Petition for Writ of Certiorari — Eric Tyrell Johnson, Petitioner v. United States

Supreme Court briefDec 31, 2025

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APPENDIX

TABLE OF CONTENTS

Appendix A

Court of appeals opinion,

August 5, 2025 ......................... 1a

Appendix B

District court memorandum

opinion denying suppression

motions,

July 6, 2022 ............................ 18a

Appendix C

District court order denying

suppression motions,

July 6, 2022 ............................ 61a

Appendix D

District court judgment,

March 30, 2023 ...................... 63a

Appendix E

Court of appeals order granting

motion to strike or withdraw petition for rehearing,

August 29, 2025 ..................... 77a

Appendix F

Search warrant application and

affidavit,

August 8, 2019 ....................... 78a

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APPENDIX A

PUBLISHED

UNITED STATES COURT OF APPEALS FOR THE

FOURTH CIRCUIT

No. 23-4255

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

ERIC TYRELL JOHNSON, a/k/a E,

Defendant - Appellant.

Appeal from the United States District Court for the

District of Maryland, at Baltimore.

Deborah K. Chasanow, Senior District Judge.

(1:20-cr-00038-DKC-3)

Argued: May 8, 2025

Decided: August 5, 2025

Before HARRIS, RICHARDSON, and HEYTENS,

Circuit Judges.

Affirmed by published opinion. Judge Harris wrote

the opinion, in which Judge Richardson and Judge

Heytens joined.

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ARGUED: Sylvia Olga Tsakos, SKADDEN,

ARPS, SLATE, MEAGHER & FLOM LLP, Washington, D.C., for Appellant. Adeyemi Adenrele, OFFICE

OF THE UNITED STATES ATTORNEY, Baltimore,

Maryland, for Appellee. ON BRIEF: Marjorie Grismer, Chicago, Illinois, Shay Dvoretzky, Parker RiderLongmaid, Caitlin M. Hird, SKADDEN, ARPS,

SLATE, MEAGHER & FLOM, LLP, Washington,

D.C.; Gary E. Proctor, Jennifer Smith, LAW OFFICES OF GARY E. PROCTOR, LLC, Baltimore,

Maryland, for Appellant. Erek L. Barron, United

States Attorney, OFFICE OF THE UNITED STATES

ATTORNEY, Baltimore, Maryland, for Appellee.

PAMELA HARRIS, Circuit Judge:

Law enforcement officers suspected that Eric

Tyrell Johnson was involved in a drug trafficking

scheme. Before seeking a warrant, they investigated

by conducting a warrantless dog sniff for contraband

at the front door of Johnson’s apartment, in the hallway of a large, multi-unit building. Based in part on a

positive alert, the police then obtained a warrant to

search the apartment and uncovered drugs, guns and

other incriminating evidence. After the district court

denied Johnson’s motion to suppress that evidence as

fruit of a Fourth Amendment violation, Johnson was

convicted of drug- and gun-related offenses.

On appeal, Johnson argues that the district court

erred in denying his motion to suppress. According to

Johnson, the warrantless dog sniff at his apartment

door violated the Fourth Amendment on two separate

grounds: the police used a trained drug-detection dog

to access details of his home, otherwise unavailable

from the outside, in which he has a reasonable

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expectation of privacy; and the police intruded onto

the “curtilage” of his home when they positioned the

dog immediately outside his apartment door. For the

reasons given below, we disagree on both counts,

and therefore affirm the judgment of the district

court.

I.

A.

In March 2019, a Narcotics Task Force in Washington County, Maryland, working with the federal

Drug Enforcement Administration, began investigating a drug trafficking organization suspected of

selling fentanyl and heroin in Maryland and West Virginia. The investigators conducted an extensive

wiretap and surveillance operation that led them to

suspect defendant Eric Tyrell Johnson was trafficking

drugs from Apartment 201 in a large multi-unit complex called Greenwich Place in Owings Mills,

Maryland.1

Agent Jasen Logsdon of Washington County, who

was leading the investigation, decided to conduct a

dog sniff at Johnson’s apartment to confirm – or dispel

– those suspicions before seeking a search warrant for

the premises. On August 7, 2019, at approximately

3:00 a.m., Logsdon and his certified canine detection

team, with the permission of building management,

entered the Greenwich Place apartment building.

Apartment 201 was located in a long hallway on

the building’s second floor, near the elevators. As the

1 On appeal of a denied motion to suppress, this court re-

views the facts in the light most favorable to the government.

United States v. Rush, 808 F.3d 1007, 1010 (4th Cir. 2015).

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district court would later find, that meant other second-floor residents would routinely walk past

Johnson’s door on their way to and from the elevators.

Johnson’s apartment was recessed from the common

hallway by approximately three and a half feet, and

there was nothing in the area in front of the apartment door at the time of the dog sniff.

The trained drug-detection dog conducted a “free

air scan” of Apartment 201’s front door and alerted to

the odor of illegal drugs in the area of the lower door

seam. The next day, law enforcement officers applied

for a warrant to search Apartment 201, relying in part

on the dog’s positive alert. The warrant was granted,

and police searched the apartment on August 12,

2019. The search uncovered a heroin-fentanyl powder

mixture, a handgun, ammunition, cell phones, cash,

and other items indicative of drug-dealing.

B.

A federal grand jury indicted Johnson along with

several co-defendants, charging Johnson with three

counts: conspiracy to distribute and possess with intent to distribute fentanyl and heroin, in violation of

21 U.S.C. § 846; possession with intent to distribute

fentanyl and heroin, in violation of 21 U.S.C. §

841(a)(1); and unlawful possession of a firearm and

ammunition, in violation of 18 U.S.C. § 922(g)(1).

Johnson moved to suppress the evidence recovered from his apartment, arguing that it was fruit of

a Fourth Amendment violation for two separate and

alternative reasons. First, citing Kyllo v. United

States, 533 U.S. 27 (2001), and Justice Kagan’s concurrence in Florida v. Jardines, 569 U.S. 1, 12 (2013),

Johnson argued that the dog sniff constituted a search

under the “reasonable expectation of privacy”

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standard because the police used a specialized device

(the trained dog) to discover details of his home (the

presence of drugs) that would otherwise have been unavailable absent a physical intrusion into the

apartment. Because the police had no warrant for that

search, Johnson finished, it violated the Fourth

Amendment. Second, this time pointing to the majority opinion in Jardines, 569 U.S. at 1, Johnson

contended that the dog sniff violated the Fourth

Amendment under a property-based approach because it involved an unlicensed physical intrusion

onto the “curtilage” of his home – with the “curtilage”

being the area of the apartment-building hallway just

outside Johnson’s door.

The district court was persuaded by neither argument. United States v. Nelson, No. 20-cr-0038-DKC-3,

2022 WL 2484143, at *18 (D. Md. July 6, 2022).2 A dog

sniff does not violate any reasonable expectation of

privacy, the court held, because an alert by a trained

dog exposes only the presence of illegal narcotics, in

which there can be no legitimate privacy interest. Id.

Nor, the court held, did the part of the common hallway in front of Johnson’s apartment door qualify as

“curtilage,” protected from police intrusion under the

Fourth Amendment. The court agreed with the government that Johnson “had no property based right

outside the apartment door.” Id. at *17. Instead, the

court reasoned, the hallway was regularly accessed by

other tenants and by building cleaning staff, and consent to enter the building by other members of the

2 The district court addressed Johnson’s motion to suppress

together with motions filed by multiple co-defendants, including

named co-defendant Jeroam Edwin Nelson, Jr. See Nelson, 2022

WL 2484143, at *1.

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public was “apparently [] given routinely upon request.” Id. Under those circumstances, the common

hallway – including the area just outside Johnson’s

door – did not qualify as “curtilage” of the home from

which police were excluded.

Johnson proceeded to trial.3 A jury convicted

Johnson on all counts, and the district court sentenced

him to 150 months in prison. Johnson timely appealed, challenging only the denial of his motion to

suppress.

II.

“When reviewing a ruling on a suppression motion, we review the district court’s legal

determinations de novo and factual findings for clear

error.” United States v. Rush, 808 F.3d 1007, 1010 (4th

Cir. 2015). Where, as here, “the motion has been denied, we review the evidence in the light most

favorable to the government.” Id.

The question in this case is whether the dog sniff

at Johnson’s apartment door constituted a “search”

within the meaning of the Fourth Amendment.4

Johnson was tried alongside co-defendant Jarvis Antonio

Coleman-Fuller, and their appeals were initially consolidated.

This court subsequently granted the defendants’ motion to file

separate briefs, and then affirmed Coleman-Fuller’s conviction

and sentence in a separate opinion, United States v. ColemanFuller, No. 23-4237, 2025 WL 101067 (4th Cir. Jan. 15, 2025).

3

4 Subject to only a few exceptions, a warrantless search of a

home is unreasonable and hence unconstitutional under the

Fourth Amendment. Kyllo, 533 U.S. at 31. But that rule applies

only if there has been a predicate “search” within the meaning of

the Fourth Amendment. Id. Absent a search, in other words, the

Fourth Amendment is not implicated at all, and the warrantless

nature of the dog sniff at Johnson’s apartment raises no Fourth

Amendment concerns.

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Johnson argues that it did, drawing on two lines of

Fourth Amendment cases. The first, which traces

back to Katz v. United States, 389 U.S. 347 (1967), applies the familiar “reasonable-expectations test,”

under which a search occurs when government conduct violates a “reasonable expectation of privacy.”

See United States v. Jackson, 728 F.3d 367, 374 (4th

Cir. 2013) (describing Katz standard). The second,

sometimes referred to as a “property-based” approach,

identifies as a search any unlicensed physical intrusion by the government into a constitutionally

protected area – such as a home or its curtilage – to

gather information. Id. at 373 (citing Jardines, 569

U.S. at 6–7, 11). According to Johnson, the dog sniff

outside his apartment constituted a Fourth Amendment search in both these respects: the dog’s alert

violated his reasonable expectation of privacy by revealing information about the contents of his home,

and it was obtained by way of a physical intrusion into

protected “curtilage” just outside his apartment door.

Our court has twice rejected this very pair of arguments in unpublished, non-precedential decisions.

See United States v. Makell, 721 F. App’x 307, 308 (4th

Cir. 2018) (dog sniff at apartment door in common

hallway neither violates reasonable expectation of privacy nor intrudes on protected curtilage); United

States v. Legall, 585 F. App’x 4, 5–6 (4th Cir. 2014)

(same with respect to dog sniff at hotel room door). We

reach the same result today. For the reasons given below, the dog sniff at Johnson’s apartment door was not

a Fourth Amendment search under either of the theories advanced by the defendant.

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A.

We begin with Johnson’s argument that the dog

sniff violated his reasonable expectation of privacy because it revealed private information about the

interior of his home. It is certainly true, as Johnson

argues, that “the Fourth Amendment draws a firm

line at the entrance to the house,” and that individuals generally have a reasonable expectation of privacy

as to what is inside and protected from public view.

Kyllo, 533 U.S. at 40 (internal quotation marks and

citation omitted); id. at 31–35. It follows, the Supreme

Court held in Kyllo, that a Fourth Amendment search

has occurred if the government uses a specialized device “not in general public use” – there, a thermalimaging device that could detect heat patterns inside

a house – to “explore details of the home that would

previously have been unknowable without physical intrusion[.]” Id. at 40. And this case, Johnson says, is

just like Kyllo: The police used a specially trained dog

to learn details about the interior of his home – specifically, the presence of illegal drugs – that they could

not otherwise have discovered without entering his

apartment.

