United States v. Jackson

UNITED STATES OF AMERICA, v. CHRISTOPHER WAYNE JACKSON, Defendant.

CRIMINAL ACTION NO. 1:18-CR-95-LMM-LTW

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION

December 10, 2018

MAGISTRATE JUDGE'S ORDER AND FINAL REPORT AND RECOMMENDATION AND ORDER CERTIFYING THIS CASE READY FOR TRIAL

This case is before the court on Defendant Christopher Wayne Jackson's ("Defendant") Motion to Suppress (Doc. 15), First Supplement to Motion to Suppress (Doc. 16), Post-Hearing Supplement to Motion to Suppress (Doc. 23), and Motion for Consideration of Additional Authority on Pending Motion to Suppress (Doc. 30). For the reasons that follow, this Court RECOMMENDS that Defendant's Motions to Suppress should be GRANTED. (Docs. 15, 16, 23). Defendant's Motion for Consideration of Additional Authority on Pending Motion to Suppress is GRANTED. (Doc. 30). Because there are no more motions or other matters to address for Defendant Jackson, the undersigned certifies him ready for trial.

DEFENDANT'S MOTIONS TO SUPPRESS SEARCH

I. BACKGROUND

On March 27, 2018, the Grand Jury charged Defendant with knowingly and intentionally possessing with intent to distribute a detectable amount of cocaine, marijuana, and alprazolam (known as Xanax) in violation of 21 U.S.C. §§ 841(a)(1), 841 (b)(1)(c), 841(b)(1)(D), and 841(b)(1)(E)(2) and possession of a firearm in furtherance of a drug trafficking crime in violation of 18 U.S.C. § 924(c)(1)(A)(I). (Doc. 1). On May 14, 2018, Defendant filed his Motion to Suppress and supplemented his Motion on May 13, 2018. (Docs. 15, 16). This Court held an evidentiary hearing on July 20, 2018 (Doc. 22), and Defendant filed a Post-Hearing Supplement to his Motion to Suppress on August 7, 2018 (Doc. 23). On October 3, 2018, Defendant filed a Reply in support of his Motion (Doc. 29) and then moved on October 24, 2018, to supplement his Reply with additional legal authority (Doc. 30). Defendant's Motion for Consideration of Additional Authority on Pending Motion to Suppress is GRANTED. (Doc. 30).

In Defendant's Motions to Suppress, he argues that evidence obtained during the search of the 498 Center Hill Avenue and his statements made at the time of the search should be suppressed because (1) there was no search warrant for 498 Center Hill Avenue; (2) the arrest warrant for Ryan Jackson did not justify entry into his residence at 498 Center Hill Avenue because the Government's evidence does not show that Ryan Jackson lived at the residence or that he was at the property; (3) there were no exigent circumstances justifying entry other than those created by the law enforcement officers;(4) the plain view doctrine does not justify entry of the residence and the subsequent search because the officers' presence in the curtilage of the home was unlawful; and (5) the search warrant obtained for the search of 490 Center Hill Avenue did not justify entry into 498 Center Hill Avenue because 498 was not listed on the face of or adequately described with particularity within the warrant.

I. FACTUAL BACKGROUND

A. Police Attempt to Execute an Arrest Warrant for Defendant's Brother at Defendant's Residence

On August 12, 2015, Officer Kristopher Hutchens, who was employed by the Clayton County Police Department for twenty-three years and assigned to the United States Marshal Southeast Regional Fugitive Task Force for four years, attempted to apprehend fugitive Ryan Jackson. (Tr. 46-47, 50; Gov't's Ex. 1). Ryan Jackson was charged with home invasion, armed robbery, false imprisonment, two counts of aggravated assault, burglary, possession of a weapon during a crime, and possession of a firearm by a felon. (Tr. 48, Gov't's Ex. 48). Because Ryan Jackson was wanted for home invasion robbery, he was considered to be armed and dangerous. (Tr. 48). Officers had previously tried to arrest Ryan Jackson in May 2015 at an apartment which was believed to be rented by Ryan Jackson's father. (Tr. 48-49).

At some point, Task Force Officer ("TFO") Hutchens received a tip that Ryan was at 498 Center Hill.¹ (Tr. 50). Upon receiving the tip, TFO Hutchens looked up theaddress and learned that it was occupied by Defendant Christopher Jackson, who used the 498 Center Hill Avenue address on his driver's license and was Ryan Jackson's brother. (Tr. 50, 71). TFO Hutchens did not know whether Ryan Jackson resided there and Ryan Jackson was not been listed in any of the documentation TFO Hutchens could locate for the property. (Tr. 71, 73). Yet, TFO Hutchens thought Ryan Jackson might be at the residence because in his experience, he rarely found fugitives where they sleep. (Tr. 78-79). TFO Hutchens had also viewed social media postings by Ryan Jackson which showed Ryan Jackson on the porch, as well as inside the interior of the home. (Tr. 53).

