Tralvis Edmond v. United States
Tralvis Edmond v. United States
Opinion
A jury convicted Tralvis Edmond of possession of heroin with the intent to distribute, in violation of
Following his conviction, Mr. Edmond filed a motion under
Mr. Edmond now challenges the district court's application of the good-faith exception. We agree with the district court that objectively reasonable police officers could have relied in good faith on the search warrant. Because Mr. Edmond has not shown the requisite prejudice under Strickland , we affirm the denial of his § 2255 motion.
I
BACKGROUND
A.
On May 19, 2010, Chicago Police Officer John Frano filed a complaint for a search warrant in the Circuit Court of Cook County. The complaint recounted a tip that he had received the day before from a confidential informant, who claimed to have purchased heroin in a basement apartment at 736 North Ridgeway Avenue in Chicago. According to the complaint, the informant had identified Mr. Edmond as the seller and had described the location of the drugs as hidden under a bed in a shoebox. The shoebox contained twenty to thirty golf ball-sized bags, and each bag was filled with ten to thirteen smaller bags of suspected heroin. The complaint also described Officer Frano's efforts to corroborate this tip: he drove the informant past the building to confirm the location of the *450 drug sale and showed the informant a photograph of Mr. Edmond to confirm the seller's identity. Notably, although the complaint specified the date of the informant's tip, it did not specify clearly the date of the alleged drug sale. 1
In the complaint, Officer Frano attested to the reliability of the informant, who had provided dependable information about narcotics activities for the past five years. The complaint further explained that, "[o]n over 6 different occasions in the past two months[, Officer Frano] has acted upon the information provided by this [informant,] and on these occasions [Officer Frano] has recovered illegal narcotics." 2 The complaint did not mention the informant's criminal record, that he was facing felony drug charges at the time, or that a state court recently had revoked his bail and issued a warrant for his arrest. At the time, the Chicago Police Department's standard practices did not require the inclusion of informants' criminal histories in warrant applications. 3 Before presenting the complaint to the issuing judge, Officer Frano obtained the approval of the state's attorney's office. He did not, at any time, bring the informant before the judge for questioning.
The judge issued the warrant, and the Chicago Police Department executed a search of the Ridgeway apartment on May 20, 2010. Officers recovered two loaded handguns, three grams of heroin, and eight grams of cocaine. Mr. Edmond was not present during the search but was arrested later. On June 1, 2011, he was charged in a federal indictment with: (1) possession of a firearm as a convicted felon, in violation of
The case proceeded to trial.
4
The Government presented testimony from police officers involved in the search, including Officer Frano. Mr. Edmond did not testify. The jury found him guilty of the firearm and heroin charges but acquitted him of the cocaine charge. Thereafter, the district court imposed a sentence of 84 months' imprisonment. Mr. Edmond filed a direct appeal, at which point his attorney (the same one who represented him at trial) filed a motion to withdraw. We dismissed the appeal under
Anders v. California
,
B.
On April 22, 2015, Mr. Edmond filed a pro se motion under
The district court ordered an evidentiary hearing on Mr. Edmond's claim and appointed counsel to represent him. The hearing had two parts, which mirrored the familiar two-part test for assessing claims of ineffective assistance of counsel under
Strickland
. First, the court considered whether Mr. Edmond's trial attorney had performed in an objectively unreasonable manner. The court concluded that his attorney's performance fell below the requisite standard because, based on a misunderstanding of the law,
6
the attorney had decided not to file a suppression motion.
See
Gardner v. United States
,
The court then held the second part of the hearing to consider the other part of the Strickland inquiry: whether Mr. Edmond had suffered prejudice as a result of his attorney's deficient performance. The parties agreed that the evidence seized from the search was critical to the Government's case, so the court focused on "whether Edmond ha[d] shown a reasonable likelihood that a motion to suppress would have been successful had counsel filed it." 7 This inquiry required a showing that the search warrant was not supported by probable cause and that the good-faith exception did not apply to save the evidence despite any constitutional infirmities with the warrant.
