United States v. Parker
| Decision Date | 21 December 2017 |
| Docket Number | CASE NUMBER 4:17-CR-00025-MAC-CAN |
| Parties | UNITED STATES OF AMERICA v. DAMEON DEON PARKER |
| Court | U.S. District Court — Eastern District of Texas |
Pending before the Court is Defendant Dameon Deon Parker's Motion to Suppress Evidence ("Defendant's Motion to Suppress") [Dkt. 120]. On December 15, 2017, the undersigned conducted an evidentiary hearing and heard oral argument from both the Government and Defendant on the pending Motion to Suppress. After considering the Motion to Suppress, the Government's Response [Dkt. 126], all other relevant filings and evidence, as well as the oral argument presented, the Court recommends that Defendant's Motion to Suppress [Dkt. 120] be DENIED.
On February 9, 2017, Defendant was indicted for a violation of 21 U.S.C. § 846 () and a violation of 21 U.S.C § 924(c) () [Dkt. 15]. The Indictment was superseded on August 9, 2017; the Superseding Indictment charged Defendant in three counts with a violation of 21 U.S.C. § 846 (), a violation of 21 U.S.C § 924(c) (), and a violation of 18 U.S.C. § 841(a)(1)(Possession with the Intent to Distribute or Dispense Cocaine and Marijuana) [Dkt. 53]. The Superseding Indictment in pertinent part alleges that [Dkt. 53]. The Superseding Indictment further charges that "[o]n or about January 30, 2017, in Grayson County, Defendant and Michelle Brittany Parker knowingly and intentionally possessed with the intent to distribute or dispense 500 grams or more of a mixture or substance containing a detectable amount of cocaine and less than 50 kilograms of marijuana, in violation of 21 U.S.C. § 841(a)(1)" [Dkt. 53]. The Superseding Indictment finally charges that "[o]n or about January 30, 2017, in Grayson County, Defendant and Michelle Brittany Parker knowingly possessed a Springfield Model XD .45 caliber pistol, serial number US606194 (a firearm) in furtherance of a drug trafficking crime for which they may be prosecuted in a Court of the United States, namely: conspiracy to distribute and possess with the intent to distribute cocaine and marijuana, a violation of 21 U.S.C. § 846, all in violation of 18 U.S.C. § 924(c)" [Dkt. 53].
Defendant filed the instant Motion to Suppress on December 4, 2017, seeking suppression of "all the evidence obtained against Defendant" [Dkt. 120 at 30]. Defendant specifically asserts that all evidence obtained from the searches of 1126 Big Cedar Lane in Denison, Texas, 1408 Knottingham Road in Little Elm, Texas, Defendant's Snapchat account and iPhone, as wellas any verbal statements by Defendant should be suppressed because "[t]he [Big Cedar Affidavit] is a barebones affidavit that contains stale information from 2012 and conclusory statements from 2016, and began a chain of bad search-warrants" [Dkt. 120 at 27].1 Defendant thereafter argues that "the good-faith exception does not apply" because any reasonably well-trained officer would have known the Big Cedar Warrant was deficient, and thus, could not in good faith have relied on the warrant's validity and also that "the magistrate issuing the warrant did not have substantial basis for believing there was probable cause" [Dkt. 120 at 28]. Defendant further argues "under the 'fruit-of-the-poisonous-tree' doctrine," that all evidence derived from and/or as a result of the Big Cedar Search Warrant must also be suppressed [Dkt. 120 at 28].2 The Government filed its Response to Defendant's Motion to Suppress on December 14, 2017 [Dkt. 126]. The Court conducted an evidentiary hearing on December 15, 2017 [Dkt. 121], wherein Sergeant Shane Kumler of the Denison Police Department and ATF Special Agent Dustin Holbert testified and the Government admitted four exhibits;3 the Hearing transcript was filed December 18, 2017 [Dkt. 130]. The underlying facts relevant to Defendant's Motion to Suppress are summarized as set forth below.
