United States District Court, N.D. Ohio, Eastern Division
OPINION AND ORDER
Christopher A. Boyko United States District Judge.
matter comes before the Court upon the Motion (Doc. 11) of
Defendant Diablo Tate to Suppress evidence seized from his
residence because the search violated the Fourth Amendment.
For the following reasons, the Court DENIES
August 29, 2018, neighbors notified the Euclid Police
Department about “suspicious drug activity”
occurring at 19051 Genesee Avenue, Euclid, Ohio (the
“Property”). The neighbors specifically
complained of the constant traffic of persons going into the
house and exiting a short time later. Finally, the neighbors
identified the owner of the Property as Defendant.
then began to corroborate the information. On September 24,
2018, detectives conducted a trash pull from the Property.
From the trash pull, investigators uncovered drug packaging
material, seven vacuum-sealed bags with marijuana residue,
marijuana stems, five marijuana roaches and various paperwork
and packaging material bearing Defendant's name.
the last week of September 2018, police conducted
surveillance of the Property. They observed vehicle traffic
during the early morning hours at the address. The occupants
of the vehicles would enter the Property and return to their
cars soon after. Based on the training and experience of the
detectives, this activity was consistent with drug
October 1, 2018, investigators conducted a second trash pull.
The second trash pull produced miscellaneous mail to
Defendant, three vacuumed-sealed bags with marijuana residue,
three marijuana roaches and a plastic bag containing edible
addition to surveilling the Property and the two trash pulls,
police reviewed public records. They determined the Property
is owned by Ms. Tate-Burton. Authorities also determined
Defendant had a lengthy criminal record involving drug and
weapon convictions. Furthermore, Defendant had an outstanding
warrant with the Cleveland Heights Police Department.
on the above, Detective Alcantara submitted his Affidavit for
Search Warrant (the “Affidavit”) and applied for
a search warrant for the Property. A Cuyahoga County Judge
granted the Search Warrant on October 3, 2018.
28, 2019, Defendant filed his Motion to Suppress the evidence
authorities obtained after executing the Search Warrant.
Defendant argues that the facts alleged in the Affidavit did
not establish probable cause to search the Property and that
the good faith exception to the exclusionary rule is
inapplicable. The Government disagrees with Defendant on both
LAW AND ANALYSIS
Standard of Review
Fourth Amendment to the United States Constitution states:
The right of the people to be secure in their persons,
houses, papers and effects, against unreasonable searches and
seizures, shall not be violated, and no Warrants shall issue,
but upon probable cause, supported by Oath or affirmation,
and particularly describing ...