471 F. App'x 499
6th Cir.
2012
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Background

  • Henderson, Lewis, and Taylor were convicted of conspiracy to distribute PCP; Lewis and Taylor also convicted of possession with intent to distribute PCP; Henderson convicted of conspiracy and felon-in-possession of ammunition.
  • A Cleveland-area drug task force investigated Henderson since 2003–2005 for involvement in a California-to-Ohio PCP distribution pipeline; Henderson registered at Extended Stay America in Brooklyn, Ohio in January 2007 while living in nearby Cleveland and had an active felony warrant.
  • On January 11, 2007, surveillance tied Henderson to Room 106 and linked Lewis to that room; Henderson was arrested at a road stop, Madden was detained, and cash and drugs were later found in Madden’s home during a search.
  • A search of Madden’s Wynde Tree Residence yielded PCP, marijuana, cash, weapon-related items, and other contraband; Henderson gave a signed statement and Lucas prepared reports describing his statements and involvement with Taylor and Lewis.
  • Law enforcement later stopped and arrested Lewis and Taylor in a silver minivan; marijuana was observed, a room key was found in Lewis’s pocket linking to Room 106, and a search warrant for Room 106 was issued based on an affidavit tying Henderson, Lewis, and Taylor to drug trafficking.
  • Seven one-liter bottles of PCP were found in Room 106, along with other evidence; subsequent motions to suppress were denied, and a severance was granted to allow Henderson’s statements to be used against him without Bruton problems.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Fruits of an illegal search suppressible? Henderson argues Lucas’s statements about Lewis/Taylor are tainted fruits of the illegal home search. Henderson contends attenuation should remove taint; statements were prompted by ongoing investigation, not the search. No reversible error; statements independent from the unlawful search.
Was the minivan stop valid? Lewis and Taylor challenge the stop as lacking reasonable suspicion or probable cause. Authorities had ongoing criminal activity and observed drug use, supporting stop. Probable cause and reasonable suspicion supported the stop and arrests; stop lawful.
Probable cause for arrest/search of the minivan and Room 106? Lewis/Taylor challenge probable cause for arrest and minivan search and for Room 106 warrant. Evidence did not sufficiently link them to drug trafficking or Room 106. Probable cause supported arrests and search; nexus to Room 106 found and sustained.
Sufficiency of evidence for Henderson’s and Taylor’s conspiracy convictions Taylor/Henderson argue insufficient proof of conspiracy. Evidence failed to show Taylor’s possession and conspiracy link to Room 106. Evidence sufficient; Taylor constructively possessed PCP and conspired; Henderson similarly connected.
Materiality of impeachment evidence under Brady/Giglio Defendants allege Brady/Giglio required disclosure of Lucas impeachment material. Lucas impeachment material was favorable and material, warranting new trials. No Brady/Giglio prejudice; undisclosed material not material to suppression hearings or verdicts; new-trial motions denied.

Key Cases Cited

  • New York v. Harris, 495 U.S. 14 (1990) (fruits-of-the-poisonous-tree attenuation framework)
  • United States v. Gross, 662 F.3d 393 (6th Cir. 2011) (clear-error/factual findings and de novo legal review in suppression)
  • Michigan v. DeFillippo, 443 U.S. 31 (1979) (probable cause standard for arrests)
  • United States v. Blair, 524 F.3d 740 (6th Cir. 2008) (split on vehicle stops; reasonable suspicion vs. probable cause)
  • Simpson v. United States, 520 F.3d 531 (6th Cir. 2008) (ongoing-crime stops governed by reasonable suspicion)
  • United States v. McPhearson, 469 F.3d 518 (6th Cir. 2006) (lack of nexus to search warrant when no drug-traffic connection)
  • United States v. Gardner, 488 F.3d 700 (6th Cir. 2007) (conspiracy elements and slight connection enough for participation)
  • United States v. Douglas, 634 F.3d 852 (6th Cir. 2011) (materiality of Brady impeachment evidence; corroboration matters)
  • Bagley v. United States, 473 U.S. 667 (1985) (Brady evidence standard; favorable and material)
  • Giglio v. United States, 405 U.S. 150 (1972) (impeachment evidence is material for due process)
  • Novaton, 271 F.3d 968 (11th Cir. 2001) (credibility concerns with a testifying officer in Brady context)
  • Phillip, 948 F.2d 241 (6th Cir. 1991) (Brady material may be information that leads to admissible evidence)
  • Kyles v. Whitley, 514 U.S. 419 (1995) (materiality assessed collectively; not item-by-item)
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