We appreciate the logic of this argument. But

there is a problem: When it comes to Fourth Amendment expectations of privacy, dog sniffs are different.

See United States v. Place, 462 U.S. 696, 707 (1983)

(explaining that in this context, “the canine sniff is sui

generis”). As the Supreme Court has made clear, an

individual’s “interest in possessing contraband cannot

be deemed ‘legitimate.’” Illinois v. Caballes, 543 U.S.

405, 408 (2005) (quoting United States v. Jacobsen,

466 U.S. 109, 123 (1984)). And a dog sniff, crucially,

can “only reveal[]” just that – “the possession of

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contraband.” Id. at 408–09. Unlike a visual inspection

of the inside of a home, or the use of Kyllo’s thermal

imaging device from the outside, see 533 U.S. at 38

(explaining that device might reveal “at what hour

each night the lady of the house takes her daily sauna

and bath”), an alert by a trained narcotics-detection

dog “does not expose noncontraband items that otherwise would remain hidden from public view[.]” Place,

462 U.S. at 707. It exposes “only the presence or absence of narcotics, a contraband item” – which means

that it cannot violate any reasonable expectation of

privacy. Id. (holding that dog sniff of luggage is not

Fourth Amendment search); Caballes, 543 U.S. at 409

(same for dog sniff of car); cf. Jacobsen, 466 U.S. at

122–24 (applying same reasoning to find that chemical test that could disclose only whether suspicious

powder was an illegal drug was not Fourth Amendment search).

Johnson argues that we may look past this doctrine because his case involves a home, not a car or

luggage, and homes are “afforded the most stringent

Fourth Amendment protection.” See United States v.

Brinkley, 980 F.3d 377, 383–86 (4th Cir. 2020) (quoting United States v. Martinez-Fuerte, 428 U.S. 543,

561 (1976)).5 But we read the Supreme Court’s

5 Johnson focuses on Caballes – considering a dog sniff of a

car – and seeks to distinguish that case on the ground that there

is a diminished expectation of privacy in automobiles. See

Jardines, 569 U.S. at 14 n.1 (Kagan, J., concurring). Johnson has

less to say about Place, involving a dog sniff of luggage. Luggage

often holds quite intimate contents, and individuals generally retain a full expectation of privacy in those contents. Indeed, the

Supreme Court has held that even the physical manipulation of

soft luggage from the outside invades a reasonable expectation of

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reasoning in Place and Caballes as categorical, not

context-specific: Because a dog sniff can reveal only

the presence of contraband, and there is no reasonable

expectation of privacy in contraband, a dog sniff is not

a search – period. Most other courts, though not all,

have reached the same conclusion. See, e.g., United

States v. Scott, 610 F.3d 1009, 1016 (8th Cir. 2010) (rejecting effort to distinguish Caballes and holding that

dog sniff at apartment door violates no reasonable expectation of privacy); Fitzgerald v. State, 864 A.2d

1006, 1016 (Md. 2004) (holding that “Place’s rationale

that dog sniffs are unique in their narrow yes/no determination” applies to dog sniffs at apartment doors);

but see United States v. Whitaker, 820 F.3d 849, 852–

53 (7th Cir. 2016) (holding that Place and Caballes are

distinguishable and that dog sniff of home invades

reasonable expectation of privacy).

We recognize that Justice Kagan, in a separate

concurring opinion, has embraced the defendant’s position that a dog sniff at the door of a home may violate

a reasonable expectation of privacy. See Jardines, 569

U.S. at 12–16 (Kagan, J., concurring). But the Supreme Court has declined the opportunity to follow

suit. Id. at 11. Unless and until the Court tells us otherwise, we consider ourselves bound by Place and

Caballes to hold that the dog sniff at Johnson’s apartment door violated no reasonable expectation of

privacy.

privacy and constitutes a Fourth Amendment search. See Bond

v. United States, 529 U.S. 334, 336–39 (2000).

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B.

Johnson’s alternative argument draws on the

property-based approach of Jardines, in which the Supreme Court held that a dog sniff conducted on the

front porch of a house was a Fourth Amendment

search. 569 U.S. at 5–9, 11–12. That was so, the Court

reasoned, not because it violated a reasonable expectation of privacy, but because the police on the front

porch had physically intruded into the “curtilage” of

the home – the “area belonging to Jardines and immediately surrounding his house” – which is protected

“as part of the home itself” under the Fourth Amendment. Id. at 5–6. An unlicensed intrusion into that

constitutionally protected area to gather evidence, the

Court held, is a “search” for Fourth Amendment purposes. Id. at 5–6, 11–12; see also Collins v. Virginia,

584 U.S. 586, 593 (2018) (“When a law enforcement

officer physically intrudes on the curtilage to gather

evidence, a search within the meaning of the Fourth

Amendment has occurred.”) (citing Jardines, 569 U.S.

at 11)).

As the district court recognized, Nelson, 2022 WL

2484143, at *17–18, whether the dog sniff here was a

search under Jardines turns on whether the area of

the common hallway just outside Johnson’s door qualifies, like Jardines’s front porch, as protected

“curtilage.” In United States v. Dunn, 480 U.S. 294,

301 (1987), the Supreme Court provided us with four

factors to consider in identifying curtilage: the “proximity of the area claimed to be curtilage to the home,

whether the area is included within an enclosure surrounding the home, the nature of the uses to which

the area is put, and the steps taken by the resident to

protect the area from observation by people passing

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by.” But we are not to apply the factors “mechanically.” Id. Instead, the bottom-line question in every

case is whether the area in question should be treated

“as part of the home itself,” bringing it within the

“places and things” – “persons, houses, papers, and effects” – enumerated in and protected by the Fourth

Amendment. Jardines, 569 U.S. at 6 (cleaned up); see

Dunn, 480 U.S. at 301.

We considered a similar curtilage question in

Jackson, 728 F.3d at 374, and concluded that an

apartment’s curtilage did not extend to a courtyard

between apartment buildings used by all residents of

an apartment complex. The parties in Jackson agreed

that a patio immediately outside the defendant’s

apartment was part of the apartment’s curtilage. Id.

at 373. But that patio, we held, “marked the boundary

between the particular property conveyed by lease to

each tenant and the apartment complex’s common

property.” Id. at 374. And that “common property,” we

reasoned, through which other residents had the right

to walk, could not be “placed under the home’s ‘umbrella’ of Fourth Amendment protection” under the

Dunn factors. Id. (quoting Dunn, 480 U.S. at 301).

We think the same rationale applies to the “common property” now at issue – the hallway outside

Johnson’s apartment. Here, instead of a patio, it is

Johnson’s apartment door that “mark[s] the boundary” between his residence, protected as a home under

the Fourth Amendment, and the “apartment complex’s common property.” Id. Johnson “had no

property based right outside [his] apartment door.”

Nelson, 2022 WL 2484143, at *17. Instead, as the district court explained, that area was part of a common

hallway, used regularly by other building residents

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and by building cleaning staff. Id. And it was not just

other residents and staff; despite locks at the front

door, entry to the interior hallways was “not restricted . . . in any way” because building management

“routinely” granted consent to enter on request. Id. at

*17–18. Johnson could of course exclude any of those

people from the interior of his apartment, but they all

had a right to be in the common hallway outside his

door. That takes the apartment hallway, like the

courtyard in Jackson, outside the scope of the Fourth

Amendment’s protection of the home. Jackson, 728

F.3d at 374; see United States v. Cruz Pagan, 537 F.2d

554, 558 (1st Cir. 1976) (explaining that an apartment

tenant’s “dwelling cannot reasonably be said to extend

beyond his own apartment and perhaps any separate

areas subject to his exclusive control” (cleaned up)).

Johnson sees it differently, emphasizing that the

police dog alerted at the “seam” of his apartment door,

mere inches from the interior. According to Johnson,

Dunn’s first factor – proximity of purported curtilage

to the home – weighs so heavily in his favor that it is

dispositive. Br. of Appellant at 24 (describing police as

approaching “as close to [Johnson’s] home as one could

get without entering”). And it is true that this degree

of proximity has been treated as highly relevant to the

curtilage inquiry, including by the Ninth Circuit in

the recent decision relied on by Johnson. See, e.g.,

Jardines, 569 U.S. at 6–7 (describing front porch as

within area “immediately surrounding” and “adjacent

to” home); Chong v. United States, 112 F.4th 848, 852

(9th Cir. 2024) (treating as curtilage area of driveway

“[j]ust one foot away from the home”).

But the context of those cases is critically different: In those cases, the defendant owned or otherwise

14a

had the right to exclude others from the area immediately surrounding his dwelling. See Jardines, 569 U.S.

at 5–6 (describing front porch as within area “belonging to Jardines and immediately surrounding his

house”); Chong, 112 F.4th at 852 (explaining that

house was “owned by [defendant] Chong,” who lived

there with his extended family). The same is true of

Dunn itself, in which the Supreme Court considered a

“warrantless entry onto [the defendant’s] ranch property,” “completely encircled by a perimeter fence.” 480

U.S. at 297. Applying what would become the “Dunn

factors,” the Court concluded that a barn located 60

yards from the ranch house, though still within the

defendant’s property, fell outside the home’s curtilage.

Id. at 302. What the Dunn factors measure, in other

words, is which part of the area in which a defendant

has a property-based interest qualifies as Fourth

Amendment-protected curtilage. Id. at 300–03; see

also Oliver v. United States, 466 U.S. 170, 176–79, 184

(1984) (holding that farmhouse’s curtilage did not extend to “open fields” within defendant’s farm property

and from which he had the “right to exclude” others).

Nothing about Dunn supports the proposition that

close proximity to a home can convert common property, like a street or sidewalk – property open to

others, from which the defendant has no right to exclude – into curtilage. See Lindsey v. State, 127 A.3d

627, 641–44 (Md. Ct. Spec. App. 2015) (explaining

Dunn in similar terms).

Our holding aligns not only with Jackson but also

with decisions from other courts recognizing the importance of a property-based “right to exclude” to the

curtilage analysis. See, e.g., State v. Edstrom, 916

N.W.2d 512, 520 (Minn. 2018) (hallway directly outside apartment door is not “curtilage” because

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tenant’s right to exclude others from own apartment

does not “extend to the common areas of the building”); Lindsey, 127 A.3d at 643; United States v.

Acosta, 965 F.2d 1248, 1251–52 (3d Cir. 1992) (police

entry into hallway outside apartment door, in which

defendant had an “easement of access,” did not violate

Fourth Amendment because the defendant “did not

have the right to exclude others, nor did the record indicate that he had ever attempted to do so”); Cruz

Pagan, 537 F.2d at 558 (apartment building parking

garage is not “curtilage” because garage is not subject

to tenant’s control).6 It also puts us squarely within a

general consensus that common areas shared by all

tenants of an apartment building usually will not

qualify as Fourth Amendment curtilage. See Nelson,

2022 WL 2484143, at *18 (recognizing “majority approach”); United States v. Brooks, 645 F.3d 971, 975

(8th Cir. 2011) (staircase to basement shared by all

tenants is not curtilage); cf. United States v. Sweeney,

821 F.3d 893, 902 (7th Cir. 2016) (“[T]here is generally

no reasonable expectation of privacy in shared and

common areas in multiple-dwelling residential buildings.”).7

6 Courts sometimes use the phrases “right to exclude” and

“exclusive control” (or some variant thereof) more or less interchangeably. See, e.g., Acosta, 965 F.2d at 1252. We think “right

to exclude” is more to the point and less prone to misunderstanding. Mr. Jardines, for instance, had a “right to exclude” from his

front porch, even if he shared that right with a Mrs. Jardines and

thus lacked “exclusive” control.

