U.S. v. CURTIS

R. ALLAN EDGAR, Chief District Judge

On June 20, 2003, this case came before the Court on the following motions filed by defendant William Curtis, Jr.:

(1) Motion to suppress search of vehicle [Court File No. 101];

(2) Motion to suppress evidence from the defendant's home [Court File No. 103].

The Court received testimony from various witnesses, and makes the finding of fact and conclusions of law set forth hereinafter.

On February 24, 2003, local and state drug task force officers obtained a federal search warrant for the premises of Patrick and Patricia McCurry in Cleveland, Tennessee. On March 1, 2003, a confidential informant was told by Patricia McCurry on the telephone that her source for methamphetamine was then at her home — whereupon the task force immediately executed the warrant. When the officers entered the home, they found and detained Patricia McCurry, Patrick McCurry, William Curtis, Jr., and two other. Upon searching the house, the officers found what was later determined to be methamphetamine wrapped in a diaper; and another bag of suspected methamphetamine wrapped in child's undergarments. The occupants of the house were then taken into custody. Patricia McCurry told task force officers that William Curtis, Jr. had supplied the methamphetamine, and that a green Nissan Pathfinder SUV parked in the yard, belonged to defendant Curtis. The keys to the Pathfinder were found on Curtis' person, and when the officers "ran" the vehicle tag over the radio, it came back as registered to Mr. Curtis. Although the search warrant specifically authorize the search of vehicles on the property, the officers went to the Pathfinder and looked inside. Through the windows they observed another diaper (like the one inside the house) and some ziplock baggies. By this time Officer Gary Bowman had arrived with his drug dog, "Deke." Bowman and Deke are fully certified by the National Narcotic Detector Dog Association, Inc. Deke is the most experienced of three dogs owned by the Cleveland, Tennessee Police Department. Bowman walked Deke around the Pathfinder, and the dog alerted to the passenger door area. Task force officers then searched the Pathfinder, finding the items that they had previously observed plus a .380 caliber semi-automatic loaded pistol. Later that evening, Cleveland, Tennessee Police Department Detective Duff Brumley, after executing another search warrant, went with an additional officer to defendant Curtis' residence on Straw Hill Church Road, a rural area in Cleveland. By this time it was approximately 1:00 a.m. on March 2, 2003. There was light on inside the house, and the officers knocked on the front door. Getting no answer, Brumley proceeded to cross a part of the lawn and around the house to the back door. He was required to use a flashlight. When Brumley approached the back door, he observed glass jars attached to hoses and a gallon of camping fuel. He knew from his experience that this was a part of a methamphetamine laboratory. Brumley and the other officer then exited the property and went to obtain a search warrant. Some 30 minutes later Brumley executed an affidavit for a search warrant for Curtis' residence before a state judge. In this application, Brumley recited some of what he and the other officers had learned at the McCurry residence as follows:

During the investigation that led up to the seizure of one pound of methamphetamine, Patricia McCurry advised a confidential source that a quantity of methamphetamine had been delivered to her residence, and that the supplier was still present. At this time, a search warrant, issued by United States Magistrate Judge Bill Carter, was executed at the McCurry residence, and present was Bill Curtis, Jr. During interviews that followed, Patricia McCurry and others present at the location advised Bill Curtis, Jr. had arrived with the methamphetamine law enforcement personnel had located during the search.

Brumley also recited the recent events at Curtis' home in part as follows:

And after several attempts by Special Agent Freeman and Agent Frost to make contact with someone at the front door, Detective Jenkins and your afiant walked to the rear of the residence to knock on the back door in an attempt to make contact with any parties that have been inside the house. As Detective Jenkins and your afiant approached the back door of the house, two glass jars were observed sitting amongst several Mason jars. Both the jars had pieces of plastic hosing attached to them. Through training and experience, your afiant is familiar that methamphetamine "cooks" in fashion gas jars and containers in this manner in order to "gas off" in one of the final process of methamphetamine manufacturing. A gallon size camping fuel contained was also located amongst the Mason jars. Through training and experience, your afiant knows this to be a necessary catalyst precursor in methamphetamine manufacturing.

The state judge issued the warrant, and upon its execution officers found a considerable number of items connected with the manufacture of methamphetamine.