On the morning of August 12, 2015, TFO Hutchens began conducting surveillance of 498 Center Hill from about thirty-five to forty yards away. (Tr. 51-52). That morning, TFO Hutchens observed someone who he thought met the description for Ryan Jackson, arrive in a car during and enter the residence at 498 Center Hill. (Tr. 52-53, 74). TFO Hutchens did not seek information about the license tag of the car in which the suspect had arrived. (Tr. 74). The arriving suspect had a light complexion, tattoos, was about 6 feet, 4 or 5 inches tall and appeared to weigh approximately 230 or 240 pounds. (Tr. 52, 93). The description of Ryan Jackson within the arrest warrant indicated that Ryan was 6 feet, 4 inches, and approximately 225 pounds, African-American, with brown eyes and black hair. (Tr. 52-53, Gov't's Ex. 1). In thephotograph the Government had on file, Ryan Jackson appeared to be an African-American male with short hair and light-skin. (Tr. 48, 53; Gov't's Ex. 2).

After seeing who he believed to be suspect Ryan Jackson, TFO Hutchens requested assistance from other Marshals to meet him at a location close to 498 Center Hill so that he could brief them and then return to the house to arrest Ryan Jackson. (Tr. 54, 72-73 (explaining that TFO Hutchens called for a team to "hit the house" because he saw the person resembling Ryan Jackson at the house that morning). TFO Hutchens left his surveillance post for approximately forty-five minutes and then returned with a group of sworn U.S. Marshals. (Tr. 54-55). TFO Hutchens testified that he could not have another officer replace him to continue surveillance during that forty-five minute period because the street from which he was observing is small and there was no way to get another person to take his place without being seen. (Tr. 81). TFO Hutchens felt he could not risk someone watching, seeing another car come in there, and Ryan taking off. (Tr. 81-82).

Following the briefing, approximately ten Marshals arrived at 498 Center Hill Avenue. (Tr. 82). Although there were cars still in the driveway at the time the police arrived, TFO Hutchens does not recall whether the car the suspect had arrived in remained at the residence. (Tr. 76-77). TFO Hutchens states that multiple cars came and went from the residence during his period of surveillance. (Tr. 77).

The Marshals placed a perimeter around the house to make sure no one jumped out of the windows and ran. (Tr. 55). The entry team, consisting of seven or eightofficers, climbed the stairs at the front entry of 498 Center Hill Avenue with TFO Hutchens. (Tr. 55). About ten minutes after their arrival, the group of officers knocked and announced their presence. (Tr. 76). Because the front door was recessed several feet and only one officer could fit at the entry, TFO Hutchens knocked on the side of the house close to the front door. TFO Hutchens states that the officers "identified [themselves] as police and requested someone to come and open the door." (Tr. 56).

Defendant, who had similar skin tone as Ryan Jackson, opened the door. (Tr. 56-58). TFO Hutchens thought that the person could be Ryan Jackson, but had a feeling that it was not Ryan Jackson when he saw Defendant's dreadlocks because Ryan Jackson had short hair in all of the photos TFO Hutchens had seen. (Tr. 56-58, 68-70). Nevertheless, TFO Hutchens still thought Ryan Jackson was inside because he had information that Ryan Jackson sometimes went to the residence, Ryan Jackson's brother (Defendant) claimed the address on his driver's license, Ryan Jackson had posted photos of himself at 498 Center Hill on social media, and the person he saw enter the home earlier matched the description for Ryan Jackson. (Tr. 71-73, 78).

Defendant stood in the middle of the doorway, but slammed the door less than two seconds later. (Tr. 58, 99). TFO Hutchens testified that at that time, he smelled marijuana.² (Tr. 58). TFO Hutchens states that after Defendant closed the door, hisinitial thoughts were that Ryan Jackson was in the house and that he was collecting weapons to engage the officers, to barricade himself, or to hide in other parts of the house. (Tr. 59). Thus, TFO Hutchens was concerned for the safety of the officers. (Tr. 59).

B. The Officers Ram the Door and Perform a Security Sweep of the Residence

Approximately nine minutes after the officers knocked on the door and announced their presence, the officers breached the front door with a ram. (Tr. 59, 67, 77-78). TFO Hutchens states that the officers could see into the residence and observed multiple people "running left, right, [and] all over the house." (Tr. 59). The officers then called to the interior, "Hey, this is the police, come out to us." (Tr. 59). Several of the occupants filed out of the home where the police made contact with them on the porch. (Tr. 60). Defendant eventually came outside. (Tr. 60). Each of the occupants were secured with handcuffs away from the front porch. (Tr. 62). The officers never saw the individual who TFO Hutchens thought met the description of Ryan Jackson. (Tr. 68).

After TFO Hutchens reached the point where he believed that no other individuals would be leaving the...