7 In the only contrary authority cited by the defendant (or

located by us), the Supreme Court of Illinois held that the police

intruded on protected curtilage when they conducted a dog sniff

at an apartment door from a common hallway, relying on

Jardines. People v. Bonilla, 120 N.E.3d 930, 938–39 (Ill. 2018).

The court in that case did not discuss the fact that the defendant

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In sum, we agree with the district court that the

common hallway outside Johnson’s apartment door is

not properly treated as “part of the home itself” for

purposes of the Fourth Amendment. Jardines, 569

U.S. at 6 (quoting Oliver, 466 U.S. at 180). That is not,

of course, because Johnson rents his home instead of

owning it; Johnson has the same right to “retreat into

his own home and there be free from unreasonable

governmental intrusion,” id. (internal quotation

marks and citation omitted), as any homeowner. It is

because Johnson has “no[] . . . right to exclude others”

from the hallway outside his home, and there is no indication “that he had ever attempted to do so.” Acosta,

965 F.2d at 1252; Nelson, 2022 WL 2484143, at *16

(noting that at time of dog sniff, “there was nothing in

front of the apartment door (no door mat or other indicia of control by the occupant[])”).

We go no further in deciding the case before us today. Multi-dwelling units come in all kinds of

configurations, and some may include “common” areas different from the apartment hallway here or the

courtyard in Jackson. See United States v. Hopkins,

824 F.3d 726, 732 (8th Cir. 2016) (walkway leading to

two townhouse doorways – “‘common’ only to [the defendant] and his immediate neighbor” – falls within

curtilage). Other cases may present different factual

twists. Cf. United States v. Lewis, 62 F.4th 733, 742–

43 (2d Cir. 2023) (calling for individualized and factspecific approach to assessing whether defendant has

in Jardines, as the owner of the property, had a right to exclude

others from his front porch. With respect, we think that this

property-based concept is important to what the Supreme Court

has described as Jardines’s “traditional property-based understanding of the Fourth Amendment.” 569 U.S. at 11.

17a

reasonable expectation of privacy in porch of multiunit dwelling, including attention to whether porch

was generally open to building visitors). We hold only

that on the facts as found by the district court and disputed by neither party, the police did not intrude on

Fourth Amendment-protected curtilage when they

conducted a dog sniff in the common hallway just outside Johnson’s apartment door.

III.

For the reasons given above, we affirm the judgment of the district court.

AFFIRMED

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APPENDIX B

IN THE UNITED STATES DISTRICT

COURT FOR THE DISTRICT OF MARYLAND

UNITED STATES

OF AMERICA

:

:

JEROAM EDWIN

NELSON, JR., et

al.

:

Criminal No. DKC

20-0038

:

:

MEMORANDUM OPINION

Count one of the third superseding indictment

charges eight defendants with conspiracy to distribute

and possess with intent to distribute controlled substances from April to September 2019. Individual

defendants are charged in separate counts with substantive offenses including possession with intent to

distribute controlled substances, possession of a firearm by a prohibited person, possession of a firearm in

furtherance of a drug trafficking crime, and possession of body armor by a violent felon. Many motions to

suppress are pending, pertaining to wiretap evidence,

evidence recovered from searches pursuant to warrants for location information, for various residences,

and for automobiles, and statements allegedly made.

Other pending motions seek disclosure, severance,

and to adopt motions filed by other defendants. After

full briefing, a two-day motions hearing was held on

some of the pending motions. Argument on others was

deferred pending resolution of the first group.

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I. Wiretaps-Background and Standards of

Review

The investigation leading to the current charges

was conducted by the Washington County Narcotics

Task Force, beginning in March 2019, when a tip led

them to a storage unit in Hagerstown, Maryland. Law

enforcement came to believe that Thamar J. Smith

had rented the unit, that he was using it to store narcotics for distribution, and that he was supplying

narcotics to Tyler and Edward Ware. A covert motionactivated video camera captured Mr. Smith processing narcotics in the storage unit. GPS on his

vehicle led to the Ware brothers. Then, beginning in

June 2019, a state court judge authorized interception

of four phones used by the Wares (TT1-TT4), which

led to authorizations to intercept phones allegedly

used by Jeroam Nelson (TT5, TT8, and TT10), Philander Spruill (TT6), and Jarvis Coleman-Fuller (TT9).

Defendants have moved to suppress the fruits of TT3,

TT5, TT6, TT8, TT9, and TT10.1 They claim that the

authorizations (1) were not supported by probable

cause, (2) did not demonstrate necessity (that normal

investigative procedures had been tried, or shown to

be insufficient or too dangerous), (3) did not properly

name one of the defendants, and (4) failed to disclose

a previous wiretap application. They also claim that

(5) material misstatements or omissions were made in

the applications, (6) the interceptions did not cease

1 At least one defendant has challenged each of these wire-

tap authorizations. Not all defendants have standing to

challenge all of them, however. A criminal defendant must be an

“aggrieved person” to move to suppress under Title III, 18 U.S.C.

§ 2518(10)(a), defined as “a person who was a party to any intercepted wire, oral, or electronic communication or a person

against whom the interception was directed,” id. § 2510(11).

20a

upon achieving the stated goals, or the goals were too

broad, (7) minimization requirements were not observed, and (8) some of the recordings were not sealed

timely.

The interceptions were authorized by Maryland

judges. And, while Maryland and federal law are congruent in many ways, there are differences. It

becomes necessary, then, to determine how admissibility is to be analyzed.

Federal law governs the admissibility of evidence

in federal criminal cases. See, e.g., United States

v. Glasco, 917 F.2d 797, 799 (4th Cir. 1990). The

Federal Wiretap Act contains a narrow exception

to this general rule: under 18 U.S.C. § 2516(2),

The principal prosecuting attorney of any State

or the principal prosecuting attorney of any political subdivision thereof [may apply] ... to a

[State court] judge for, and such judge may

grant in conformity with [18 U.S.C. § 2518] and

with the applicable State statute [a wiretap order].

18 U.S.C. § 2516(2) (emphasis added). Under this

provision, “when a state court authorizes a wiretap ... state wiretapping law should govern the

admissibility of the wiretap evidence in federal

court.” United States v. Bullock, 2000 WL 84449,

at *4 (4th Cir. Jan. 27, 2000); see also Glasco, 917

F.2d at 799.

United States v. Harris, 719 F.Supp.2d 616, 619 (D.

Md. 2010).

The Maryland statute provides:

(i) (1) Any aggrieved person in any trial, hearing,

or proceeding in or before any court, department,

21a

officer, agency, regulatory body, or other authority

of this State or a political subdivision thereof, may

move to suppress the contents of any intercepted

wire, oral, or electronic communication, or evidence derived therefrom, on the grounds that:

(i) The communication was unlawfully intercepted;

(ii) The order of authorization under which

it was intercepted is insufficient on its face,

or was not obtained or issued in strict

compliance with this subtitle; or

(iii) The interception was not made in conformity with the order of authorization.

Md. Code Ann., Cts. & Jud. Proc. § 10-408 (West) (emphasis added).2 In the federal statute, each of the

three is separate and distinct from the others. Dahda

v. United States, 138 S.Ct. 1491, 1499- 1500 (2018).

2 The federal counterpart is different in that it does not con-

tain the second clause in subsection ii:

(10)(a) Any aggrieved person in any trial, hearing, or

proceeding in or before any court, department, officer,

agency, regulatory body, or other authority of the United

States, a State, or a political subdivision thereof, may move

to suppress the contents of any wire or oral communication

intercepted pursuant to this chapter, or evidence derived

therefrom, on the grounds that-(i)

cepted;

the communication was unlawfully inter-

(ii)

the order of authorization or approval under

which it was intercepted is insufficient on its face; or

(iii)

the interception was not made in conformity

with the order of authorization or approval.

18 U.S.C. § 2518 (10)(a).

22a

Maryland law divides the wiretap law into “preconditions” and “post conditions” and applies different

standards for suppression:

For the purpose of evaluating the validity of

a wiretap order, this Court has established a

dichotomy between preconditions and post

conditions. State v. Bailey, 289 Md. 143, 152–

54, 422 A.2d 1021 (1980). Preconditions include the actions that must be taken before

a judge may issue an ex parte wiretap order

and the inclusion of certain provisions required to be in the wiretap order. Id. at 153–

54, 422 A.2d 1021. One such precondition is

the requirement in § 10–408(e) (3) that

“[e]very order and extension thereof shall

contain a provision that the authorization to

intercept ... shall be conducted in such a way

as to minimize the interception of communications not otherwise subject to interception

under this subtitle....” See State v. Siegel, 266

Md. 256, 273–74, 292 A.2d 86 (1972) (holding

this requirement to be a precondition to obtaining intercept authority). With regard to

preconditions, we said that the statute “sets

up a strict procedure that must be followed

and we will not abide any deviation, no matter how slight, from the prescribed path.” Id.

at 274, 292 A.2d 86 (emphasis in original).

Failure of a precondition requires suppression of all the evidence obtained under the

wiretap. Id. See also § 10–408(i) (1) (ii) (stating as a ground for suppression that “[t]he

order of authorization under which [the communication] was intercepted ... was not

obtained or issued in strict compliance with

23a

[the wiretapping

added).

statute]”)

(emphasis

Post conditions are the actions that must be

taken after a valid wiretap order has been issued, including compliance with the

minimization mandate in the order. Bailey,

supra, 289 Md. at 153–54, 422 A.2d 1021. To

post conditions, we apply a substantial compliance standard. Id. In the context of

minimization, the substantial compliance

standard is actually a reasonable compliance

standard, which evaluates “the overall reasonableness of the totality of the conduct of

the monitoring agents in light of the purpose

of the wiretap and the information available

to the agents at the time of interception.”

Spease and Ross v. State, 275 Md. 88, 99, 338

A.2d. 284 (1975). Under this standard, imperfect compliance with a post condition does

not require suppression of the evidence obtained pursuant to the wiretap order, so long

as the level of compliance is reasonable under the circumstances. Furthermore, we

have never decided what sanction we would

apply if the monitoring agents were to fail to

reasonably comply with the minimization

mandate.

State v. Mazzone, 336 Md. 379, 383–84 (1994). The

case that first recognized the dichotomy was State v.

Bailey, 289 Md. 143, 153-54 (1980), where the defect

was the failure of the wiretap order to contain a termination directive, as had been the case in Siegel. The

Siegel order also failed to include directives that interception begin “as soon as practicable” and that

24a

interceptions be minimized. Siegel, 266 Md. at 272-73.

The Bailey court said that “the language is unequivocal, leaving no room to doubt that the legislature

intended that the wiretap order conform scrupulously to the mandate of the statute.” Bailey, 289 Md.

at 152 (emphasis added.) Here, the arguments go to

the contents of the affidavits, and not to the orders

themselves.

The parties discuss several Maryland cases from

the Court of Special Appeals. In Poore v. State, 39 Md.

App. 44, 50-55 (1978), the alleged defect was the absence of a post-intercept order to delay notification.

