United States v. Ramelus Bradley
Opinion
A jury convicted Ramelus Dejuan Bradley of possession with intent to distribute
cocaine and cocaine base, in violation of
I.
Detective Brandon Weber applied for a warrant to put a GPS tracker on Bradley's truck. The supporting affidavit detailed a drug investigation, which included a controlled drug buy:
Within the past four days, at my direction and while under my direct surveillance, [Reliable Confidential Informant] #1 was provided money to purchase cocaine from Bradley in Boone County, Missouri. I watched RCI #1 and Bradley meet at an undisclosed [location] in Boone County. Bradley arrived at the meeting location driving a black, Ram, 4-door pickup bearing Missouri Registration 4MV269. After the transaction RCI #1 gave me cocaine they stated had been sold to them by Bradley. RCI #1 positively identified Bradley from pictures that I provided. The cocaine field-tested positive.
Three other tipsters-two reliable cooperating citizens and a Crimestoppers caller-connected Bradley to drug dealing, two of whom told police he kept drugs in his truck. Weber swore that, within the past 24 hours, he saw another "short-term transaction" involving Bradley that he believed was drug-related based on his training and experience. The affidavit noted Bradley had prior convictions for drug trafficking, distribution, and felony possession. A state judge issued the GPS warrant.
Based on information from the GPS tracker and physical surveillance, police obtained search warrants for Bradley's truck and a residence in Boone County. When police entered the residence, Bradley was in the living room. Officers recovered four firearms. One was atop a table next to Bradley, one under the table, one atop a television stand in the living room, and one in an upstairs bedroom. They also recovered over $ 12,000 cash from a pair of men's shorts in the living room. In a Mirandized interview, Bradley accurately described the firearms' locations and said they belonged to Tiffany Smith, his girlfriend and the tenant there. The truck was parked in front of the residence. In its console, police recovered around 151 grams of cocaine, 28 grams of cocaine base, and a digital scale. He was indicted for possession with intent to distribute cocaine, 28 grams or more of cocaine base, and being a felon in possession of a firearm.
Bradley moved to suppress "all physical evidence allegedly seized" and "any statements attributed to him." He challenged the GPS warrant's probable cause. After a suppression hearing, a magistrate judge recommended denying the motion, reasoning that the controlled buy provided probable cause, the other information in the affidavit supported it, and, even if probable cause were lacking, the good-faith exception applied.
United States v. Bradley
,
Bradley then moved for a
Franks
hearing on the warrants and requested disclosure of the confidential informant's and tipsters' identities and any benefits given to them, and production of evidence about the controlled buy. A magistrate judge recommended denying the motion, reasoning that Bradley failed to make "a substantial preliminary showing" that Weber made any false or reckless statements, as required under
Franks v. Delaware
,
At trial, the Government sought to introduce audio recordings of calls Bradley made in county jail after his arrest. Bradley objected to statements like "he admits that he would be good for a dope case, if anything." The district court overruled his objection. The court later denied a motion for acquittal based on the sufficiency of the evidence. Deliberating for about a half hour, the jury convicted him on all three counts. Bradley appeals, arguing the district court erred by denying his motions for suppression; a Franks hearing, disclosure, and production; acquittal; and, by admitting jail-call statements.
II.
On appeal from the denial of a motion to suppress, "this court reviews legal conclusions de novo and factual findings for clear error."
United States v. Morris
,
Bradley argues the GPS warrant lacked probable cause. Placing a GPS device on a vehicle is a Fourth Amendment search "requiring probable cause and a warrant."
United States v. Faulkner
,
Weber detailed a recent, supervised, controlled buy between Bradley and a confidential informant. The affidavit noted that, "on numerous occasions," the informant "provided specific information as to the location, vehicles, and persons involved in illegal drug transactions," the information has never "proven unreliable," and past information resulted in drug-charge arrests in Boone County. An "informant's track record of providing trustworthy information" establishes reliability.
The other information in the affidavit bolsters this conclusion. Multiple sources connected Bradley and his truck to drug dealing. Weber established the tips' reliability through: the controlled buy,
see
United States v. Brown
,
Since there is no basis to suppress, this court need not reach Bradley's arguments about the good-faith exception.
III.
According to Bradley, the district court should have granted a
Franks
hearing and compelled disclosure of the confidential informant's and tipsters' identities and any benefits they received, and production of evidence about the controlled buy. This court reviews for abuse of discretion a refusal to grant a
Franks
hearing or compel disclosure of a confidential informant's identity.
United States v. Hollis
,
To obtain a
Franks
hearing, a defendant must make "a substantial preliminary showing" that an affidavit contains an intentional or reckless false statement or omission necessary to the probable cause finding.
United States v. Charles
,
A defendant seeking identity disclosure "must establish beyond mere speculation that the informant's testimony will be material to the determination of the case."
Harrington
,
IV.
Bradley argues the district court erred in denying his motion for acquittal because the evidence was insufficient. "This court reviews de novo the denial of a motion for judgment of acquittal, viewing the evidence most favorably to the guilty verdict, resolving all evidentiary conflicts in favor of the government, and accepting all reasonable inferences from the evidence."
United States v. Morris
,
The sole issue is whether the Government proved Bradley had knowing possession of the recovered firearms and drugs. "Proof of constructive possession is sufficient to prove the element of knowing possession...."
United States v. Ellis
,
The evidence is more than sufficient to sustain his felon-in-possession conviction. Bradley was the only adult in the residence when the firearms were recovered. Three were in his immediate vicinity. He admitted knowing the other was under a pillow in an upstairs bedroom. Tiffany Smith testified that although three of the recovered guns were hers, they were in a closed box in a spare bedroom when she left the morning the warrants were executed. The evidence supports a reasonable inference that Bradley removed the firearms from the box and put them where police found them-enough for constructive possession.
See
United States v. Grimes
,
On his possession-with-intent-to-distribute convictions, Bradley argues that multiple people had access to the truck, and that the Government did not present direct evidence of his presence in the truck before the search warrant was executed. "Possession may be joint; it need not be exclusive."
United States v. Smart
,
V.
Bradley contends the district court should have excluded two statements he made in a recorded, post-arrest jail call: "only thing that's probably going to stick is if they claim that somebody sold to me," and "the only thing that they really got on me ... is ... if somebody claims that they wore a wire ... to do something." He claims the statements are improper prior-bad-acts evidence,
see
Fed. R. Evid. 404(b)
, and substantially more prejudicial than probative,
see
Fed. R. Evid. 403
. This court reviews the admission of evidence for abuse of discretion, and "evidentiary rulings are reversed only for a clear and prejudicial abuse of discretion."
Walker v. Kane
,
Bradley's post-arrest statements express concern about the charges against him, which is direct evidence of consciousness of guilt. The evidence is thus intrinsic to his charged crimes, so Rule 404(b) does not apply.
See
United States v. Skarda
,
* * * * * * *
The judgment is affirmed.
The Honorable Stephen R. Bough, United States District Judge for the Western District of Missouri, adopting the reports and recommendations of the Honorable Matt J. Whitworth, Chief United States Magistrate Judge for the Western District of Missouri, and the Honorable Willie J. Epps, Jr., United States Magistrate Judge for the Western District of Missouri.
Reference
- Full Case Name
- UNITED STATES of America Plaintiff - Appellee v. Ramelus D. BRADLEY Defendant - Appellant
- Cited By
- 7 cases
- Status
- Published