United States v. Savoy
889 F. Supp. 2d 78
D.D.C.2012Background
- FBI Safe Streets Task Force investigated 4200 block of Fourth St. SE, DC, for cocaine distribution; confidential informant conducted controlled crack buys from Scurry (Nov 2009–Mar 2010) and wiretap warrants were obtained for Scurry, Hudson, Savoy, Johnson; several defendants and co-defendants faced third superseding indictment charging conspiracy and substantive counts; prior narcotics records and undercover evidence supported warrants; police sought eight MD locations, DC locations, and three Scurry vehicles; motions to suppress wiretaps were denied in 2012, and these pre-trial motions now address physical searches, statements, and related relief; the court DENIED most suppression motions but GRANTED Hudson’s suppression of statements; the government’s Rule 609 motion to impeach has not yet been ruled on.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Probable cause and standing for searches of residences | Hudson, Savoy, Scurry lacked probable cause; Scurry lacked standing; evidence stale concerns. | Hudson/Savoy/Scurry contend warrants lacked nexus and timeliness; Scurry argues lack of standing. | Probable cause and standing established; Leonard good-faith exception applicable; suppression denied for most searches. |
| Leon good-faith exception applicability | If probable cause was weak, good-faith reliance should not save the warrants. | Leon should not save warrants where affidavit lacked indicia of probable cause. | Leon good-faith exception applies; suppression not required for most warrants. |
| Hudson statements and Miranda custody | Statements were voluntary and/or not custodial; Miranda warnings not required. | Statements obtained during in-home, custodial interrogation without Miranda should be suppressed. | Hudson’s statements suppression granted under Miranda; physical fruits may be admitted. |
| Pretrial 404(b) notice and conspiracy evidence | Defendants need advance notice of 404(b) evidence to prepare; risk of unfair prejudice. | Requests for pretrial notice should be granted. | Not entitled to additional pretrial 404(b) notice beyond government’s disclosures; evidence deemed intrinsic. |
| Discovery and witness information ( informants, immunity) | Defendant Scurry needs informant identities for defense preparation. | Withholding informant identities prejudices defense; Jencks material forthcoming. | Not entitled to broad pretrial disclosure; Jencks material to be supplied; limited disclosure denied. |
Key Cases Cited
- United States v. Gates, 462 U.S. 213 (1983) (probable cause requires totality of circumstances; nexus between activity and place)
- United States v. Leon, 468 U.S. 897 (1984) (good faith exception to exclusionary rule)
- United States v. Johnson, 437 F.3d 69 (D.C. Cir. 2006) (prior drug involvement may support probable cause)
- United States v. Spencer, 530 F.3d 1003 (D.C. Cir. 2008) (heightened deference to magistrate’s probable cause determination)
- United States v. Bruner, 657 F.2d 1278 (D.C. Cir. 1981) (staleness considerations in continuing conspiracies)
- United States v. Laws, 808 F.2d 92 (D.C. Cir. 1986) (officer experience can support probable cause)