United States District Court, W.D. Kentucky, Louisville Division
MEMORANDUM OPINION AND ORDER
THOMAS
B. RUSSELL, SENIOR JUDGE.
In
2016, a federal grand jury returned a fourteen count
indictment against Jamaule Hollis and John G. Tomes for their
alleged involvement in a drug trafficking
conspiracy.[1]The indictment resulted from a joint
investigation involving at least four separate
law-enforcement agencies which, over the course of the
investigation, obtained and executed six search warrants
related to Tomes. Through two separate motions and a
supplemental brief, Tomes seeks to exclude all evidence
gathered during the execution of those search warrants. He
mounts a multifaceted attack against the validity of the
warrants, primarily arguing that none of the supporting
affidavits established the probable cause required by the
Warrant Clause of the Fourth Amendment. Ultimately, the Court
finds no defect of constitutional importance with any of the
searches at issue. Therefore, Tomes's First Motion to
Suppress, [R. 66], and Second Motion to Suppress, [R. 68],
are DENIED.
I.
A.
In
2016, a confidential source informed the Jeffersontown Police
Department that Jamaule D. Hollis was actively trafficking
large amounts of crystal methamphetamine in Jefferson County,
Kentucky. [R. 75-2 at 4 (Detective Presley's Affidavit).]
Following up on that tip, Detective Steven N. Presley of the
Jeffersontown Police Department, along with officers from the
Louisville Metro Police Department (LMPD) and agents from the
U.S. Drug Enforcement Agency (DEA) and Bureau of Alcohol,
Tobacco, Firearms and Explosives (ATF), began surveilling
Hollis as part of a joint investigation. [Id. at
4-5.]
While
surveilling Hollis's residence on August 17, officers saw
a blue Ford Taurus registered to John Tomes arrive.
[Id. at 5.] After a few minutes, the vehicle left
and traveled to an apartment building located at 5202 Marty
Lane in Louisville, Kentucky. [Id.] Detective
Presley watched an individual, later identified as Tomes,
enter the apartment building and return to the vehicle
shortly thereafter. [Id.] Tomes then drove back to
Hollis's home, stayed for a brief period, and then left
again. [Id.]
Following
that exchange, law-enforcement officers tailed Hollis as he
left home and drove into downtown Louisville. [Id.]
There, officers observed Hollis conduct several suspected
drug transactions. [Id.] Shortly after witnessing
the alleged sales, LMPD officers effectuated a traffic stop
of Hollis's vehicle, which had previously been reported
stolen. [Id.] The LMPD officers located multiple
ounces of crystal methamphetamine on Hollis's person.
[Id.]
During
an on-scene interview, Hollis gave a statement to Detective
Presley and Special Agent Milton Galanos of the DEA.
[Id. at 5-6.] In that statement, Hollis identified
Tomes as the person whom supplied him earlier that same day
with the crystal methamphetamine. [Id.] Hollis
reported that Tomes used the apartment located at 5202 Marty
Lane as a “stash house” for illicit drugs, money,
and firearms. [Id. at 6.] He had been to that
apartment within the past twenty-four hours and saw multiple
pounds of methamphetamine and heroin inside. [Id.]
Armed with that information, Detective Presley ran
Tomes's name through law-enforcement databases and
discovered that Tomes had been convicted for trafficking in
narcotics before. [Id.]
The
next day, Detective Presley applied for a warrant to search
the Marty Lane apartment in order to seize crystal
methamphetamine
and any other substances in violation of KRS 218A. The scope
of the search should also include any items to cut, weigh,
measure, or package such substances; any items used to
protect, transport or conceal said substances; all monies,
property, equipment, weapons, records, tax returns,
photographs, records indicia of occupancy residency or
ownership; any records detailing earnings, net worth or any
evidence of money laundering; and, all items derived from the
[sale], use, transfer, storage, shipping, [or] handling, of
such illegal controlled substance . . . .
[R. 75-2 at 1 (Search and Seizure Warrant).] A state court
judge issued the warrant, which Detective Presley executed on
August 18. [Id. at 2.] Among other things,
law-enforcement officers seized a firearm, several pounds of
methamphetamine, and a hydraulic press, which large-scale
narcotics traffickers typically use to package significant
quantities of narcotics. [R. 73-1 at 12-13, ¶ 5(c)
(Special Agent Maniff's Affidavit).] The officers also
observed mail addressed and identification belonging to Tomes
in the apartment. [Id. at 13, ¶ 5(d).]