Again, the problem was with an order, and not with

an affidavit. In any event, suppression was not required because it was not a “substantial departure.” It

is correct that Allen v. State, 89 Md. App. 25 (1991),

discussed strict compliance in the context of the exhaustion requirement and the requirement that the

application contain a “full and complete statement of

the facts and circumstances relied upon by the applicant . . . .” The Court of Special Appeals found that the

State had complied with those requirements so there

was no cause to suppress. Finally, Salzman v. State,

49 Md. App. 25 (1981), dealt with exhaustion of normal investigative procedures and disclosure of

previous interceptions and discussed “strict compliance.” It did not find any violations, however. In

Mazzone, 336 Md. at 392-93, the Court of Appeals

found that any error in the minimization guidelines,

issued at the time the intercept order was signed, was

part of the judicial supervision of the wiretap and not

subject to the strict compliance standard. In sum, the

focus of the Court of Appeals had been on asserted errors by the issuing judge in the contents of orders or

guidelines. The Court of Special Appeals has

25a

discussed strict compliance in other contexts but has

not found suppression to be required.

The relevant standards follow.

A. Probable Cause

The probable cause standard for a wiretap order

is the same as it is for a warrant.

Pursuant to the provisions of the Maryland

Code governing the issuance of wiretaps, the

issuing court must find probable cause for

belief that an individual is committing, has

committed, or is continuing to commit a particular offense enumerated in § 10-406. See

Md. Code Ann., Cts. & Jud. Proc. § 10-408(c).

There furthermore must be probable cause

for belief that particular communications

concerning that offense will be obtained

through the interception of communications

over the targeted communication devices. Id.

The standard of review governing affidavits

in support of wiretap orders is identical to

the standard governing the review of search

warrants. United States v. Talbert, 706 F.2d

464 (4th Cir. 1983). A reviewing court is not

to substitute its judgment for probable cause

but need only determine whether there was

a substantial basis for the issuing court’s determination of probable cause. Illinois v.

Gates, 462 U.S. 213, 103 S.Ct. 2317, 76

L.Ed.2d 527 (1983).

Galloway v. United States, No. 10-cr-775-RDB, 2018

WL 1326399, at *5 (D.Md. Mar. 15, 2018).

26a

B. Necessity

Both federal and Maryland law require a finding

regarding normal investigative procedures. These

provisions are “designed to ensure that the relatively

intrusive device of wiretapping is neither ‘routinely

employed as the initial step in criminal investigation,’

United States v. Giordano, 416 U.S. 505, 515 (1974),

nor ‘resorted to in situations where traditional investigative techniques would suffice to expose the crime.’

United States v. Kahn, 415 U.S. 143, 153 n. 12 (1974).”

United States v. Smith, 31 F.3d 1294, 1297 (4th Cir.

1994). In this regard:

The government’s burden in alleging sufficient facts to show the need for wiretaps “is

not great.” United States v. Smith, 31 F.3d

1294, 1297 (4th Cir. 1994). Although the government cannot satisfy its burden with mere

conclusory statements or a recitation of certain difficulties in collecting evidence “it

need only present specific factual information sufficient to establish that it has

encountered difficulties in penetrating [the]

criminal enterprise or in gathering evidence— to the point where ... wiretapping

becomes reasonable.” Id. at 1297–98 (alterations in original) (internal quotation marks

and citations omitted).

Galloway, 2018 WL 1326399, at *5. Moreover,

In many other cases, we have affirmed wiretaps intended to reveal the higher levels of a

conspiracy when ordinary investigative

methods could not reach them. See, e.g.,

United States v. Galloway, 749 F.3d 238,

242–43 (4th Cir. 2014); Smith, 31 F.3d at

27a

1297–98; United States v. Leavis, 853 F.2d

215, 222 (4th Cir. 1988); United States v.

Clerkley, 556 F.2d 709, 714–15 (4th Cir.

1977).

United States v. Davis, 782 F.App’x 246, 251 (4th Cir.

2019).

C. Franks v. Delaware

Believing it was – or would have been – fairly easy

to discover their criminal behavior without resorting

to wiretaps, Defendants contend that the affiant either misstated applicable “facts” regarding other

investigative procedures or omitted material “facts” in

that regard. The so-called facts were whether other

procedures, such as physical surveillance, could or

would bear fruit. They argue based only on their own

assessment and provide no affidavit or other offer of

proof.

To demonstrate that a Franks hearing is

warranted, “the accused must make a substantial preliminary showing that false

statements were either knowingly or recklessly included in an affidavit supporting a

search warrant and that, without those false

statements, the affidavit cannot support a

probable cause finding.” United States v. Allen, 631 F.3d 164, 171 (4th Cir. 2011)

(emphasis in original).

United States v. Seigler, 990 F.3d 331, 344 (4th Cir.

2021), cert. denied, 142 S. Ct. 336 (2021). Moreover,

the alleged misstatements must be as to facts, rather

than opinions. See, e.g., United States v. Gordon, 871

F.3d 35, 51 (1st Cir. 2017).

28a

D. Identification

A wiretap application must include “the identity

of the person, if known, committing the offense and

whose communications are to be intercepted.” Md.

Cts. & Jud. Proc § 10-408(a) (l) (ii) (4); 18 U.S.C. §

2518(l) (b) (iv). The Supreme Court has held that “Title III requires the naming of a person in the

application or interception order only when the law

enforcement authorities have probable cause to believe that that individual is ‘committing the offense’

for which the wiretap is sought.” Kahn, 415 U.S. at

155.

E. Notice

A wiretap application must contain a “full and

complete statement of the facts concerning all previous applications known to the individual authorizing

and making the application, made to any judge for authorization to intercept wire, oral, or electronic

communications involving any of the same persons,

facilities or places specified in the application, and the

action taken by the judge on each application.” Md.

Cts. & Jud. Proc. § 10-408(a) (l) (v); 18 U.S.C. § 2518(l)

(e).

F. Minimization

Every interception must be conducted so as to

“minimize” the “interception of communications not

otherwise subject to interception . . . and must terminate upon the attainment of the authorized

objective . . .” 18 U.S.C. § 2518(5). All of the applications in this case provided instructions and

procedures for minimization.

The statute does not require that all innocent communications be left untouched.

29a

Rather, it simply requires that unnecessary

intrusions be minimized or reduced to the

smallest degree possible. [United States v.]

Clerkley, 556 F.2d [709, 716 (4th Cir. 1977)].

In determining whether the minimization

requirements of section 2518(5) have been

met, the courts apply a standard of reasonableness on a case-by-case basis. Id.

United States v. Bautista, 972 F.2d 342 (table), 1992

WL 172667, at *4 (4th Cir. 1992). As pointed out by

Judge Hollander, “[in] the course of interception, it is

difficult to know in advance which conversations ultimately might be ‘irrelevant and should have been

terminated.’ United States v. LaGorga, 336 F.Supp.

190, 196 (W.D.Pa. 1971). This is why minimization

cannot be judged by hindsight.” United States v. Miller, 50 F.Supp.3d 717, 726 (D.Md. 2014).

Although Defendants purported to raise an argument concerning minimization in their motions, there

are no specifics presented and no argument was made

at the hearing. The formalities for minimization were

included in the applications (and presumably the orders) and, in the absence of any argument, much less

evidence, that the instructions and protocols were not

followed, the minimization requirement provides no

basis on which to suppress any evidence.

G. Failure to Cease Interceptions when Objective Obtained

Under Federal law, “(5) No order entered under

this section may authorize or approve the interception

of any wire, oral, or electronic communication for any

period longer than is necessary to achieve the objective of the authorization, nor in any event longer than

thirty days.” 18 U.S.C. § 2518. Furthermore, the order

30a

shall require that it “terminate upon attainment of

the authorized objective, or in any event in thirty

days.” There is no argument that the orders failed to

comply with those directives. Rather, Defendants contend that the objectives were too broad, and could

never be achieved, or were in fact achieved but the

wiretaps continued.

H. Sealing

Both wiretap statutes provide that “Immediately

upon the expiration of the period of the [wiretap] order, or extensions thereof, [wiretap] recordings shall

be made available to the judge issuing such order and

sealed under his directions.” Md. Cts. & Jud. Proc. §

10-408(g) (l); 18 U.S.C. § 2518(8) (a). “The presence of

the seal provided for by this subsection, or a satisfactory explanation for the absence thereof, shall be a

prerequisite for the use or disclosure of the contents of

any wire, oral, or electronic communication or evidence derived therefrom under subsection (3) of

section 2517.” 18 U.S.C. § 2518(8) (a). The satisfactory

explanation applies to a delay in sealing as well as to

the absence of a seal. United State v. Ojeda Rios, 495

U.S. 257, 264 (1990).

The primary thrust of § 2518(8) (a), see

S.Rep. No. 1097, 90th Cong., 2d Sess., 105

(1968), and a congressional purpose embodied in Title III in general, see, e.g., United

States v. Giordano, 416 U.S. 505, 515, 94

S.Ct. 1820, 1826, 40 L.Ed.2d 341 (1974), is to

ensure the reliability and integrity of evidence obtained by means of electronic

surveillance. The presence or absence of a

seal does not in itself establish the integrity

of electronic surveillance tapes. Rather, the

31a

seal is a means of ensuring that subsequent

to its placement on a tape, the Government

has no opportunity to tamper with, alter, or

edit the conversations that have been recorded. It is clear to us that Congress viewed

the sealing requirement as important precisely because it limits the Government’s

opportunity to alter the recordings.

Ojeda Rios, 495 U.S. at 263. An explanation must

have been objectively reasonable at the time and the

evidence must be presented at the trial level, and not

just on appeal. Id. at 267-68.

Maryland law, while calling for immediate sealing, treats that requirement as a “post condition,”

requiring proof of prejudice and lack of substantial

compliance to result in suppression. See, Allen v.

State, 89 Md. App. 25, 33-34 and 37 (1991).

With those standards in mind, the wiretap applications can be examined individually.

II. Discussion and Analysis

A. TT1 and TT2-Tyler Ware

There is no direct challenge to the first two wiretaps, aimed at Tyler Ware and authorized on June 6

and June 13. Likely, none of the moving defendants

has standing to contest those intercepts. Those affidavits have not been provided to the court although

some of the intercepted conversations and text messages are described in affidavits for later wiretaps.

32a

B. TT3-Edward Ware, Issued June 20, 2019,

by Judge Mark K. Boyer.3

Mr. Nelson, joined by others, argues that probable

cause was lacking for the phone allegedly used by Edward Ware, whom the authorities identified as the

main source for his brother Tyler. He argues that “relatively little of the 121-page wiretap application

actually relates to Edward Ware or his suspected activities” and that “the factual basis offered to intercept

TT3 consists of a single two-month-old sighting of Edward Ware getting into Thamar Smith’s car, a dozen

phone and text conversations between the Ware

brothers, Edward Ware’s contact with two drug users

and a suspected drug dealer, the bare assertions of

two confidential informants that Edward Ware sold

drugs, and two anonymous tips from February and

April 2019 mentioning him.”

In contrast, the Government contends that the affidavit detailed a several month long investigation

into the drug trafficking activities of the Wares, outlined their criminal histories including a number of

prior drug convictions, described multiple anonymous

tips to law enforcement by concerned citizens, provided information about Eddie Ware’s involvement in

drug trafficking from four reliable confidential

sources, explained how one of these confidential

sources had recently completed two controlled purchases of heroin/fentanyl from Tyler Ware.

In reply, Mr. Nelson takes issue with the Government’s characterization of the information, pointing

3 TT4 was also authorized on June 20. Intercepted conver-

sations over TT4 are referenced in later affidavits, although no

current defendant challenges TT4 directly.

