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Hamilton, Judge No. The trial court sentenced him to an effective sentence of fifteen years in the Tennessee Department of Correction. On appeal, the Defendant contends that the trial court erred when it denied his motion to suppress evidence that he says was obtained pursuant to an invalid search warrant. Ronald G. Freemon, Columbia, Tennessee, for the appellant, Ricardo Davidson.
One of the two cars was registered to Dana Malave. Upon opening the package, officers discovered that it contained illegal narcotics, and they resealed the package for a controlled delivery.
In this case, State and local officers, based on reliable information from fellow officers in California, began an investigation. He said that he used plastic wrap to wrap motors, columbi he used plastic bags to organize motorcycle parts. The officers used a K-9 drug dog, trained as a drug detector, to identify whether the package may, in fact, be emanating odors of narcotics. The Defendant filed a motion to suppress the evidence obtained as a result of the search warrants.
Defense counsel assumed that the address for which they obtained the search warrant was the address to which the UPS package was addressed, but defense counsel argued that nothing in the affidavit alleged that fact. The Defendant confirmed that Coleman brought a blue tote to his house on July 2,saying he would return shortly to retrieve it.
The Defendant said Malave told him the tote smelled and asked him to remove it. Malave claimed that neither she nor the Defendant knew the contents of the tote. The Defendant does not appeal the sufficiency of the evidence supporting his convictions, limiting his appeal to whether the trial court erred when it denied his motion to suppress, so we will briefly summarize the facts presented at trial in the light colukbia favorable to the State.
Once the box was delivered, officers tebnessee a search warrant on the residence and the outbuilding where the Defendant had taken the box. The address was listed as Mooresville Pike in Columbia, Tennessee. We agree with the State. No matter where your home or business is located, there is an AmeriGas location nearby dedicated to providing quality service ensuring you are never without the propane you need.
And the magistrate had probable cause, based on what was contained within the four corners of the second. The parties offered the trial court arguments based upon the warrants.
zip code to find locations and offices near you. He explained that he used scales to weigh nitrous oxide, which he used to make motorcycle engines faster. He said that he was present on July 3,when the suspicious box was opened at the UPS facility. In this case, the package had to be delivered to the house before the warrant could be executed.
The State conceded that the affidavit supporting the search warrant never specifically stated that the address that law enforcement officers sought to search was the same address as that listed on the UPS package. There, the Defendant approached him and said that the package belonged to him. He said that he was waiting for someone to come and pick it up.
Based upon this evidence, a jury convicted the Defendant of possession of more than grams of cocaine with intent to sell within a Drug Free School Zone, possession of over ten pounds of marijuana with intent to sell within a Drug Free School Zone, conspiracy to possess over grams of cocaine within a Drug Free School Zone, and conspiracy to possess and deliver over ten pounds of marijuana in a Drug Free School Zone.
They had gone far enough to investigate the vehicles and who those vehicles were registered to at that address, and naming people that they believed to be living there, based on their investigation, and that they had reason to 4 believe, based on their experience, which I think people with sufficient experience may state opinions, in court, and certainly in search warrants.
The Defendant offered evidence that he raced motorcycles locally and also fixed them in his shop. Defense counsel noted that this case involved a suspicious UPS package that was opened, and, based upon its contents, law enforcement officers obtained a search warrant. Davidson are the current residen[ts] at Mooresville Pike, and they are who the said package is intended to be delivered. That investigation was of a package addressed to Mooresville Pike, they first p[erus]ed the interior of the package to confirm whether it did contain controlled substances, and they confirmed at least one controlled substance in the package before we sought the second warrant, and performed then the delivery and the eventual execution of that second warrant.
If the magistrate has the authority to also consider what he did an hour and 35 minutes earlier, atbefore the second warrant, there is even stronger proof that Jerry Fryson. The letters, written in April and August cllumbia, were read into evidence and seemingly discussed some illicit activity. Coleman had been arrested on several occasions for drug related activity in both Tennessee and California.
Analysis The Defendant contends that the trial court erred when it denied his motion to suppress items discovered during the execution of the search warrant.
And colymbia they had tenndssee reason to believe that Mr. The trial court sentenced him to an effective sentence of fifteen years in the Tennessee Department of Correction. Facts A. Coleman had purchased a motor bike from the Defendant, and on July 2,Coleman was at their house intermittently, leaving and returning several times. Search for a location:. Robert E. Dana Malave testified that she and the Defendant had three children and that, in Julythe Defendant worked on motorbikes out of a shed at their home.
As the nation's largest provider of propane, AmeriGas services all 50 states. They were to be delivered by UPS, and, when the UPS man arrived, he assumed the box contained the parts he was anticipating. Coleman, however, never returned to gennessee the tote. After obtaining a search warrant to open the package, the officers discovered it contained drugs. Cooper, Jr.
They just prohibit tennesseee searches and seizures. On cross-examination, Officer Perez testified that he attempted to determine whether Jerry Fryson was a real person. Finally, he asserts that the affidavit accompanying the warrant contains misleading information.
He said he did not personally identify who lived at that address, and he was not involved further in the investigation until after the execution of the second search warrant. I believe you can make reasonable inference from the facts stated, and the facts stated here are that they anticipate delivering this box to and that these two defendants are the occupants of that residence.
The Defendant told her that Coleman had left the tote and would return later that evening to retrieve it. Odom, S.
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