Dating back as early as 2012, various law enforcement agencies, namely Denison Police Department and the Bureau of Alcohol, Tobacco, and Firearms, were investigating Defendant for his alleged drug trafficking activities in Grayson County [Dkt. 129, Ex. 1]. Throughout the courseof such investigation, Sergeant Kumler attested to speaking with several confidential informants regarding Defendant's involvement in the distribution of cocaine, methamphetamine, and marijuana in the Grayson County area [Dkt. 129, Ex. 1]. Sergeant Kumler testified that he and other law enforcement learned from various confidential sources that Defendant kept quantities of cocaine, methamphetamine, and marijuana at locations in the Grayson County area, one of those locations identified is co-defendant, Michelle Parker's residence at 1126 Big Cedar Lane in Denison, Texas.
On January 30, 2017, Sergeant Shane Kumler conducted surveillance on 1126 Big Cedar Lane in Denison, Texas (the "Big Cedar residence") [Dkt. 129, Ex. 1]. Sergeant Kumler testified that while watching the Big Cedar residence, he observed Defendant leave the residence and enter a silver Ford passenger vehicle [Dkt. 130 at 11-12]. Sergeant Kumler testified that on January 30, 2017, he was aware of Defendant's alleged drug trafficking activities and Defendant's prior arrests, and followed Defendant to a gas station where he observed Defendant pump gas into the vehicle and drive back towards the Big Cedar residence. Sergeant Kumler further testified that Officer Deering of the Denison Police Department attempted to stop Defendant for an observed traffic violation, but Defendant failed to stop the vehicle until parked in the driveway of the Big Cedar residence [Dkt. 130 at 12]. Defendant was subsequently arrested for failure to display his driver's license [Dkt. 130 at 13]. $7,083 in cash was found on Defendant's person and inside his vehicle [Dkt 130 at 13].
Sergeant Kumler testified that during Defendant's arrest, Defendant's wife and co-defendant, Michelle Parker, was standing on the front porch of the Big Cedar residence; Sergeant Kumler stated that he approached Michelle Parker and spoke with her [Dkt. 130 at 13-14]. Sergeant Kumler testified that while on the front porch of the Big Cedar residence, he detected a strong odor of marijuana from inside the residence and also heard people inside [Dkt. 130 at 14]. Sergeant Kumler testified that he asked Michelle Parker if she consented to a search of the residence; she refused to give her consent [Dkt. 130 at 14]. Sergeant Kumler stated he was aware from his investigative efforts that Defendant was typically accompanied by another person on his visits to Grayson County. Specifically, Sergeant Kumler testified that he [Dkt. 130 at 14-15]. Sergeant Kumler and several other Denison Police Officers entered the Big Cedar residence and conducted a protective sweep to ensure the safety of the officers present and to secure the residence [Dkt. 130 at 14-15]. Sergeant Kumler testified that he conducted the protective sweep because of this information and also the strong smell of marijuana emanating from inside the residence [Dkt. 130 at 20]. Sergeant Kumler found Michelle Parker's children inside the residence, but did not find any contraband in plain view. Officers detained Michelle Parker and her children while Sergeant Kumler left to apply for a search warrant for the Big Cedar residence [Dkt. 130 at 15].
The Big Cedar Affidavit, prepared by Sergeant Kumler, generally describes Sergeant Kumler's credentials and outlines the background investigation of Defendant's drug trafficking activity in Grayson County [Dkt. 129, Ex. 1]. Sergeant Kumler specifically attests that [Dkt. 129, Ex. 1 at 3]. Sergeant Kumler then outlined certain instances from the investigation of Defendant, including several where Defendant was found in possession of large sums of cash, similar to the amount he was arrested with on January 30, 2017. Sergeant Kumler noted that on September 12, 2012, a Grayson County Deputy stopped a vehicle for a traffic violation: the driver was in possession of marijuana and a large sum of cash, marijuana and a large sum of cash were found in the center...
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