United States District Court, M.D. Tennessee, Nashville Division
MEMORANDUM OPINION AND ORDER
WAVERLY D. CRENSHAW, JR. CHIEF UNITED STATES DISTRICT JUDGE
before the Court is Adebowale Ijiyode's Motion to
Suppress Evidence (Doc. No. 47), to which the Government has
responded in opposition (Doc. No. 53). Neither party requests
a hearing, nor is one necessary because the Motion presents a
legal issue based upon unchallenged facts that were presented
in an Affidavit for Search Warrant. For the reasons that
follow, the Motion to Suppress will be denied.
Affidavit for Search Warrant sets forth the following facts:
February 10, 2017, a Postal Inspector was “profiling
parcels suspected of containing illegal narcotics, ”
when he came upon a package mailed from San Francisco,
California, and addressed to a recipient at 3035 George
Buchanan Drive, Lavergne, Tennessee. (Doc. No. 53-1,
Affidavit ¶ 10). The inspector noticed that the flaps on
the parcel were glued and, suspicions aroused, had a DEA drug
detection canine named Eclipse sniff the parcel. After a
“positive alert” for the odor of illegal
narcotics from Eclipse, the inspector sought and obtained a
search warrant for the parcel. (Id. ¶ 12).
opening the package and removing its contents, the inspector
found three clear, vacuum-sealed bags containing marijuana
that weighed a total of three pounds. Two of the bags were
then reinserted into the package, along with a tracking
device and a device to alert law enforcement officers when
the parcel was opened. (Id. ¶ 14).
February 14, 2017, the package was delivered to 3035 George
Buchanan Drive and subject to surveillance by agents.
Although an “apparent resident” entered and
exited the residence “multiple times, ” he did
not touch the package. (Id. ¶
5:00 p.m., a vehicle stopped near the residence. The driver
exited the vehicle, picked up the package, and then returned
to the vehicle. (Id.). The vehicle was then followed by
point, the vehicle stopped, and an occupant moved the package
from the passenger compartment to the trunk. (Id.
¶ 17). The vehicle, still under surveillance, proceeded
to a grocery store parking lot where a passenger
“exited the vehicle without the subject parcel,
”entered the store, and then returned to the vehicle.
(Id. ¶ 18).
vehicle was then followed to 1312 South Hampton Court,
Antioch, Tennessee, where it was observed pulling into an
attached garage. “The GPS tracking device included in
the package indicated that the Subject Parcel was also in the
Target Residence.” (Id. ¶ 19). Agents
could not tell, however, whether the package had been opened
because the “electronic device to alert Law Enforcement
Officers” apparently was not working correctly.
(Id. ¶ 20).
upon the foregoing, agents sought a search warrant for the
residence located at 1312 South Hampton Court. At
approximately 6:02 p.m., which was little more than an hour
after the package was picked up from the George Buchanan
Drive residence, a Magistrate Judge issued a search warrant.
During the subsequent search agents discovered and
confiscated the package, four firearms, small packages of
alleged narcotics, financial records, and cellphones, among
other things. Ijiyode seeks to suppress the fruits of that
search as well as other evidence that was discovered based on
right of a citizen to retreat into the home and ‘there
be free from unreasonable governmental intrusion' stands
at the core of the Fourth Amendment.” United States
v. Brown, 828 F.3d 375, 381 (6th Cir. 2016) (quoting
Kyllo v. United States, 533 U.S. 27, 31 (2001)).
Therefore, absent exigent circumstances, seizures inside a
home without a warrant are presumptively unreasonable.
Welsh v. Wisconsin, 466 U.S. 740, 748-749 (1984);
Steagald v. United States, 451 U.S. 204, 211-212
(1981); Payton v. New York, 445 U.S. 573, 586
argues that his right to be free from an unreasonable search
was violated because the tracker device's location in the
residence was used as a basis for securing the search
warrant. Two Supreme Court decisions - United States v.
Knotts, 460 U.S. 276 (1983) and United States v.