The district court first determined that the warrant was not supported by probable cause. It based its decision primarily on the failure of the complaint to set forth clearly the date on which the informant allegedly purchased drugs from Mr. Edmond at the Ridgeway apartment. That omission, the court explained, undermined the issuing judge's ability to determine whether the complaint "reasonably suggests that evidence of a crime might currently be found in the location to be searched." 8 Although other factors weighed in favor of finding probable cause, such as the firsthand nature of the informant's observations, the court did not think that these countervailing considerations overcame the "staleness" of the informant's tip. 9
Despite this conclusion about probable cause, the court found that the good-faith exception to the exclusionary rule applied. According to that exception, evidence obtained in violation of the Fourth Amendment is nevertheless admissible if the officers conducting the unlawful search relied in good faith on a search warrant.
*452
United States v. Leon
,
The court rejected both of these arguments. First, it held that the complaint contained sufficient indicia of probable cause to justify good-faith reliance on the warrant. The court noted that the warrant contained detailed information about the location and packaging of the drugs, Officer Frano's corroboration of both the apartment's location and the seller's identity, and evidence of the informant's recent reliability. Second, the court concluded that Officer Frano had not acted with reckless disregard for the truth. It credited Officer Frano's testimony that he had omitted the informant's criminal history based on the then-common practice of the police department and that he was unaware of the informant's recent bail revocation and arrest warrant. The court also considered the informant's proven reliability and that Officer Frano had obtained the approval of the state's attorney before applying for the warrant. Taken together, this evidence persuaded the court that Officer Frano "did not intend to mislead the judge regarding the informant's credibility." 10 Having rejected both of Mr. Edmond's arguments, the court denied his § 2255 motion.
Mr. Edmond now challenges the district court's determination that the good-faith exception applies to defeat his showing of prejudice. He maintains that the trial judge would have granted a motion to suppress and that, therefore, he was deprived the effective assistance of counsel under Strickland .
II
DISCUSSION
We review de novo the district court's legal conclusions, including its determination that the good-faith exception applies.
United States v. Koerth
,
To establish ineffective assistance of counsel, a petitioner must show (1) that his trial attorney's performance fell below an objective standard of reasonableness, and (2) that he suffered prejudice as a result.
Strickland
,
The Government contends that "even if [Mr. Edmond's] attorney had filed a motion to suppress, he would have lost."
12
The Government urges us to apply the good-faith exception to the exclusionary rule set forth in
Leon
. There, the Supreme Court explained that the exclusionary rule is a judicially created remedy designed to protect Fourth Amendment rights by deterring police misconduct.
Leon
,
(1) the issuing judge wholly abandoned his judicial role and failed to perform his neutral and detached function, serving merely as a rubber stamp for the police; (2) the affidavit supporting the warrant was so lacking in indicia of probable cause as to render official belief in its existence entirely unreasonable; or (3) the issuing judge was misled by information in an affidavit that the affiant knew was false or would have known was false except for his reckless disregard of the truth.
A.
Mr. Edmond first claims that Officer Frano's complaint was so wanting in indicia of probable cause as to render official reliance on the search warrant unreasonable. Mr. Edmond primarily contends that Officer Frano's complaint was "plainly deficient" due to its omission of a "specific 'temporal guidepost' in order to establish probable cause." 13 He maintains that no reasonable officer could have relied in good faith on the warrant, given the complaint's lack of temporal information about the alleged drug sale. Other indicia of probable cause, he submits, fail to overcome the staleness of the information in the complaint. Although we agree that staleness can undermine an officer's otherwise reasonable reliance on a warrant, the complaint here contained sufficient evidence of timeliness, as well as other indicia of probable cause, to justify application of the good-faith exception.
"Probable cause is established when, considering the totality of the circumstances, there is sufficient evidence to cause a reasonably prudent person to believe that a search will uncover evidence of a crime."
United States v. Harris
,
The focus of the parties' disagreement is the fourth factor: the interval of time between the reported events and the warrant application. The district court believed that probable cause did not exist largely because the complaint did not specify
when
the informant was at the Ridgeway apartment. As the court noted, "[s]taleness is highly relevant to the legality of a search for a perishable or consumable object, like cocaine."
14
This approach makes good sense; probable cause measures the likelihood of uncovering evidence of a crime
at the time of
the search. We also have explained, however, that an issuing judge should not withhold a warrant due to the age of the reported information "[i]f other factors indicate that the information is reliable and that the object of the search will still be on the premises."
