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United States v. McCown

United States District Court, S.D. Florida

October 23, 2017

UNITED STATES OF AMERICA, Plaintiff,
v.
DAVAUS L. McCOWN, Defendant.

          REPORT AND RECOMMENDATION

          LURANA S. SNOW, UNITED STATES MAGISTRATE JUDGE.

         THIS CAUSE is before the Court on the Defendant, Davaus McCown's Motion to Suppress Statements and Physical Evidence (ECF No. 13) and Supplement to Defendant's Motion to Suppress Statements and Physical Evidence (ECF No. 17), which was referred to United States Magistrate Judge, Lurana S. Snow, for a Report and Recommendation. The Defendant seeks to suppress evidence seized pursuant to a search warrant issued by Monroe County Judge Ruth Becker, on the ground that the application supporting the warrant lacked probable cause. The motion is fully briefed and a hearing was conducted on October 20, 2017.

         I. FACTS

         On August 1, 2017, Monroe County Sheriff's Office (MCSO) Detective Vaughn O'Keefe presented a search warrant application to Judge Becker which contained the following sworn statements:

On July 10, 2017, a plan was formulated to purchase crack cocaine from a black male identified as Davaus McCown (DOB 12/21/1984). Monroe County Sheriff's Office, Special Operations Unit Detectives Brady, Hill, Blanton, and your affiant (detective O'Keefe) were working in an undercover capacity. On this date we utilized a Monroe County Sheriff's Office documented Confidential Informant (C.I.)
The C.I. was met at a pre-determined location. Your affiant searched the C.I. for any contraband. No contraband was located on or around the C.I. Your affiant issued the C.I. $50.00 in pre-recorded currency from my Monroe County Sheriff's Office allocated buy funds to be used on this date.
The C.I. proceeded to 240 Sombrero Beach Road while under observation of detectives. There detectives observed McCown leave apartment 11H of 240 Sombrero Beach Road, verified as his residence through the DAVID system, and meet directly with the C.I. The C.I. exchanged the $50.00 of allocated buy funds for a baggy containing suspect crack cocaine provided to them from McCown. The C.I. was then able to leave the area. McCown then directly returned to his residence.
The C.I. returned to a pre-determined meet location and met with detective Hill and your affiant. There the C.I. turned over to your affiant the suspect crack cocaine. Your affiant again searched the C.I. for contraband with none found.
Detective Brady later processed and weighed the suspect crack cocaine. He did receive a positive field test for the presence of cocaine and an approximate weight of 0.9 grams loose.
On July 14, 2017, a plan was formulated to purchase crack cocaine from a black male identified as Davaus McCown (DOB: 12/21/1984). Monroe County Sheriff's Office, Special Operations Unit Detective Brady and your affiant (detective O'Keefe) were working in an undercover capacity. On this date we utilized a Monroe County Sheriff's Office documented Confidential Informant (C.I.).
The C.I. was met at a pre-determined location. Your affiant searched the C.I. for any contraband. No contraband was located on or around the C.I. Detective Brady issued the C.I. $50.00 of pre-recorded currency from his Monroe County Sheriff's Office allocated buy funds to be used on this date.
The C.I. proceeded to 240 Sombrero Beach Road while under observation of detectives. There, detectives observed McCown meet directly with the C.I. in the vicinity of the apartment. The C.I. exchanged the $50.00 of allocated buy funds for a baggy containing suspect crack cocaine provided to them from McCown. The C.I. was then able to leave the area. McCown then left the area.
The C.I. returned to a pre-determined meet location and met with your affiant. There the C.I. turned over to your affiant the suspect crack cocaine. Your affiant again searched the C.I. for contraband with none found.
Detective Brady later procesed and weighed the suspect crack cocaine. He did a positive field test for the presence of cocaine and an ...

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