United States v. Lewis
| Decision Date | 01 October 2019 |
| Docket Number | CRIMINAL CASE NO. 1:18-CR-00369-WMR-JFK |
| Parties | UNITED STATES OF AMERICA v. ALFONZO LEWIS, Defendant. |
| Court | U.S. District Court — Northern District of Georgia |
Pending before the court is Defendant Alfonzo Lewis' motion [Doc. 19] and amended motion [Doc. 25] to suppress evidence, a quantity of cocaine, obtained during the search of a vehicle in which he was a passenger; the search was the result of a warrantless traffic stop. Also pending before the court is Defendant's motion [Doc. 20] to suppress statements made at the scene of the traffic stop and subsequently at the Fulton County jail. Finally, Defendant filed a corrected motion [Doc. 28] for a bill of particulars. An evidentiary hearing was held on May 21, 2019, on Defendant's motions to suppress.1 [Doc. 35]. The court will first address the motions to suppress evidence and Defendant's statements.
In his post-hearing brief in support of the motions to suppress evidence, Defendant contends that the Government has failed to establish either probable cause or reasonable suspicion for the traffic stop and failed to establish probable cause to support the warrantless search of the vehicle in which he was a passenger. [Doc. 42 at 7-10]. Defendant also contends, with respect to his motion to suppress statements, that he was not advised of his Miranda2 rights before he was subjected to custodial interrogation, either during the traffic stop or later at the jail, that his first statement claiming ownership of a bag was not spontaneous and that his statements were the result of an unlawful detention and arrest. [Id. at 10-14]. Finally, Defendant argues that, pursuant to the doctrine of collateral estoppel or issue preclusion, the Government is barred from using the evidence seized during the traffic stop. [Id. at 15-23]. In response, the Government opposes the motions to suppress contending that both probable cause that a traffic offense was committed or a reasonable suspicion that the occupants of the vehicle were engaged in criminal conduct justified the traffic stop, that the events during the traffic stop provided probable cause for a search of the vehicle, that Defendant did make a spontaneous admission and that, otherwise, he wasadvised of and waived his Miranda rights and that the Government is not precluded from using the evidence based on the doctrine of collateral estoppel. [Doc. 51]. Defendant filed a reply brief that does not materially add to the arguments of the parties. After consideration of the arguments, record before the court and relevant legal authorities, the court finds that Defendant's motions to suppress are due to be denied.
In August of 2015, members of the High Intensity Drug Trafficking Area ("HIDTA") group were conducting an investigation of suspected drug traffickers. (Tr. at 4-5). HIDTA Task Force Officer ("TFO") Michael Hannan is the case agent for the investigation.3 (Id. at 5-6). On August 20, 2015, while at his office, TFO Hannan was monitoring a surveillance camera set up to observe the driveway and/or front of the residence located at 2105 Rexford Drive, Decatur, Georgia ("Rexford"); the residence had been identified as belonging to the drug trafficking organization under investigation. (Id. at 5-6). The TFO observed a black Dodge Charger arrive and parkin the driveway of the residence, and he observed a black male (shorter, stocky-ish in build) exit from the passenger side of Charger, retrieve a brown bag from the vehicle's trunk and walk towards the front of the residence. The Charger then left.4 (Id. at 6, 42). Based on the Charger's tag, the registered owner was Shanecee Peterson, Albany, Georgia. (Id. at 6). After approximately an hour, the Charger returned to the residence, and the female driver exited and reentered the front passenger side of the vehicle. The same black male previously observed exiting the Charger, along with another black male, approached the Charger; the previously observed black male placed the same brown bag into the vehicle's trunk and entered the back passenger seat while the other black male entered the driver's seat. The vehicle then left. (Id. at 7-8).
As a part of the investigation of the Rexford residence, on August 25, 2015, an undercover officer purchased two kilograms of methamphetamine for $24,000. (Id. at 10). The undercover officer was provided with a silver F150 truck with a secret compartment (trap) in which the methamphetamine was placed. While the F150 truck was in the Government's possession, a tracking device was placed on the vehicle to allow the vehicle to be tracked after it was returned to members of the drug traffickingorganization at the Rexford residence. (Id. at 10-11). And on September 11, 2015, a traffic stop was conducted of a vehicle which had been observed at the Rexford residence; the investigating agents believed the occupants were drug customers. As a result of the stop, a pound of crystal methamphetamine was seized. (Tr. at 41-42). Also, on October 22, 2015, a vehicle arrived at the residence occupied by a male and a female. On this occasion, they left in another vehicle - activity previously observed during the undercover purchase - which was subsequently stopped and a pound and one-half of crystal methamphetamine was found in a second compartment in the vehicle. (Tr. at 42).
