United States v. Mitchell, No. 09-1564 (3d Cir. 2014)
Annotate this CaseDetectives Riley and Cunningham conducted a 10-week undercover investigation of Mitchell. On five separate occasions, an informant made controlled purchases of crack cocaine from Mitchell and officers covertly tailed Mitchell to establish his residence. They followed him to various residences, including his mother’s home and a home owned by his wife and ultimately applied for a search warrant for his wife’s residence. Detectives executed the search warrant and recovered 4.5 ounces of cocaine; drug packing paraphernalia, including three plastic bags with a white powdery residue and small plastic bags commonly used for packaging crack cocaine; approximately $6,415 in cash; and, underneath the mattress, a loaded firearm. Mitchell was indicted for being a felon in possession of a firearm, 18 U.S.C. 922(g)(1) and 924 (a)(2); possession with intent to distribute cocaine, 21 U.S.C. 841(a)(1) and (b)(1)(c); and possession of a firearm in furtherance of a drug trafficking crime, 18 U.S.C. 924(c)(1)(A) and (c)(2). The district court denied a motion to suppress, holding that the detectives acted in good faith in relying on the warrant. Mitchell was convicted and the Third Circuit affirmed.
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