's Supplemental Opposition thereto (Dkt. No. 50); and Defendant's Reply (Dkt. No. 51).
For the reasons discussed below, the Court will grant in part and deny in part Defendant's Motion to Suppress. Specifically, the Court will deny Defendant's Motion as it relates to the two marijuana plants found in front of his residence and the statement Defendant made asserting that the plants were his and were for his personal use. However, the Court will grant Defendant's Motion as it relates to the statement he made pertaining to possession of marijuana after the officers entered his home and all other evidence found as a result of the search of his property.
On April 4, 2018, Clark was charged with the following counts in an Amended Information: (1) Felon in Possession of a Firearm, in violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2); (2) Possession of a Firearm with an Obliterated Serial Number, in violation of 18 U.S.C. §§ 922(k) and 923(a)(1)(B); (3) Possession of a Firearm in Furtherance of a Drug Trafficking Crime, in violation of 18 U.S.C. § 924(c)(1)(A)(i); (4) Possession with Intent to Distribute (Marijuana Plants), in violation of 21 U.S.C. §§ 841(a)(1) and (b)(1)(B); (5) Possession with Intent to Distribute (Marijuana), in violation of 21 U.S.C. §§ 841(a)(1) and (b)(1)(D); (6) Unauthorized Possession of a Firearm, in violation of 14 V.I.C. § 2253(a); and (7) Unauthorized Possession of Ammunition, in violation of 14 V.I.C. § 2256(a). (Dkt. No. 6).1
Clark filed a Motion seeking to suppress all evidence obtained and statements made during a search of his home on February 27, 2018. During the subsequent suppression hearing, the Government presented the testimony of three witnesses: Leonardo Carrion, Director of Bureau of Investigations ("Dir. Carrion") for the Virgin Islands Department of Justice ("VIDOJ"); Bradley Bolen, Senior Inspector for the U.S. Marshals Service ( ); and Detective Jonathan Sanderson ("Det. Sanderson") of the Virgin Islands Police Department ("VIPD"). Defendant presented two witnesses: Kevin Augustin, an Investigator for VIDOJ ("Investigator Augustin"), and Brian Warner, an Investigator for the Office of the Federal Public Defender ("Investigator Warner"). The following evidence emerged from the testimony of the various witnesses.2
On February 27, 2018, VIPD officers, agents from VIDOJ—including officers from the Sex Offender Registration and Notification Act (SORNA) Unit—and deputies from the U.S. Marshals Service participated in "Operation Ponderosa" on St. Croix. "Operation Ponderosa" is an annual joint operation by law enforcement to conduct compliance checks of registered sex offenders residing in the Territory. During the compliance check, law enforcement visits each registered sex offender at his or her reported address to verify that the latter has provided accurate information and resides at the given address. The offender's contact information and vehicular registrations are also verified. The compliance check does not authorize law enforcement to enter the home of the individual involved.
Defendant Clark is a registered sex offender. On February 27, 2018, at approximately 10:30 a.m., the law enforcement personnel conducting "Operation Ponderosa" arrived at Clark's property located on a hill at 73 Mountpellier, Fredriksted. The driveway—which wrapped around to the left leading to the residence—spanned from the residence atop the hill to a gate at the bottom of the hill. The distance between the gate and the residence was less than a quarter of a mile. The residence is a concrete structure with two levels. The bottom level consisted of a studio apartment where Clark lived. The upper level was accessible only via stairs located behind the building.
The law enforcement team arrived in approximately four vehicles and parked at the bottom of the hill.3 They wore tactical vests and, with the exception of the SORNA Unit, were all armed. The officers exited their vehicles and were walking toward the residence when Clark was seen walking down the driveway toward them. Officers from the U.S. Marshals and the VIPD—including Insp. Bolen and Det. Sanderson—walked up the hill to create a perimeter around the property, and they were followed by the SORNA Unit which was responsible for conducting the compliance check with Clark.4 About four to six officers—comprised of the SORNA Unit and other law enforcement personnel—approached Clark and he was informed that the team needed to see his residence.
