Documente Academic
Documente Profesional
Documente Cultură
No. 12-4344
Appeal from the United States District Court for the Southern
District of West Virginia, at Huntington.
Robert C. Chambers,
District Judge. (3:11-cr-00181-1)
Submitted:
October 5, 2012
Decided:
PER CURIAM:
Phillip
Edward
Craig
entered
conditional
guilty
distribute
cocaine
841(a)(1) (2006).
the
district
base,
in
violation
of
21
U.S.C.
courts
order
denying
his
motion
to
suppress
We affirm.
because
probable
cause
Specifically,
the
supporting
that
drugs
Craig
affidavit
were
asserts
failed
stored
that
at
there
to
his
was
establish
residence.
insufficient
that
Craigs
roommates
statement
concerning
Craigs
him
to
high
drug
trafficking
area
was
not
sufficient
to
however,
did
not
raise
these
claims
in
the
Accordingly,
motion
to
suppress,
defendant
must
have
advanced
if
Craig
had
not
waived
these
new
claims,
we
conclude that the district court did not plainly err in denying
his motion to suppress.
Olano,
standard).
507
U.S.
725,
732
(1993)
(detailing
plain
error
See Ornelas
The evidence
To
comport
with
the
Fourth
Amendment,
magistrate
common-sense
decision
whether,
given
all
the
[I]n
reviewing
the
sufficiency
of
supporting
Owens ex
rel. Owens v. Lott, 372 F.3d 267, 274 (4th Cir. 2004) (internal
quotation marks omitted); see Gates, 462 U.S. at 236.
We must
We conclude that
that
Craig
was
drug
dealer,
and
it
included
argument
that
there
was
insufficient
(4th
Cir.
1993).
Here,
the
detectives
confirmed
the
independent
anonymous
police
tip
investigation
was
corroborated
when
the
by
detectives
neighborhood,
standing
alone,
did
not
justify
probable cause, see Brown v. Texas, 443 U.S. 47, 52 (1979), even
seemingly innocent activity may be deemed suspicious in light of
an initial tip, such as the anonymous letter here.
462 U.S. at 243-44 n.13.
See Gates,
totality
corroboration
of
of
the
circumstances,
information
indicate
provided
by
the
sufficient
anonymous
informant.
concerning
Craigs
possession
of
drugs
was
too
of
credibility
admitted
to
in
having
the
a
statement.
drug
problem
First,
when
Craigs
making
the
See United
523 (4th Cir. 2004) (noting that an informant who meets faceto-face with an officer provides the officer with an opportunity
to assess his credibility and demeanor and also exposes himself
to accountability for making a false statement).
Finally,
Craig
argues
that,
although
the
affidavit
legal
before
contentions
this
court
are
adequately
and
argument
presented
would
not
in
aid
the
the
materials
decisional
process.
AFFIRMED