United States v. Lamon
,
Although the district court found that the lack of a precise time stamp for the drug sale undermined probable cause, the complaint was not entirely lacking in indicia of timeliness. A reasonable officer, reading the complaint in its entirety, could have interpreted the complaint as timely. Although the district court read the complaint as silent about the date of the alleged sale, it is not objectively unreasonable to read it differently. The complaint states that "[o]n 18 May 2010[, the informant] related to [Officer Frano] that [the informant] was at the residence of 736 N Ridgeway and in the presence of Edmond." 16 While certainly not a model of clarity, this statement could be interpreted reasonably to mean that the informant was at the Ridgeway apartment on May 18, 2010-not just that the informant passed the information to Officer Frano on that day. 17
*455 The complaint also contains other indicia of timeliness. For example, in describing the informant's reliability, Officer Frano explained that the informant had provided information leading to the recovery of narcotics on more than six different occasions in the prior two months. This suggests that Officer Frano was meeting regularly with the informant and that the informant's tips had been timely. Officer Frano applied for the Ridgeway warrant on May 19, 2010, one day after the informant told him about the transaction with Mr. Edmond. When combined with the informant's history of providing timely tips, this time frame could support a good-faith belief that the information in the complaint was not incurably stale.
Furthermore, although the district court found that the complaint did not evidence ongoing criminal activity, the complaint could be understood as conveying that a certain amount of future drug deals beyond the single reported sale would occur at the Ridgeway apartment. Indications of "ongoing, continuous criminal activity" render "the passage of time ... less critical" to the probable cause analysis.
Lamon
,
In the context of the good-faith analysis, we have re-marked that issuing judges "do not operate in a vacuum, shielded from knowledge of drug operations in the real world."
Koerth
,
The other factors informing probable cause cut in both directions. On the one hand, the informant's entire tip was based on firsthand knowledge, and the complaint provided ample detail about where the drugs were hidden and how they were packaged. These facts support a reasonable belief in probable cause.
On the other hand, Officer Frano's efforts to corroborate the tip were minimal; rather than verifying the informant's account through independent means, he sought confirmation from the informant himself.
See
United States v. Robinson
,
The lack of meaningful corroboration and the unavailability of the informant for questioning generally weigh against a finding of probable cause.
Glover
,
Here, there was significant evidence of the informant's reliability. In the prior two months, the informant had provided six tips that led to the recovery of illegal narcotics.
Cf.
United States v. Searcy
,
When assessed in its entirety, the complaint was not so lacking in indicia of probable cause as to render a police officer's
*457
reliance on the validity of the warrant objectively unreasonable. A litigant "establishes unreasonable reliance [on a warrant] if 'courts have clearly held that a materially similar [complaint] previously failed to establish probable cause' or the [complaint] is 'plainly deficient' " on its face.
Glover
,
B.
Mr. Edmond next submits that the good-faith exception should not apply because Officer Frano acted in reckless disregard of the truth. He emphasizes that the complaint does not mention the informant's criminal history, pending criminal charges, or recent bail forfeiture and arrest warrant. These omissions, he claims, distorted the issuing judge's understanding of the informant's credibility and, therefore, the finding of probable cause.
"We review the district court's determinations of fact, including the determination of deliberate or reckless disregard for the truth, for clear error."
United States v. Williams
,
*458
rather, we must "determine whether, based on the totality of the circumstances, it was reasonable for the district court to conclude that law enforcement did not doubt the truth of the [complaint]."
As part of the hearing on Mr. Edmond's § 2255 motion, Officer Frano testified about his preparation of the complaint and explained why he had omitted the challenged information. Officer Frano readily admitted that, when preparing the complaint, he knew about the informant's criminal history and pending drug charges. He explained, however, that the Chicago Police Department did not require officers to include this information at the time and that he had no reason to question the informant's credibility.
See
United States v. Taylor
,
Officer Frano also testified that, at the time of the probable cause hearing, he was unaware of the informant's recent bail revocation and outstanding arrest warrant. 25 Although Mr. Edmond presented a criminal history report that indicated that an arrest warrant had been issued for the informant days before the probable cause hearing, the court believed Officer Frano's testimony that he was unaware of the outstanding warrant at that time. The court also took account of the fact that Officer Frano did not "get [the informant] off the hook" after obtaining the warrant; indeed, the informant was sentenced to one year in prison for the felony drug charges. 26 The court credited these explanations and found that Officer Frano did not act in reckless disregard of the truth.