33a

out that two of the tips were several years earlier, the

confidential sources provided general information, not

clearly based on personal knowledge, and that only

three of them had information regarding Edward

Ware. He concludes that “the anonymous and confidential sources’ information should not materially

bear upon the probable cause analysis.” (ECF No. 314,

at 9).

Defendant’s argument relies on a too narrow and

hyper-critical view of the information and requires a

subjective credibility assessment that is the province

of the issuing judge. A reviewing court, rather, is to

determine whether the issuing judge had a substantial basis for concluding that probable cause was

shown. That review is based on the totality of circumstances and does not require parsing out information

so that it can be evaluated in isolation from other information. Thus, it is not irrelevant that some

information specifically referred to Tyler Ware, Edward Ware’s twin brother, or to Thamar Smith.

It is correct that the most concrete information

concerning Edward Ware is that, on April 17, 2019, he

was seen with Thamar Smith under circumstances

that led law enforcement to conclude that Smith had

sold Edward controlled substances. (ECF No. 311-1,

at 39.) That is hardly the only circumstantial evidence

supporting the conclusion that he was involved in the

drug distribution conspiracy. Conversations and text

messages between the Wares intercepted on phones

used by Tyler Ware concerned drugs, and his phones

were in frequent contact with others also believed to

be involved in illegal usage of CDS.

The argument concerning exhaustion of normal

techniques is similarly based on a crabbed view of the

34a

relevant considerations. Sought on June 20, 2019, the

affidavit recounted the course of the investigation beginning in mid-March. The initial investigation

focusing on Thamar Smith, surveillance of the storage

facility, and the tracking of his vehicle, led the authorities to the Ware brothers, who were each observed in

contact with Mr. Smith. By mid-May, agents had developed information from confidential sources,

checked trash bags and containers, attempted physical surveillance, continued to monitor the GPS on Mr.

Smith’s vehicle, checked wage data for some of the

suspected associates, and reviewed “historical recording data from [a] covert surveillance recording device.”

TT1, a line used by Tyler Ware, was monitored

from June 6 to June 9, when he stopped using it. Interception of communications over TT2, another line

used by Tyler Ware, was authorized on June 13. Law

enforcement thought the Ware brothers were working

together, but each was in charge of his “own separate

local DTO.” They thought that Edward Ware was supplying Tyler Ware, and that Thamar Smith was the

source of supply. The affiant analyzed telephone records of proposed TT3. (On page 95, the affidavit begins

discussing TT4, also used by Edward Ware.)

In the section entitled “Exhaustion of Alternative

Investigative Methods and Need for Wire and Electronic Intercept,” the affiant listed and discussed

several techniques, describing what success the technique had achieved, but noting the limitations for

further development. In particular, the affiant noted

the “close-knit” nature of the organization, the familiarity of the targets with agents and their law

enforcement vehicles, and the geography and buildings in certain areas, which all made surveillance,

35a

introduction of undercover officers, or controlled purchases difficult or unlikely to bear fruit. Other

techniques were described as premature or likely to

thwart the investigation. Specific information was

provided as to the danger or unlikelihood of producing

evidence for some techniques as well as why others

were not available.

Mr. Nelson complains that the agents did not attempt “surveillance, confidential source interviews, or

controlled buys to investigate Edward Ware before

seeking to wiretap his phone conversations.” Specifically, he contends that they cut off surveillance in

April 2019 before they should have, and disregarded

other “obvious” investigative opportunities, such as

surveillance around Pangborn Boulevard, and even

“misleadingly” said that they did not know where his

residence or stash house were located. According to

Mr. Nelson, they should have tried to learn more

about him from informants.

Mr. Nelson ignores the particularized information

about the characteristics of this conspiracy, including

its insularity and familiarity with local law enforcement. This is more than mere conclusory language

and adequately shows why the “normal” techniques

were insufficient to reveal the full scope of the conspiracy.

C. TT5-Unknown Black Male, Issued June

28, 2019, by Judge Mark K. Boyer

Mr. Nelson challenges the probable cause determination because it was based primarily on

intercepted conversations between TT5 and TT3 (used

by Edward Ware). The affidavit reveals no direct contact between Thamar Smith and the user of TT5, or

between TT5 and Tyler Ware. Thus, Mr. Nelson

36a

contends that the recitation of the larger investigation

was irrelevant. Moreover, he claims that there were

only limited conversations over two days in June 2019

which were not explicitly drug related. He acknowledges that the affidavit recounts one instance of video

surveillance, showing Edward Ware around Tyler’s

residence, walking up to a Jeep. The toll analysis is

said to be “sparse.”

He concludes:

Thus, the factual basis offered to intercept

TT5 is markedly less than that of TT3, which

is deficient in its own right, and consists of

minimal communications over two days and

TT5’s mere association with people who were

not implicated in the investigation at the

time of the application. If a person’s mere association with a suspect at a crime scene does

not create probable cause to search them,

then a person’s mere association with people

who have nothing to do with an investigation

certainly cannot do so. See, e.g., Ybarra v. Illinois, 444 U.S. 85, 91 (1979) (“Where the

standard is probable cause, a search or seizure of a person must be supported by

probable cause particularized with respect to

that person.”).

As the Government recounts, the TT5 affidavit began with a summary of the investigation beginning

with Thamar Smith and the Ware brothers, and then

the conversations between the Wares and others over

TT1, TT2, TT3, and TT4. Specifically, the affidavit

contained transcripts and descriptions of “numerous”

purportedly drug-related conversations between Eddie Ware, using TT3, and the user of TT5 (who, at that

37a

time, was unknown, but who was later identified as

Jeroam Nelson).

Mr. Nelson posits that “interim” efforts should

have been attempted, including real-time surveillance

of Edward Ware, obtaining subscriber information

and toll records for the telephone number given to Enterprise, surveillance of the address given to

Enterprise, and checking law enforcement and wage

databases for Jeroam Nelson.

Again, the defense argument is based on a too

stringent view of the necessity requirement. Judge

Hollander’s discussion of the requirement in Miller,

50 F.Supp.3d at 727-28, catalogues the considerations

that apply. Among them are that other investigatory

techniques need not be shown to be wholly unsuccessful or that all possible alternatives have been

exhausted, and that issuing judges may rely on the

knowledge, training, and experience of the affiant.

Like in Miller, the issuing judge determined that the

exhaustion had been shown, and there is no basis to

disagree with that conclusion.

Mr. Nelson also contends that the failure to name

him in the application renders it illegal and requires

suppression of the interceptions obtained by TT5 and

well as the following ones, TT8, TT9, and TT10. The

application stated that investigators had been unable

to make a positive identification of the user of TT5.

The affidavit explained that the subscriber information listed the user as “Nelson Me” at an address

in Kansas, and that investigators had surveilled the

user in a black Jeep Cherokee that was rented by

Jeroam Nelson at an address in Hagerstown. Given

the history of the investigation, it was not unreasonable for the investigators to resist leaping to the

38a

conclusion that the person using that phone was

Jeroam Nelson. Subscriber information for other

phones were in fictitious names (e.g., TT3 in name of

Adam Jones, used by Edward Ware), and Thamar

Smith used a fake driver’s license in the name of Michael Silver. In the application, the affiant recited

that the “unknown Black Male” had been operating

different vehicles rented in someone else’s name.

(ECF No. 311-2, at 116). He also stated that he knows

that “distributors of CDS often subscribe to telephones in fictitious names.” (ECF No. 311-2, at 118).

The application and affidavit correctly included all the

information developed. The failure to name Mr. Nelson does not require suppression.4

D. TT6-Unknown Male #2, issued June 28,

2019, by Judge Mark K. Boyer, and continuation issued on July 26 (Philander Spruill).

This wiretap, sought on the same day as TT5, is

challenged by Mr. Spruill (ECF Nos. 106, 109 and 268)

and Mr. Benton (who adopted ECF No. 260, filed by

Mr. Delaney, ECF Nos. 277, 309).

Mr. Benton’s motion (ECF No. 260) asserts that

TT6 should be suppressed because it failed to identify

Mr. Spruill, erroneously referred to TT5 concerning

necessity5, and, moreover, because the affidavit failed

to acknowledge that Mr. Spruill’s identity was known

4 Mr. Nelson stopped using TT5 on June 30, and, the Gov-

ernment contends, switched to TT8.

5 TT5 and TT6 were sought on the same afternoon, and the

affidavits were signed only a few minutes apart. TT6 contains

several obvious typographical errors referring to TT5 (or TT4)

when TT6 should have been referenced. While not to be encouraged, these errors do not require suppression as they could not

have misled the issuing judge.

39a

and failed to demonstrate necessity. He argues that

law enforcement had indeed identified Mr. Spruill as

the user of TT6 and “knew” that he lived at 746 Spruce

Street before seeking the wiretap.

Mr. Spruill does not contend expressly that probable cause is lacking, even though he points out that

the bulk of the affidavit does not even mention him or

his telephone. He notes that it is not until page 97 that

there is mention of the “unknown Male #2” or the

phone that is TT6. A communication between TT3

(Edward Ware) and TT6 occurs the day after TT3 is

authorized, June 21. He does argue that the exhaustion section is but a “rehash” of previous applications,

that it was not possible that the residence of the “unknown Male #2” was not known, that no attempt was

made to surveil him, and that there is no investigative

activity after June 26.

This affidavit, like its predecessors, contains sufficient foundation for the finding of probable cause,

including text messages, intercepted calls, surveillance, and analysis of toll records. The exhaustion

requirement was also supported. Sought at the same

time as TT5, this affidavit reported that the intercepts

over TT1-4 revealed planned meetings but that the

meetings occurred out of view of physical surveillance,

and that, while “unknown male #2” has been seen

meeting with Edward Ware, his identity and residence and/or stash house remained unknown.

Continued surveillance, in conjunction with interceptions, would continue.

Mr. Spruill, as does Mr. Benton, argues that he

should have been named in the application and points

to the subsequent application for a tracking device on

his phone. The application was signed and issued on

40a

July 2, 2019, but contains a “reviewed by” notation apparently dated June 26. On page 4, the affiant noted

that he believed that Philander Spruill is “unknown

male #2.” The email address on the prepaid wireless

account is budda2360@icloud.com, and Mr. Spruill

was known to have the street name Budda. This is too

weak a reed on which to base a failure to name argument. The tracking warrant was not sought until July

2 and the reviewed by notation does not establish that

all of the contents were known by June 26.

The affidavit for TT6 contains the information

that law enforcement observed a Blue Chrysler registered to Mr. Spruill at a location surveilled based on

interceptions between Tyler Ware and the unknown

mail using TT6. They identify the Chrysler as belonging to the unknown male. They recite that the

residence of the unknown male is not known and that

attempts to identify him have been unsuccessful even

though he has been observed. The affidavit states that

he has been seen operating different rental vehicles

on more than one occasion and that he was using a

rental vehicle that was rented in someone else’s name.

The subscriber information for TT6 comes back to a

prepaid customer with an address in Georgia. Suppression is not warranted due to the failure to name

Mr. Spruill.

With regard to the continuation, Mr. Spruill argues that necessity wasn’t shown, and that, by that

time, the goals of the investigation had been met and

interceptions should have ceased.

The Government responds that the recitations of

other investigative techniques were not mere repetitions, but rather provided updates. Moreover, it

41a

argues that the same explanations remained applicable and thus were properly included in this affidavit.

The purpose of defining the goals of a wiretap is

to enable the issuing and monitoring judge to assess

the necessity for and progress of the investigation.