On
September 7, a federal grand jury returned a fourteen count
indictment against Hollis and Tomes, charging both with
conspiracy to possess with intent to distribute large
quantities of methamphetamine and heroin, along with
firearm-related charges. [R. 11 at 1-7 (Indictment).]
Law-enforcement officers promptly arrested Hollis in
Kentucky. [R. 5 at 1 (Arrest Warrant Return).] Although Tomes
was more difficult to apprehend, Special Agent Jonathan
Maniff of the ATF, accompanied by additional agents, arrested
him in California on September 20. [R. 73-1 at 14, ¶ 8.]
When Tomes was taken into custody, federal agents recovered
four cellphones and approximately $5, 000 on his person.
[Id.]
B.
Through
conversations with Special Agent Ryan N. Molinari of the ATF,
Special Agent Maniff learned about the large quantities of
narcotics seized at the Marty Lane apartment in Kentucky.
[Id. at 12-13, ¶ 5(c).] Special Agent Maniff
became aware that two cellphone numbers associated with Tomes
had been in contact with telephone numbers belonging to
suspected narcotics traffickers. [Id., ¶ 5(b),
(e).] Special Agent Maniff knew that drug traffickers
frequently used multiple cellphones to communicate with
customers and suppliers and to take photographs of drugs,
cash, and firearms. [Id. at 15-17, ¶ 10.] Based
on that information, along with his training and experience,
Special Agent Maniff applied for warrants to search
Tomes's four cellphones. [Id. at 10-11,
¶¶ 1-2.] The warrants sought to seize call log
information, address book information, text messages, e-mail
communications, audio and video recordings, and images
relating to violations of 18 U.S.C. § 922(g)(1) (felon
in possession of a firearm); 21 U.S.C. § 841(a)(1)
(manufacture or distribution of a controlled substance, or
possession with intent to manufacture, distribute, or
dispense a controlled substance); 21 U.S.C. § 846
(conspiracy to manufacture, distribute, or dispense, or
possess with intent to manufacture, distribute, or dispense a
controlled substance) . . . .
[Id. at 3-4, ¶ 1.]
Magistrate
Judge Patrick Walsh issued the four warrants on September 22.
[See R. 73-1 at 1 (Search and Seizure Warrant); R.
73-2 at 1 (Search and Seizure Warrant); R. 73-3 at 1 (Search
and Seizure Warrant); R. 73-4 at 1 (Search and Seizure
Warrant).] Upon execution, Special Agent Maniff discovered
conversations in which Tomes coordinated the purchase of a
firearm as well as suspected narcotics transactions. [R. 75-
3 at 12, ¶ 12 (Special Agent Molinari's Affidavit).]
He relayed that information to Special Agent Molinari in
Kentucky. [Id.]
C.
Meanwhile,
a few days prior to Tomes's arrest, Special Agent
Molinari had identified, through law-enforcement databases,
an apartment located at 9400 Deerfoot Trace in Prospect,
Kentucky as an address possibly associated with Tomes.
[Id. at 11, ¶ 11.] Special Agent Galanos
obtained the lease for the apartment on September 21, which
listed Yvonne Tomes, the mother of John G. Tomes, as the
lessee. [Id.] The following week, Special Agent
Molinari and Special Agent Galanos attempted to interview
Mrs. Tomes at the residence twice, but no one came to the
door. [Id. at 12, ¶ 13.] From outside the
apartment, however, the agents saw a blue sedan matching the
description of Tomes's vehicle in the garage attached to
the apartment. [Id.]
In
addition, the agents interviewed an unnamed source (the
identity of whom Special Agent Molinari revealed to the
magistrate judge) with reliable firsthand knowledge of
activity in and around the Deerfoot Trace apartment.
[Id. at 12-13, ¶ 13.] Sometime in mid-August,
the unnamed source noticed a black male who matched
Tomes's description, along with an older black woman, at
the apartment complex. [Id.] The woman identified
the man as her son whom, ostensibly, was helping her move
into the apartment. [Id.] The unnamed source had not
seen the woman since that day. [Id. at 13, ¶
13.] Two weeks later, however, the unnamed source saw the
black male moving things into the apartment from a blue
sedan. [Id.] After speaking with the unnamed source,
Special Agent Molinari inquired as to Mrs. Tomes's
current address. [Id., ¶ 14.] From those
inquiries, he learned that her driver's license listed
Fishers, Indiana as her current residence. [Id.] ...