The district court did not clearly err in crediting Officer Frano's testimony that "he was not trying to hide anything from the judge" 27 or "mislead the judge regarding the informant's credibility." 28 We have considered the totality of the circumstances, including the informant's proven reliability, the standard practices of the police department at the time, and the officer's plausible testimony. Based on this record, it was entirely reasonable for the court to conclude that Officer Frano did not doubt the truth of the allegations in the complaint. Accordingly, we reject Mr. Edmond's claim that Officer Frano acted in reckless disregard of the truth.
Conclusion
Despite the temporal deficiencies in Officer Frano's complaint, we are confident that an objectively reasonable officer could rely in good faith on the resultant search warrant. The complaint contained some indicia of timeliness, and, when combined with the other evidence of probable cause, it justified good-faith reliance by the officers executing the search. Furthermore, *459 the district court did not commit clear error in assessing Officer Frano's state of mind when he prepared the complaint.
Because the court properly applied the good-faith exception, Mr. Edmond has failed to demonstrate any prejudice resulting from his attorney's failure to file a motion to suppress. He therefore has not satisfied the test under Strickland for establishing ineffective assistance of counsel. Accordingly, we affirm the district court's denial of his § 2255 motion.
AFFIRMED
The complaint reads, in pertinent part: "On 18 May 2010 RCI [the informant] related to R/O [Officer Frano] that RCI was at the residence of 736 N Ridgeway and in the presence of Edmond, Tralvis E. in the basement apartment." R.3 at 23. It then continues to describe the drug transaction.
The Chicago Police Department's policy has since changed.
Prior to the trial, Mr. Edmond filed a motion to suppress post-arrest statements that he had made to Officer Frano. He claimed that he did not waive voluntarily his Miranda rights. The court held a suppression hearing, where Officer Frano testified. The defense cross-examined Officer Frano but did not present any of its own witnesses. The court denied the motion; that ruling is not challenged in this appeal.
Mr. Edmond also argued that his trial attorney provided ineffective assistance by failing to call him to testify at the suppression hearing regarding his post-arrest statements. Mr. Edmond has not pursued that argument on appeal.
Specifically, the attorney erroneously believed that Mr. Edmond did not have Fourth Amendment standing to challenge the search because he did not live permanently at the Ridgeway apartment, where his girlfriend and children lived. However, as the district court correctly noted, "the defendant's status 'as an overnight guest [was] alone enough to show that he had an expectation of privacy in the home' that was reasonable and protected under the Fourth Amendment." R.32 at 6-7 (quoting
Minnesota v. Olson
,
R.52 at 3-4.
Id. at 6 (emphasis in original).
Id. (alteration omitted).
Id. at 15.
Because we affirm based on the good-faith exception, we need not consider the Government's alternative argument that Mr. Edmond's trial attorney performed in an objectively reasonable manner.
Government's Br. 12.
Appellant's Br. 12, 15 (quoting
United States v. Koerth
,
R.52 at 6 (alteration in original) (quoting
United States v. Seiver
,
See also
United States v. Mitten
,
R.3 at 23.
We note parenthetically that we cannot accept the Government's argument for applying the good-faith exception based on Officer Frano's
intent
to communicate the date of the drug sale.
See
United States v. Koerth
,
See supra note 15.
Cf.
United States v. Lamon
,
See also
United States v. Radovick
, No. 2:13-CR-112-PPS-PRC,
Contrary to Mr. Edmond's arguments, the informant's criminal history and pending criminal charges do not necessarily undercut the reliability of his tip.
See
Mitten
, 592 F.3d at 774 ("A motive to curry favor[ ] ... does not necessarily render an informant unreliable." (quoting
United States v. Olson
,
Mr. Edmond encourages us to follow
United States v. Doyle
,
Furthermore, in both
Doyle
and
Hython
, there was scant
other
evidence of probable cause to compensate for the lack of temporal information.
See
Doyle
,
We do not suggest, however, that such information is not relevant and probative in the overall assessment of an application for a warrant.
See
United States v. Glover
,
It is again noteworthy that Officer Frano obtained the approval of the state's attorney before applying for the warrant, even though the complaint did
not
mention the informant's criminal history.
See
United States v. Pappas
,
Evidence of the arrest warrant "bore directly" on the informant's credibility.
United States v. Williams
,
R.52 at 13.
Id. at 15.
Reference
- Full Case Name
- Tralvis EDMOND, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.
- Cited By
- 25 cases
- Status
- Published