United States v. Rose, No. 19 Cr. 789 (PGG), 2021 WL

2117119, *6 (S.D.N.Y. May 24, 2021). When the crime

under investigation is a conspiracy, significant leeway

is permitted in defining the goals:

First, defendant contends that the goals of

the wiretaps were “so broad that [they] could

never be met,” therefore rendering 18 U.S.C.

§ 2518 “a nullity.” According to defendant,

“[t]he electronic surveillance authorized

through 1995 had met its realistic investigative goals,” and after January 1, 1996, the

government was “manufacturing requisite

necessity” by stating that investigative goals

had not been met.

In the 1996 wiretap applications, the

government stated that, among other things,

it expected that the intercepted wire communications would concern “the identification of

other co-conspirators, and aiders and abettors who are acting in concert with the

subjects of this application, including the

identity of currently unidentified sources of

heroin, and individuals involved in the planning and commission of interstate computer

robberies.” See, e.g., N.D. Cal. Jan. 19, 1996

Appl. at 14943:15-19; E.D. Cal. Jan. 19, 1996

Appl. at 15057:20-25; N.D. Cal. Jan. 30, 1996

Appl. at 15166:12-16; N.D. Cal. Feb. 16, 1996

Appl. at 15364:9-13. While defendant is

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correct that many of the members of the Luong organization had been identified by the

end of 1995, it does not follow that the government s goal of identifying remaining

members of the conspiracy was overbroad or

amounts to “manufacturing” necessity.

An order authorizing electronic surveillance “‘must be broad enough to allow

interception of any statements concerning a

specified pattern of crime.’” Licavoli, 604

F.2d at 620 (quoting United States v. Tortorello, 480 F.2d 764, 780 (2d Cir. 1973)).

Moreover, as the Ninth Circuit has recognized, “[b]ecause the government has a duty

to extirpate conspiracy beyond its duty to

prevent the mere commission of specific substantive offenses . . . the government is

entitled to more leeway in its investigative

methods when it pursues a conspiracy.”

McGuire, 307 F.3d at 1198.

The mere fact that some of the main conspirators have been identified does not bar

the government from using electronic surveillance to identify remaining members of

the conspiracy. Cf. United States v. Torres,

908 F.2d 1417, 1422 (9th Cir. 1990) (“We have

consistently upheld findings of necessity

where traditional investigative techniques

lead only to apprehension and prosecution of

the main conspirators, but not to apprehension and prosecution of suppliers, major

buyers or other satellite conspirators.”);

Sandoval, 550 F.2d at 430 (stating that

“[r]equiring the officers to halt their

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investigation when they obtained evidence to

prosecute only [the main conspirator and his

wife] would have frustrated” the objective of

apprehending satellite conspirators).

In light of the government’s duty to eradicate conspiracies, the government s goal of

further identifying members of the Luong organization through the use of wiretaps in

1996, while broad, was not impermissible.

See McGuire, 307 F.3d at 1198 (stating that

the conclusion that the government has more

leeway in investigating conspiracies “reflects

a larger principle of proportionality embodied in the wiretapping statute: The more

grave the threat posed to our society, the

greater the government’s leeway in pursuing

it.”); see also Sandoval, 550 F.2d at 431 (noting that “the affidavit, while broad in the

sense of the numbers suspected, is narrowly

limited to the [the main conspirator] and his

underlings and to the one alleged conspiracy”).

United States v. Ai Le, 255 F.Supp.2d 1132, 1137–38

(E.D.Cal. 2003) (footnote omitted). It is not unusual in

drug conspiracy investigations to define those goals in

terms of learning the identity, location, and method of

everyone involved. See, United States v. Gordon, 871

F.3d 35, 51-52 (1st Cir. 2017).

The continuation affidavit, executed on July 26,

identified Mr. Spruill as the user of TT6 with the nickname Buddha and a leader of the DTO. It recited that

his source of supply in Baltimore County was still unknown. The affiant noted that intercepted

communications have indicated that meetings were to

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take place throughout the tristate area. At that point,

though, “agents have not been able to positively identify the location of/or person of the Source of Supply

believed to be located in Baltimore County, Maryland.” It was feared that DTO “leaders”, presumably

including Mr. Spruill, may or may not have direct contact with their source of supply and associates may

conduct the transactions, and meetings might occur in

public or in private, such as in restrooms. Accordingly,

while they intended to continue to use surveillance,

particularly in conjunction with authorized interceptions, surveillance would not fully meet the goals of

the investigation. Covert electronic surveillance devices were used, but had not revealed his source of

supply. A GPS tracking device was installed on his car

(and one used by Mr. Benton). Again, while useful,

particularly in conjunction with authorized interceptions, the tracking information was not likely to

achieve the full goals and objectives. This explanation

was more than sufficient to satisfy the “necessity”

prong.

Arguments by the targets of surveillance that the

authorities had achieved their objectives also ring hollow. Obviously, the investigation was progressing, but

more remained to be pursued.

E. TT8-Jeroam Nelson. Issued August 9,

2019, by Judge Mark K. Boyer

Mr. Nelson challenges the probable cause showing

by pointing out that it was wrong to characterize him

as an associate of Tyler Ware, that there was no information linking him to either brother and that

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information from the TT5 intercept was stale.6 He also

contends that there was no probable cause to establish

that the phone number belonged to or was used by

him, the common call comparison and single tip being

insufficient.

The Government, in contrast, highlights the calls

on TT8, immediately after its activation when Mr.

Nelson stopped using TT5, to drug associates who had

been in contact over TT5 immediately beforehand. It

argues that the tip from the confidential source was

corroborative. It also contends that the passage of five

weeks does not make the information stale and that

the switching of phone numbers along with continued

communication with suspected co-conspirators and

customers indicates continuing distribution.

The Government correctly argues that there was

probable cause to authorize interception of TT8. While

the substance of the calls on TT5 more than a month

earlier is important to that determination, there was

also ample evidence that the drug distribution was

continuing and that TT8 was being used for that purpose. The pattern established in earlier intercepts

continued, corroborated by the tip. The totality of circumstances provided ample basis.

The missed “interim” efforts for this wiretap allegedly included more real time surveillance, checking

Mr. Nelson’s probation records, investigating other

subjects intercepted over earlier wiretaps, further use

of confidential sources, checking phone records and

CSLI, and GPS tracking of rental cars. Again, this argument applies an inappropriate standard. The

6 Conversations over TT5 were intercepted only from June

28 to 30.

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issuing judge had sufficient basis on which to conclude

that exhaustion had been shown.

TT8 did not include TT6 in the list of “all previous

applications known to the individual authorizing and

making the application, made to any judge for authorization to intercept wire, oral, or electronic

communications involving any of the same persons,

facilities or places specified in the application, and the

action taken by the judge on each application.” TT6

was aimed at “Unknown Black Male #2” who turned

out to be identified as Philander Alexander Spruill,

and not Nelson. The only specified overlap in the two

concerned the Ware brothers, who the Government

proffers were not intercepted over TT8, TT9, or TT10,

as it turned out. The same judge who authorized TT6

was considering TT8. The Government contends that

the omission was “a simple oversight of absolutely no

consequence.” The defense sees it as a fatal omission,

particularly under Maryland law. The Court of Special Appeals, in Salzman, 49 Md. App. at 37-38,

discussed the disclosure requirements under Maryland law, and emphasized that only prior applications

“known to the individual” applicant need be included

involving the same persons.

18 U.S.C. § 2518(1) (e) requires an application to

include “a full and complete statement of the facts concerning all previous applications known to the

individual . . . making the application, made to any

judge for authorization to intercept . . . wire . . . communications involving any of the same persons, . . .

and the action taken by the judge on each such application[.]” The purpose of this section has been

discussed, but not definitively resolved:

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The legislative history of Title III does not

amplify the meaning of this statutory section, but in United States v. Bellosi, 163

U.S.App.D.C. 273, 276, 501 F.2d 833, 836

(1974), the court concluded that the legislative intent was “strictly to limit the

employment of those techniques of acquiring

information * * * to conform with the commands of the Fourth Amendment * * *.” In

that case the court discerned a number of objectives that could be served by section

2518(1) (e), among them being the prevention of judge-shopping; providing the judge

to which application is made with detailed

information appropriate to judicial consideration of whether the proposed intrusion on

privacy is justified; and to reveal to the judge

whether past applications have been denied

in order to forestall Government harassment

or other abuses of the statutory procedure.

We accepted Bellosi’s analysis of the statutory objectives in United States v. Bernstein,

509 F.2d 996 (4 Cir. 1975), vacated and remanded on other grounds, 430 U.S. 902, 97

S.Ct. 1167, 51 L.Ed.2d 578 (1977), and in our

opinion Congress never intended that section 2518(1) (e) should be construed to

require successive applications as a precondition to an appeal.

Application of U.S., 563 F.2d 637, 641–42 (4th Cir.

1977).

As noted above, only the Wares were identified as

potential participants in conversations to be overheard in both TT6 and TT8. As noted throughout, the

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Ware brothers were using the phones in TT1 (briefly),

TT2, TT3, and TT4. If they were to be intercepted on

TT6, they would using their own phones that had already been subject to intercepts that were listed in the

new application. The wiretap laws require identification of all persons expected to be intercepted,

regardless of whether they will be using the phone

line that is the subject of the intercept or on the other

end:

We therefore conclude that a wiretap application must name an individual if the

Government has probable cause to believe

that the individual is engaged in the criminal activity under investigation and expects

to intercept the individual’s conversations

over the target telephone.

United States v. Donovan, 429 U.S. 413, 428, (1977).

By referencing the earlier intercepts on the Ware

brothers’ phones, the issuing judge was advised of the

previous intercepts and including TT6 would have

been superfluous as to the Wares. TT8 was essentially

a continuation of TT5 which had been used by Mr.

Nelson. TT5 was issued on the same day as TT6, so it

is easy to see why the affiant did not see that TT6 was

not pertinent to TT8.

Mr. Nelson was not named in TT6 (he couldn’t

have been because he had not yet been identified) and,

while he has standing to challenge TT8, it is not logical that he should be able to complain about the

omission of a reference to another intercept that did

not involve him. Clearly TT6 was “known” to the applicant, but it has not been shown that he knew that

TT6 should have been included but he chose

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deliberately to omit it. At most, it was an innocent

mistake and could not have misled the issuing judge.

F. TT9-Jarvis Coleman-Fuller, Issued August

14, by Judge Daniel P. Dwyer

Defendants make a similar staleness argument

for TT9, which relied on interceptions over TT5 between Mr. Nelson and Mr. Coleman-Fuller in late

June. They also claim that the interceptions are “unpersuasive” regarding Mr. Coleman-Fuller’s role and

whether drug related conversations would be overheard.

The Government sees it quite differently, calling

this application “textbook.” It points out that the affidavit described a controlled purchase from Mr.

Coleman-Fuller the second week of August, preceded

by text messages. It also refers to the toll analysis.

Again, the Government has the better analysis.

Mr. Coleman-Fuller somewhat inconsistently challenges information about CS3, either as it relates to

probable cause or as part of the Franks challenge, but

then says CS3 should have been used further before

resorting to the wiretap. He says we don’t know

whether CS3 is using drugs or requesting payment,

making his reliability unproven. Those details would

not have changed the equation. CS3 was used for a

monitored, but not recorded, controlled buy, and had

no other involvement or information.

