Documente Academic
Documente Profesional
Documente Cultură
No. 12-4426
Appeal from the United States District Court for the District of
Maryland, at Baltimore.
Catherine C. Blake, District Judge.
(1:11-cr-00114-CCB-27)
Argued:
Decided:
November 7, 2013
ARGUED:
Gerald Chester Ruter, Baltimore, Maryland, for
Appellant.
Benjamin M. Block, OFFICE OF THE UNITED STATES
ATTORNEY, Baltimore, Maryland, for Appellee. ON BRIEF: Rod J.
Rosenstein, United States Attorney, OFFICE OF THE UNITED STATES
ATTORNEY, Baltimore, Maryland, for Appellee.
For the
I.
Since 2006, the Baltimore Police Department (BPD) and the
Drug Enforcement Administration (DEA) have investigated Dana
Bowman and his associates involved in the distribution of heroin
and
marijuana
extensive
purchases
in
the
Baltimore
investigation
of
illegal
metropolitan
included
drugs;
search
informants;
warrants;
area.
Their
controlled
surveillance;
FedEx, UPS, and United States Postal Service shipping data; bank
records; and authorized wiretaps on seventeen phone lines.
On March 9, 2011, as a result of the investigation, BPD and
DEA officials applied for a search warrant for more than thirty
locations.
authored
Two
the
application.
in
BPD
detectives
supporting
and
affidavit
two
for
DEA
the
special
search
agents
warrant
investigations
of
controlled
drug
substances
and
familiar
investigation,
concluded
Dowdells
residence
at
supporting
affidavit
specific
to
Dowdell
and
his
Street.
On
October
14,
2010,
recounted
the
residence
at
detectives
following
2601
East
intercepted
events
Oliver
a
call
S.J.A. 78.
During
On
S.J.A. 80.
Bowman to let him know she had arrived at 2601 East Oliver
Street.
Upon
receiving
the
call,
Bowman
emerged
from
his
this
interaction,
Brockingtons vehicle.
the
detectives
to
they
conducted
traffic
stop
of
the
presence
of
drugs
in
Brockingtons
if
she
revealed
the
drugs.
Brockington
then
the
traffic
stop,
Brockington
informed
Bowman
by
phone that the police pulled her over and she turned over the
drugs.
Bowman told
Dowdell that Brockington was just pulled over by the police and
she gave up the shit.
S.J.A. 82.
called Dowdell and advised him to get the stuff out of there.
Id.
Thereafter,
the
officers
observed
female
exit
the
contacted
Bowman
to
say
S.J.A. 81-82.
4
he
was
moving
the
stuff.
On February 24,
on
this
information,
state
magistrate
found
Oliver
Street
residence
and
more
than
thirty
other
the BPD, DEA, and other law enforcement agencies executed the
search warrants.
Dowdell
retreated
from
the
upstairs
hallway
into
the
master
Then, the
and
verbally
advised
him
of
his
Miranda
rights.
use
marijuana
stored
in
his
bedroom.
During
the
When police
my
J.A.
protection.
recovered
112.
football-size
Law
bag
of
enforcement
marijuana,
Its for
officers
which
also
contained
J.A. 112-
13.
During
the
execution
of
the
search
warrant,
Dowdell
remained seated with the woman and children on the couch in the
living room area.
was
J.A. 114.
quiet,
cooperative,
filed
motions
and
throughout
the
statements
and
search. Id.
Dowdell
to
suppress
his
entered
conditional
guilty
plea
Thereafter,
to
felon-in-
Dowdell was
II.
Dowdell argues that the district court erred in denying his
motion
to
residence.
suppress
evidence
seized
in
the
search
of
his
A.
A
warrant
is
constitutionally
sound
when
issued
by
See U.S.
Const. amend. IV; Illinois v. McArthur, 531 U.S. 326, 330 (2001).
The magistrates probable cause determination is a practical,
common-sense decision whether, given all the circumstances set
forth
in
the
affidavit
before
him
there
is
fair
(1983); see also United States v. Blauvelt, 638 F.3d 281, 288
(4th
Cir.
2011)
(finding
ample
7
evidence
in
the
supporting
Probable cause
basis
for
determining
the
existence
of
probable
In this case, two BPD detectives and two DEA special agents
authored
trained
the
and
supporting
affidavit.
had
of
years
terminology,
and
The
experience
four
in
officers
investigations
were
of
slang
used
by
persons
who
with
detailed
recounting
of
law
enforcements
The
Bowman
and
Dowdell.
During
those
calls,
Bowman
and
the
magistrate
that
the
detectives
had
witnessed
later
seized
drugs
from
Brockington.
Therefore,
the
argue
that
the
supporting
affidavit
and
resulting
search
warrant
to
search
Greenstreets
residence
at
385
Granada
Id. at 1307.
Id. at 1308.
that
the
location
was
manufacture methamphetamine.
possibly
place
Id. at 1309-10.
9
being
used
to
Upon review of
the
search
warrant
and
supporting
affidavit,
the
court
of
Id. at 1310.
Id. at 1309-10.
probable
cause
Specifically,
we
for
find
issuance
the
of
supporting
the
search
affidavit
warrant.
provided
controlled
substances,
which
were
then
distributed
by
Additionally,
Bowman
and
Accordingly,
and
found
in
Brockington
drugs
light
on
of
immediately
Brockington
the
totality
outside
after
of
the
the
stopping
stash
her.
circumstances,
10
B.
Dowdell argues separately that the information contained in
the supporting affidavit was too old to furnish present probable
cause.
We disagree.
U.S.
206,
210
(1932)).
However,
the
court
makes
the
assessing
of
the
probable
staleness
cause
of
cannot
the
be
information,
quantified
[t]he
by
simply
and
the
issuance
of
the
affidavit.
Id.
(quoting
United States v. Johnson, 461 F.2d 285, 287 (10th Cir. 1972));
see also United States v. Farmer, 370 F.3d 435, 439 (4th Cir.
2004)
(explaining
that
staleness
is
not
measured
by
simply
and
the
issuance
of
the
affidavit).
Rather,
we
one
place
to
another.
See
McCall,
740
F.2d
at
1336
(holding
that
the
ongoing
nature
of
marijuana-
not
ordinarily
destroyed
or
moved
about,
thus
avoiding
this
case,
Dowdell
participated
in
long-standing,
The supporting
in
2010
and
staleness
arguments
criminal
activities.
in
early
the
See
2011.
face
Courts
of
Farmer,
370
ongoing
F.3d
routinely
and
at
reject
continuous
439
(denying
counterfeiting
operation
would
have
been
suddenly
staleness
arguments
lose
much
of
their
force.)
Therefore, the
of
the
criminal
activities
weigh
heavily
against
law
enforcement
officials
sought
to
seize
such
as
papers,
records,
and
receipts.
Due
to
the
13
III.
For the foregoing reasons, we affirm the district courts
denial of Dowdells motions to suppress.
AFFIRMED
14