As Dir. Carrion walked up the hill, he noticed two or three surveillance cameras mounted on trees facing the driveway. He also noticed what appeared to be two mature marijuana plants—about three to four feet tall—located a couple of feet in front of the door of Clark's residence. While on Clark's property, Dir. Carrion and other officers also observed suspicious activity around the property, which in Dir. Carrion's experience was indicative of marijuana cultivation. These observations included: windows covered with dark plastic bags, one of which had a ventilation system coming out of it; cameras throughout the property; an air condition unit running in the background; and the scent of marijuana permeating the air.5 Det. Sanderson, who was standing at the back of Clark's residence, overheard Dir. Carrion say, "we have a problem here." Det. Sanderson walked around to the front of the residence and saw the two marijuana plants outside Clark's front door. He also observed Clark surrounded by four to five officers.
Suspecting marijuana cultivation on the property, Dir. Carrion approached Clark, who hadbeen interviewed by the SORNA Unit.6 Dir. Carrion asked Clark about the two marijuana plants and whether he was aware that they were there. Clark stated that the plants were his and that they were for his personal use. Dir. Carrion asked Clark if anyone else was living with him. Clark said he lived there alone, but that his girlfriend was with him at the time. Out of what he asserted was concern for the welfare of Clark's girlfriend, Dir. Carrion asked Clark if he could "check the residence to make sure that what [Clark] was telling [him] was correct." Clark declined the request, saying, "I would prefer that you not intrude my privacy." Dir. Carrion recalled getting a phone call at that moment, which he answered as he walked back down the driveway.
After Dir. Carrion left, Insp. Bolen asked Clark if they could look inside his house, and Clark said "no." Det. Sanderson observed Clark speaking with Insp. Bolen and he joined them. He testified that he overheard Insp. Bolen ask Clark if they could look inside his residence and Clark declined, saying, "it's my personal space." Det. Sanderson then asked Clark, "if you don't have anything to hide, then why do you mind us looking inside?"7 Again, Clark declined, saying, "it's my personal space." Det. Sanderson testified that he told Clark, "I see you have marijuana out here," and then explained the local laws concerning possession of marijuana, stating that if Clark had under one ounce of marijuana, it garners him a citation, but that if it was over an ounce, "then we deal with that how you have to deal with that." According to Det. Sanderson, Clark replied,"well, I'll let you guys look inside my residence," and he walked toward the door and opened it.8
Both Insp. Bolen and Det. Sanderson testified that as soon as Clark opened the door, a strong smell of marijuana was apparent. According to Insp. Bolen, Det. Sanderson said he could smell marijuana and asked Clark if he had marijuana inside the apartment. However, Det. Sanderson testified that, upon smelling the marijuana, he once again explained to Clark what the local marijuana laws were in the Virgin Islands. Both officers testified that Clark stated that he had "approximately a quarter ounce of marijuana." Det. Sanderson asked Clark to show him the marijuana and Clark said it was in his backpack. Clark then walked inside his residence and Det. Sanderson and Insp. Bolen followed him.9
Clark walked over to a backpack on the bed located by the entrance, and pulled out a plastic bag full of dried marijuana. After seeing the quantity of marijuana in the bag, Det. Sanderson said he told Clark that his marijuana was well over an ounce, and placed Clark under arrest for possession of marijuana. Det. Sanderson escorted Clark out of the residence and instructed the Deputy U.S. Marshals—which included Insp. Bolen—to clear the residence.10 Det. Sanderson thenMirandized Clark, and, after placing him in handcuffs, escorted Clark down the driveway.
Meanwhile, Dir. Carrion—who at this point was down the driveway and had finished his earlier phone call—telephoned his office to seek legal advice in light of his observations of Clark's property and his suspicion of marijuana cultivation. As he was on the phone, Dir. Carrion reported seeing Clark, in handcuffs, being escorted down the driveway. Dir. Carrion ended his phone call and walked back up toward the residence, where he saw officers inside Clark's apartment conducting a search. This prompted him to ask, "how did we gain access to [Clark's] residence?" Det. Sanderson told him that Clark "had given permission for two members of the team to look into the apartment." Dir....
To continue reading
Request your trial