United States District Court, S.D. Ohio, Western Division, Dayton
ENTRY AND ORDER DENYING MOTIONS TO SUPPRESS (DOCS.
37, 38, 40)
M. ROSE UNITED STATES DISTRICT JUDGE.
case is before the Court on the Motions to Suppress (Docs.
37, 38) filed by Defendants Donald Smith
(“Smith”) and Salathiel Goodson
(“Goodson”) and joined by Defendant Donald
Jenkins-Mills (“Jenkins-Mills”) (Doc. 40). Smith,
Goodson and Jenkins-Mills were indicted for knowingly and
intentionally conspiring to possess with intent to distribute
in excess of 500 grams of a mixture or substance containing a
detectable amount of methamphetamine, its salts, isomers, or
salts of its isomers, in violation of 21 U.S.C. §
841(a)(1), (b)(1)(A)(viii) and § 846. (Doc. 21.)
moves to suppress all evidence seized, pursuant to a search
warrant, from a residence at 51 Glenwood Avenue, Dayton,
Ohio. Smith argues that suppression is warranted because (1)
although there may have been probable cause to search the
residence for certain specific packages known to contain
contraband, law enforcement did not have probable cause to
search the entire residence, and (2) the search warrant is
overly broad in light of the supporting affidavit's
moves to suppress all evidence seized from the search of a
2008 Jeep Commander SUV. Goodson was driving the SUV when he
was stopped for speeding and subsequently the SUV was
searched. Goodson argues that the officers who searched the
vehicle did not have any reasonable suspicion or probable
cause justifying Goodson's detention and the search of
22, 2017, the Court held a hearing on the Motions to
Suppress. (Doc. 44.) Smith then filed a memorandum in support
of his Motion to Suppress, which Jenkins-Mills joined. (Docs.
47, 48.) Goodson declined to file a post-hearing memorandum.
The Government responded to Smith's memorandum, in
response to which Smith filed a reply. (Docs. 49, 51.) This
matter is now fully briefed and ripe for the Court's
reasons below, the Motions to Suppress are
FINDINGS OF FACT
parties do not dispute the facts, although they dispute their
legal significance. The following findings are made based on
the testimony and exhibits submitted by the parties at the
June 22, 2017 hearing on the Motions to Suppress.
January 17, 2017 Search of Goodson's
Tuesday, January 17, 2017, Trooper Joseph M. Weeks of the
Ohio Highway Patrol was assigned as a Task Force Officer
(“TFO”) to the Miami Valley Bulk Smuggling Task
Force (“MVBSTF”). (Doc. 44 at 7-8, 17 &
20-21). At approximately 10:09 AM, Trooper Weeks observed a
2008, silver Jeep Commander SUV traveling in excess of the
posted speed limit southbound on Interstate 75 in violation
of Ohio Rev. Code § 4511.21D. (Id. at 8-9,
20-21, 27-28; Gov't Ex. 1). Trooper Weeks therefore
initiated a traffic stop on the SUV. (Id.)
Trooper Weeks approached the SUV, he detected a strong odor
of marijuana emanating from its interior. (Doc. 44 at 11,
23). When Trooper Weeks asked the driver to produce his
license, he told Trooper Weeks that he was not a valid
driver. (Id. at 10). Trooper Weeks asked the driver
to exit his vehicle, at which time the driver said that he
had a small amount of marijuana on his person and a marijuana
cigar inside the vehicle. (Id. at 10-12). No one
else was in the SUV.
Weeks determined that the driver of the SUV was Defendant
Robert C. Goodson of 5125 Norris Drive, Dayton, Ohio 45414.
(Id. at 9-10; Gov't Ex. 1). Due to Goodson's
admitted possession of marijuana, Trooper Weeks and TFO Ray
Swallen conducted a probable cause search of the SUV.
(Id. at 11-13, 22-23). During the search, TFO
Swallen observed a DVD player in a box stored in the
vehicle's third row seat area. (Id. at 12-13,
24-25). Goodson also had approximately $2, 000 in U.S.
currency in his front pocket. (Id. at 18, 25-26).
Trooper Weeks seized the marijuana on Goodson's person
and the marijuana cigar discovered inside the vehicle.
(Id. at 24; Gov't Ex. 2.)
the search, Trooper Weeks issued Goodson a warning for his
traffic infraction and a citation for his possession of
marijuana. (Doc. 44 at 14-15, 22; Gov't Exs. 1, 2.)
January 23, 2017 Search of 51 Glenwood ...