Regarding necessity, in addition to the earlier

mentioned possible “interim” efforts, Defendants fault

the law enforcement failure to make use of information provided to Enterprise and to undertake

surveillance of Mr. Coleman-Fuller using information

from a confidential source. He contends that proceeding to TT9 was premature. The affidavit revealed the

50a

limited role that CS3 had and could play in the investigation. CS3 is described as not being a member of

the DTO and knowing only that he sold CDS in a specific area, but not knowing the details of ColemanFuller’s role or his source of supply. The issuing judge

was also told that Mr. Coleman-Fuller used rental vehicles, and changed vehicles frequently, and that they

had been unable to locate his residence or stash house

through surveillance. The information was sufficient.

A part of Coleman-Fuller’s Franks challenge rests

on the contention that he was erroneously portrayed

as the source of drugs leading to an overdose by incorporating a misleading chart of chats. As noted by the

Government, it does not appear that anything is omitted and that the affiant states that Martin obtained

drugs from someone else and no longer needed Coleman-fuller to bring any. There certainly was nothing

material omitted. He also points to the typographical

errors, but those also are immaterial.

G. TT10-Jeroam Nelson, issued August 20

by Judge Mark K. Boyer

Mr. Nelson’s argument regarding this, final, intercept is unclear. As noted by the Government, the

application referred to many drug related conversations involving Mr. Nelson intercepted over TT8 and

TT9 and the search at the home of Eric Johnson resulting in the search of his phone containing

communications with Mr. Nelson. Immediately after

using TT8 to text another person, Mr. Nelson stopped

using TT8 and began using TT10. Investigators were

still intercepting TT9 and overheard calls between

Mr. Coleman-Fuller and Mr. Nelson on TT10 that law

enforcement believed to be drug related. The basis for

probable cause was ample. Regarding necessity, Mr.

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Nelson says the section was an “exact replica” of TT9

with one difference, law enforcement believed he frequented several different addresses, but hadn’t

identified them positively yet.

The allegedly missed interim efforts here are more

real-time surveillance of the targets and warrants for

phone records and CSLI. TT10 was sought only 6 days

after TT9 and was necessitated because Mr. Nelson

stopped using TT8 after the search at Mr. Johnson’s

residence. The affidavit outlined what normal

investigative techniques had been used or tried, and

why the wiretap was justified.

H. Franks v. Delaware

Given the facial validity of the wiretap orders, it

is necessary to address Defendants’ request for a hearing pursuant to Franks v. Delaware so that they can

try to establish that “facts” were either misstated or

omitted such that the issuing judges would have declined to issue the orders had the “facts” been properly

presented. The so-called “facts” about which Defendants complain relate to the availability of other, less

intrusive, investigative techniques. As noted before,

the burden on law enforcement to justify a wiretap is

not great and is designed to show that other techniques would not suffice to uncover the crime.

Defendants complain that law enforcement was too

quick to seek wiretaps and, perversely, seem to contend that their involvement was so obvious that it

could have been uncovered by more surveillance or

other less intrusive procedures. They argue, however,

based only on what is in the affidavits and do not supply any outside evidence, expert or otherwise, to show

precisely what could have been done so easily or with

guaranteed results.

52a

For TT3, they assert that the affidavit omitted the

ability to track Edward Ware via CSLI, to surveil

Pangborn Ave and Avalon, or to use a known confidential source.

For TT5, the affidavit allegedly omitted the ability

to utilize Enterprise rental information, probation information, or wage data, and possibly get more from a

confidential source.

For TT8, the allegedly omitted information included all of the previous assertions, as well as

“critical information” about CS2, the ability to locate

Mr. Nelson’s rental vehicles using surveillance and

CSLI, and the ability to investigate other targets using toll records, CSLI and surveillance.

For TT9, all of the above.

For TT10, again, all of the above.

Defendants have not established the foundation

for a Franks hearing. Most of their quarrels with the

statements and omissions relate to opinions about the

availability of various investigative techniques. As

noted at the outset of this opinion, Defendants must

do more than speculate and offer their own unsubstantiated opinions in order to be entitled to a

hearing. They have not done enough.

I.

Sealing

At present, the recordings for all DEA wiretaps

are downloaded to encrypted DVDs at the DEA headquarters in Washington, D.C. The encrypted disks are

then sent via FedEx to the agents, in Hagerstown,

Maryland in this case. At that point, according to the

Government, they are impossible to tamper with. Defendants argue that delays in sealing TT5, TT8, TT9,

and TT10 require suppression of evidence. The first

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two were not sealed until approximately 10 days after

expiration, while the latter two were not sealed until

more than six weeks after expiration and were not

downloaded for about a week.

The sealing orders themselves, and the memoranda supplied in ECF Nos. 311-8 and 311-9,

establish the dates of downloading, dispatch to the

agents in Hagerstown, custody before physical

transport to the Judge, and sealing. There does not

appear any substantial delay with regard to TT5. For

TT8 and TT9, TFO Mills7 reports that he was “unable”

to meet with Judge Boyer until September 20 and

Judge Dwyer until October 29. He reports taking

TT10 to Judge Boyer for sealing on October 31. He titled the subject of the memos “Late Submission of Non

Drug Evidence.”

The Government argues that there was substantial compliance, because any delays were not long

enough to raise concerns and that at least some portion of the delays was due to logistical difficulty in

meeting with the judge. The court agrees. The

orders and memos establish the system employed to

safeguard the integrity of the recordings. After expiration, the recordings are downloaded to encrypted

DVDs, send via commercial shipper to the local authorities, where they are placed in a temporary nondrug locker until they are taken to a judge to be

sealed. After that, the disks are transferred to the

non-drug evidence coordinator.

The agents, both in DC and Hagerstown, were

aware of the prompt sealing requirement and the

7 The Government advised that TFO Mills passed away be-

fore the hearing. TFO Teets was not called to testify.

54a

paramount need to protect the integrity of the recordings. There has been no challenge to the assertion that

the encrypted DVDs are tamper proof (nor any suggestion that these recordings have been tampered

with.) Still, all steps in the process were documented,

even the “lateness” of the evidence submission. Under

the Maryland framework, there has been no showing

of prejudice even if the timing violated the immediacy

requirement. Under federal law, there was a satisfactory explanation for the delay. The agent represented

to his superiors that he was “unable” to meet with the

two judges more promptly and, in light of the encrypted nature of the disks secured in an evidence

locker, that explanation is sufficient and reasonable.

III. Johnson’s motions to suppress, statement and search pursuant to warrant. (ECF

No. 213).

On August 8, 2019, a search warrant was issued

for 10090 Mill Run Circle, Apt. 201, Owings Mills,

Maryland. Eric Johnson moves to suppress all evidence obtained in the ensuing search as well as all

derivative evidence. The primary issue ready for resolution is whether the affidavit contained illegally

obtained evidence in the form of a warrantless dog

sniff.

A. Canine Sniff

Two days before the issuance of the warrant, law

enforcement brought a K-9 drug detection dog who

conducted a “free air scan of the TARGET APARTMENT main entry door.” The dog gave a positive alert

for the odor of a controlled dangerous substance. As

part of the evidentiary hearing, Agent Jasen Logsdon

testified about the circumstances surrounding that

“dog sniff.” Agents visited management and obtained

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a swipe card to access the locked entry door and permission to access the common areas. The target

apartment was leased to Latrice Campbell, the suspected girlfriend of Eric Johnson. Agent Logsdon

described the large apartment complex, with locked

entry doors. After entering with the canine drug detection team, he and the team took the elevator to the

second floor and entered a long hallway. With photos,

a video, and narrative, he described the hallway, and

demonstrated how he instructed the canine officer

about the area of interest. The canine officer told him

that the dog alerted to apartment 201. As stipulated

by the parties, in a report the canine handler described the positive alert in the area of the lower door

seam. Apartment 201 is near the elevators and occupants of other apartments on that floor would walk by

the door on their way down the hall to their own apartments. The small set back is created by the presence

of what appear to be storage closets. At the time of the

dog sniff, there was nothing in front of the apartment

door (no door mat or other indicia of control by the occupant.)

The defense called Michael McGee who inspected

the area outside the door to apartment 201. He, too,

described the area and provided measurements. He

said that the door is recessed from a common hallway

by approximately three and a half feet. Mr. McGee

gained access to the building through two secured

doors, by using the buzzer on the wall to get the property manager or someone else to answer. He clarified

that the first buzzer provided access to a person in an

office where he explained that he was a private investigator and wanted to take some photos and

measurements. He then went to the door to make his

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measurements, without getting permission from the

tenant in apartment 201

Officer Logsdon gained access to the hallway by

consent of the management of the apartment building.

Such consent is, apparently, given routinely upon request. The investigator for Mr. Johnson, Mr. McGee,

also was granted access merely by asking management. The area is carpeted and routine cleaning would

be expected, with staff frequenting the area regularly.

(Information gleaned by a telephone call to the management office was that cleaning was done daily

during the week.) Other tenants use the common hallway and pass by the area going to and from their

apartments, although the door to Apartment 201 is recessed a bit because of storage closets adjacent to it.

Based on that evidence, the court finds that the

dog sniff was not a violation of the Fourth Amendment. The area just outside the apartment door is not

within the curtilage and the presence there of law enforcement and the dog did not violate any reasonable

expectation of privacy.

The defense contends that the area immediately

outside of the door to any dwelling constitutes curtilage and is off limits to law enforcement for the

purpose of a dog sniff. It argues that the majority opinion by Justice Scalia in Florida v. Jardines, 569 U.S.

1 (2013), left unclear whether a canine sniff outside

an apartment door constitutes a search under the

Fourth Amendment. By appropriate extension, however, of the concurring opinion, the defense contends

that the question can be answered in his favor. The

concurring opinion by Justice Kagan relied on Kyllo v.

United States, 533 U.S. 27, 40 (2001), which had found

that “surveillance of the home constitutes a search

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where the government uses a device that the public

does not have access to in order to explore details of

the home that ‘would previously have been unknowable without physical intrusion.’” Justice Kagan

concluded that Kyllo resolved Jardines because a device not in general public use was used to explore

details of the home previously unknowable without

physical intrusion.

The defense recognizes that the factors described

in United States v. Dunn, 480 U.S. 294 (1987), help to

determine whether an area is within the curtilage.

Those factors are proximity to the home, whether the

area is within an enclosure, the nature and uses of the

area, and steps taken to protect the area from observation. From those factors, Mr. Johnson argues that

the apartment building is secured, the area in question is immediately outside the apartment home, the

area is used to enter and leave the apartment and not

by others for socializing, and he locks the apartment

door and chose to live in a secured apartment building. He argues that people shouldn’t be treated

differently depending on whether they live in a rental

unit or an owner-occupied single family home.

Mr. Johnson cites to a Seventh Circuit case,

United States v. Whitaker, 820 F.3d 849, 854 (7th Cir.

2016), which held that use of a drug-sniffing dog to

search a hallway outside a person’s apartment invaded that person’s reasonable expectation of privacy.

The Government, of course, disagrees and points

to the decision by the undersigned in Seay v. United

States, 15-cv-3367-DKC & 14-cr-0614-DKC, 2018 WL

1583555 (D.Md. April 2, 2018). There, in the course of

rejecting an ineffective assistance of counsel claim,

the court found that Mr. Seay could not show that the

58a

common hallway of the apartment building was part

of the curtilage to his apartment. Here, the Government argues that Mr. Johnson had no property based

right outside the apartment door and that, under the

Dunn factors, his argument fails. The Government asserts that the same analysis applies regardless of the

income level of the resident.

Ironically, perhaps the best evidence that the police did not enter the curtilage is the testimony from

the defense investigator. He merely asked the management personnel to let him in so he could take

measurements in the hallway and they did. Entrance

was not restricted to residents in any way despite the

locks on the front door. He went right up to the apartment door, probably even closer than the canine team

went, to use a measuring tape to determine the width

of the door.