As a result of tracking the silver F150 truck, in October 2015, investigating officers identified the residence located at 1398 McClelland Avenue, East Point, Georgia ("McClelland"), as another location used by the drug trafficking organization. (Tr. at 11-12). As a part of the investigation, a surveillance camera was set up at this residence in order to view the driveway and/or front of the residence. (Tr. at 12-13). On December 14, 2015, at approximately 2:30 p.m., TFO Hannan was monitoring the camera from his office and observed a black Suburban arrive and park in the driveway. (Tr. at 13, 16). He observed two black males exit the vehicle; the passenger's physical appearance being similar to that of the black male observed on August 20, 2015, at theRexford residence.5 (Tr. at 13, 43). The registered owner of the Suburban was Shanecee Peterson, Albany, Georgia, the same as the Dodge Charger observed at the Rexford residence. (Tr. at 14). Defendant Lewis retrieved a brown bag from the back passenger seat of the vehicle, and both men walked towards the front of the residence. (Tr. at 13). Based on his experience and the events he was observing, TFO Hannan "felt that there was a high chance that this was going to be a customer picking up some narcotics," accordingly he made contact with Lieutenant Corey Henry ("Lt. Henry"), FCSO, to determine if Lt. Henry was available to conduct a traffic stop.6 (Tr. at 14). TFO Hannan advised Lt. Henry that he was watching a residence and that "there was a chance that there was going to be a vehicle leaving that would probably have a quantity of narcotics in it" and asked that, if available, "could you obtain probablecause through a traffic violation and make a traffic stop on the vehicle . . . ."7 (Tr. at 15, 37, 68, 90-91). The TFO asked Lt. Henry, when he said he was available, to go to and wait at the Lakewood MARTA station which was located near the McClelland residence. (Tr. at 15-16). TFO Hannan and other investigators also headed towards the area of the McClelland residence, and the TFO continued to monitor the surveillance camera on his lap top. (Tr. at 16).
The TFO observed a white Escalade, usually driven by a subject of the investigation, Tyler Owens, drive past the McClelland residence, where he lives. (Tr. at 17). Then the TFO observed Warren Ferguson, the main target of the investigation, arrive in a white Volvo and park behind a white F150 truck; he exited and walked towards the residence. (Tr. at 17). Shortly thereafter, Owens and Ferguson walked into view, both carrying black/dark-colored bags. After Ferguson moved the Volvo from behind the truck and parked it behind the Suburban, both entered the F150 and left. (Tr. at 17-18). The men returned in the F150, and entered the residence. A few minutes later, Ferguson left in the white Volvo. (Tr. at 18). Less than an hour later, Owens retrieved a dark-colored bag from the F150 and headed back towards theresidence. (Tr. at 18). Surveillance agents later observed an Escalade drive past them but were unable to identify if Owens was driving; however, twenty minutes later, the Escalade driven by Owens arrived at the residence and parked on the driveway, and he exited and entered the residence. (Tr. at 18). Approximately ten to fifteen minutes later, Defendant Lewis and the second black male are seen walking towards the Suburban. (Tr. at 18-19). The black male entered the driver's seat, and Defendant Lewis, after placing the brown bag in the back seat of the vehicle, entered the front passenger seat; the vehicle departed. (Tr. at 19). Based on this conduct and the investigation, TFO Hannan "believed that these were customers that were showing up to pick up whatever quantity of some narcotic from this organization." Although TFO could not be "sure" that the vehicle contained narcotics, he formed that opinion based on his investigation - including the similarity in conduct at the Rexford and McClelland residences - and seventeen years "working drug investigations."8 (Tr. at 19; 37-38).
TFO Hannan advised Lt. Henry that the Suburban, providing a description and tag number and with at least two black male occupants, was leaving the residence andthe direction of travel. The Suburban was followed as it eventually headed southbound on I-85. (Tr. at 20-22; 54-55). Lt. Henry, in his marked patrol vehicle,9 testified that as he initially followed the Suburban, at approximately 5:30 p.m., there was moderate rush hour traffic which thinned out as they traveled further south past Old National...
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