183 F.Supp.3d 1348
M.D. Ga.2016Background
- At ~12:00 AM on Sept. 17, 2015 a confidential informant (CI) told Detective Khan that Terrence Cartwright (a known convicted felon) had a firearm and was at 608 S. Jefferson St.; Khan had prior, face-to-face contact with the CI and had used the CI’s information successfully before.
- Khan relayed the tip to other Milledgeville officers; surveillance placed Cartwright outside that address about 1:00 AM.
- Officer Chapple approached Cartwright without lights/siren; Sergeant McNeely arrived, smelled a strong odor of marijuana, and twice ordered Cartwright to place his hands on his head; Cartwright admitted he had a little marijuana.
- During a lawful pat-down, Chapple felt and recovered a handgun from Cartwright’s waistband; later searches incident to arrest produced a small scale and packaged marijuana.
- Cartwright was indicted for being a felon in possession of a firearm (18 U.S.C. §§ 922(g)(1), 924(a)(2)); he moved to suppress the gun, drugs, and his statements and sought disclosure of the CI’s identity.
- The district court held an evidentiary hearing, found the officers’ testimony credible, and denied the motions to suppress and to compel disclosure of the CI.
Issues
| Issue | Plaintiff's Argument (Gov’t) | Defendant's Argument (Cartwright) | Held |
|---|---|---|---|
| Lawfulness of stop based on CI tip | CI was reliable (face-to-face contact, prior accurate tips, corroboration), providing reasonable suspicion | CI tip lacked sufficient indicia of reliability (analogous to anonymous tip in J.L.) | Denied suppression: CI tip had sufficient indicia of reliability and was corroborated by surveillance, supplying reasonable suspicion |
| Lawfulness of stop based on odor of marijuana | Officers smelled pungent marijuana, supplying objective basis for stop/search | Odor could not have been objectively observed prior to detention (packaging, timing) | Denied suppression: court credited officers’ testimony; smell provided probable cause/added reasonable suspicion |
| Admissibility of statements (Miranda) | Statements were volunteered or made during a non-custodial Terry stop; Miranda not required | Plaintiff was in custody when told to put hands on head and should have received Miranda warnings; statements therefore inadmissible | Denied suppression: encounter was not custodial for Miranda purposes; statements were voluntary/not elicited by interrogation |
| Disclosure of CI identity | Government need not disclose when CI is not a trial witness and identity is sought only to challenge probable cause/stop | CI identity is needed to test CI reliability and to support a justification defense | Denied: Roviaro balancing disfavors disclosure where CI’s identity only challenges preliminary reasonable-suspicion/probable-cause issues |
Key Cases Cited
- Terry v. Ohio, 392 U.S. 1 (establishes stop-and-frisk / reasonable suspicion standard)
- Florida v. J.L., 529 U.S. 266 (anonymous tip that a person is carrying a gun is insufficient without corroboration)
- Roviaro v. United States, 353 U.S. 53 (informant-identity disclosure balancing test)
- Whren v. United States, 517 U.S. 806 (objective basis for stop measured by circumstances, not officer’s subjective intent)
- Miranda v. Arizona, 384 U.S. 436 (custodial interrogation requires Miranda warnings)
- United States v. Heard, 367 F.3d 1275 (11th Cir.) (face-to-face tip can supply sufficient indicia of reliability)
- Ortega v. Christian, 85 F.3d 1521 (11th Cir.) (factors for informant reliability: basis of knowledge, past reliability, statements against penal interest, independent corroboration)
- United States v. Lueck, 678 F.2d 895 (11th Cir.) (odor of marijuana can supply probable cause)