While caselaw is still developing, the “majority approach continues to reject the notion that common

areas of multiunit dwellings are curtilage.” Stephen

Grego, State v. Edstrom: No Warrant Needed for Minnesota Police to Conduct a Dog Sniff Outside Your

Apartment, 16 U.ST. THOMAS L.J. 297, 327 (2020).

Nor did the canine sniff violate a reasonable expectation of privacy. Albeit in an unpublished per

curiam opinion, the Fourth Circuit has concluded,

post Jardines, that a canine sniff in a hotel hallway:

did not infringe upon a reasonable expectation of privacy. “The use of a well-trained

narcotics-detection dog—one that ‘does not

expose noncontraband items that otherwise

would remain hidden from public view—during a lawful traffic stop, generally does not

implicate legitimate privacy interests.’”

59a

Illinois v. Caballes, 543 U.S. 405, 409, 125

S.Ct. 834, 160 L.Ed.2d 842 (2005) (internal

quotation marks and citation omitted).

Moreover, “[t]he legitimate expectation that

information about perfectly lawful activity

will remain private is categorically distinguishable from [a person’s] hopes or

expectations concerning the nondetection of

contraband.” Id. at 410, 125 S.Ct. 834. Because the drug-detecting dog disclosed only

the presence of illegal narcotics, we find that

the dog-sniff did not violate Legall’s legitimate expectation of privacy.

United States v. Legall, 585 F.App’x 4, 6 (4th Cir.

2014).

B. Statements

Eric Johnson also moves to suppress any statements made during a brief custodial interrogation on

August 12, 2019. The court heard testimony about the

entry into the apartment and contact with Mr. Johnson as it might affect the admissibility of any

statement he made. Based on that evidence, the court

finds that the alleged statement by Mr. Johnson was

made after Miranda warnings were given orally and

he indicated that he understood. While it was early in

the morning, and he had been awakened by the forced

and unannounced entry into his apartment, Mr. Johnson appeared awake, and alert, in the body worn

camera video. After the entry, the situation was calm,

Mr. Johnson followed directions of the police, and was

seated for some time before the entry team left and

the investigators arrived. Any statement was made

voluntarily. The motion to suppress (ECF No. 212)

will be denied.

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IV. ECF No. 390, motion to suppress by Coleman-Fuller, denied as moot.

Counsel stated in court on March 14 that the Government would not be using any statements.

Accordingly, the motion will be denied as moot.

V. Conclusion

For the foregoing reasons, the motions to suppress

the wiretap evidence will be denied, as will the motions of Eric Johnson and Jarvis Coleman-Fuller

discussed above. The remaining motions will be discussed at the forthcoming hearing.

Date: July 6, 2022

/s/

DEBORAH K. CHASANOW

United States District Judge

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APPENDIX C

IN THE UNITED STATES DISTRICT

COURT FOR THE DISTRICT OF MARYLAND

UNITED STATES :

OF AMERICA

:

JEROAM EDWIN

NELSON, JR., et

al.

:

Criminal No. DKC 200038

:

:

ORDER

For the reasons stated in the foregoing Memorandum Opinion, it is this 6th day of July, 2022, by the

United States District Court for the District of Maryland, ORDERED that:

1. The motions to suppress evidence obtained via

electronic intercepts (ECF Nos. 106, 109, 206,

232, 276, 299, and 309), BE, and the same

hereby ARE, DENIED;

2. The motion to suppress (canine search and

statements) by Eric Johnson (ECF No. 212)

BE, and the same hereby IS, DENIED;

3. The motion to suppress statements (ECF No.

390, Coleman-Fuller) BE, and the same hereby

IS, DENIED as moot;

4. The consent motion to substitute exhibit (ECF

No. 398, Coleman-Fuller) BE, and the same

hereby IS, GRANTED;

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5. Rulings on the pertinent motions to adopt,

amend, seal, and file surreplies will be memorialized in a separate order; and

6. The clerk will transmit copies of the Memorandum Opinion and this Order to counsel for the

parties.

/s/

DEBORAH K. CHASANOW

United States District Judge

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APPENDIX D

UNITED STATES DISTRICT COURT

DISTRICT OF MARYLAND

UNITED STATES

OF AMERICA

v.

ERIC TYRELL

JOHNSON

JUDGMENT IN A

CRIMINAL CASE

(For Offenses Committed

on or After November 1,

1987)

Case Number: DKC-1-20CR-00038-003

Defendant’s Attorney: Joseph A. Balter

Assistant U.S. Attorney:

Joan Castleton Mathias

THE DEFENDANT:

❑

pleaded guilty to count(s) ____

❑

pleaded nolo contendere to count(s) ____,

which was accepted by the court.

❑

was found guilty on Counts One, Three and

Four of the Third Superseding Indictment after a plea

of not guilty.

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Title & Section

Nature of

Offense

Date Offense

Concluded

Conspiracy to

distribute

21 U.S.C.

and pos§ 841(b)(1)(B)(vi)

sess with 11/30/2019

21 U.S.C.

intent to

§ 841(b)(1)(B)(i) distribute

heroin and

fentanyl

21 U.S.C.

§ 841(a)(1)

21 U.S.C.

§ 841(b)(1)(B)(i),

(vi)

18 U.S.C.

§ 922(g)(1)

18 U.S.C.

§ 924(e)(1)

Count

Number(s)

1ss

Possession

with intent to

distribute

controlled

substances

8/12/2019

3ss

Possession

of a firearm and

ammunition by a

prohibited

person

8/12/2019

4ss

The defendant is adjudged guilty of the offenses

listed above and sentenced as provided in pages 2

through 6 of this judgment. The sentence is imposed

pursuant to the Sentencing Reform Act of 1984 as

modified by U.S. v. Booker, 543 U.S. 220 (2005).

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❑ The defendant has been found not guilty on

count(s)____

❑ The Superseding Indictment and Second Superseding Indictment are dismissed on the motion of

the United States.

IT IS FURTHER ORDERED that the defendant

shall notify the United States Attorney for this district within 30 days of any change of name, residence,

or mailing address until all fines, restitution, costs,

and special assessments imposed by this judgment

are fully paid.

March 24, 2023

Date of Imposition of Judgment

3/30/2023

Deborah K. Chasanow

Date

United States District Judge

IMPRISONMENT

The defendant is hereby committed to the custody of the United States Bureau of Prisons to be

imprisoned for a total term of 150 months on counts

one and three, concurrent, and to a term of 120

months on count four, concurrent. He was in state

custody from August 12, 2019, until he came into federal custody. None of that time has been credited to

any other sentence.

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❑ The court makes the following recommendations to the Bureau of Prisons: placement at

Cumberland, MD so as to be as close to hom’e as possible.

❑ The defendant is remanded to the custody of

the United States Marshal.

❑ The defendant shall surrender to the United

States Marshal for this district:

❑

at ____ a.m./p.m. on ____.

❑

as notified by the United

States Marshal

❑ The defendant shall surrender, at his/her own

expense, to the institution designated by the Bureau

of Prisons at the date and time specified in a written

notice to be sent to the defendant by the United States

Marshal. If the defendant does not receive such a written notice, defendant shall surrender to the United

States Marshal:

❑

before 2pm on _______________

A defendant who fails to report either to the designated institution or to the United States

Marshal as directed shall be subject to the penalties of Title 18 U.S.C. §3146. If convicted of an

offense while on release, the defendant shall be

subject to the penalties set forth in 18 U.S.C.

§3147. For violation of a condition of release, the

defendant shall be subject to the sanctions set

forth in Title 18 U.S.C. §3148. Any bond or property posted may be forfeited and judgment

entered against the defendant and the surety in

the full amount of the bond.

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RETURN

I have executed this judgment as follows:

Defendant delivered on _____ to _____ at _____, with

a certified copy of this judgment.

_________________________________

UNITED STATES MARSHAL

By: _____________________________

DEPUTY U.S. MARSHAL

SUPERVISED RELEASE

Upon release from imprisonment, the defendant

shall be on supervised release for a term of 5 years

concurrent on counts one and three, and a concurrent

term of 3 years on count four.

The defendant shall comply with all of the

following conditions:

The defendant shall report to the probation office

in the district to which the defendant is released

within 72 hours of release from the custody of the Bureau of Prisons.

A. MANDATORY CONDITIONS

1) You must not commit another federal, state or

local crime.

2) You must not unlawfully possess a controlled

substance.

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3) You must refrain from any unlawful use of a

controlled substance. You must submit to one drug

test within 15 days of release from imprisonment and

at least two periodic drug tests thereafter, as determined by the court.

❑ The above drug testing condition is suspended,

based on the court’s determination that you pose a low

risk of future substance abuse. (check if applicable)

4) ❑ You must make restitution in accordance

with 18 U.S.C. §§ 3663 and 3663A or any other statute

authorizing a sentence of restitution. (check if applicable)

5) You must cooperate in the collection of DNA

as directed by the probation officer.

6) ❑ You must comply with the requirements of

the Sex Offender Registration and Notification Act (34

U.S.C. § 20901, et seq.) as directed by the probation

officer, the Bureau of Prisons, or any state sex offender registration agency in the location where you

reside, work, are a student, or were convicted of a

qualifying offense. (check if applicable)

7) ❑ You must participate in an approved program for domestic violence. (check if applicable)

You must comply with the standard conditions that

have been adopted by this court as well as with any

other conditions on the attached page.

B. STANDARD CONDITIONS

OF SUPERVISION

As part of your supervised release, you must comply with the following standard conditions of

supervision. These conditions are imposed because

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they establish the basic expectations for your behavior

while on supervision and identify the minimum tools

needed by probation officers to keep informed, report

to the court about, and bring about improvements in

your conduct and condition.

1) You must report to the probation office in the

federal judicial district where you are authorized to

reside within 72 hours of your release from imprisonment, unless the probation officer instructs you to

report to a different probation office or within a different time frame.

2) After initially reporting to the probation office, you will receive instructions from the court or the

probation officer about how and when you must report

to the probation officer, and you must report to the

probation officer as instructed.

3) You must not knowingly leave the federal judicial district where you are authorized to reside

without first getting permission from the court or the

probation officer.

4) You must answer truthfully the questions

asked by your probation officer.

5) You must live at a place approved by the probation officer. If you plan to change where you live or

anything about your living arrangements (such as the

people you live with), you must notify the probation

officer at least 10 days before the change. If notifying

the probation officer in advance is not possible due to

unanticipated circumstances, you must notify the probation officer within 72 hours of becoming aware of a

change or expected change.

6) You must allow the probation officer to visit

you at any time at your home or elsewhere, and you

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must permit the probation officer to take any items

prohibited by the conditions of your supervision that

he or she observes in plain view.

7) You must work full time (at least 30 hours per

week) at a lawful type of employment, unless the probation officer excuses you from doing so. If you do not

have full-time employment you must try to find fulltime employment, unless the probation officer excuses

you from doing so. If you plan to change where you

work or anything about your work (such as your position or your job responsibilities), you must notify the

probation officer at least 10 days before the change. If

notifying the probation officer at least 10 days in advance is not possible due to unanticipated

circumstances, you must notify the probation officer

within 72 hours of becoming aware of a change or expected change.

8) You must not communicate or interact with

someone you know is engaged in criminal activity. If

you know someone has been convicted of a felony, you

must not knowingly communicate or interact with

that person without first getting the permission of the

probation officer.

9) If you are arrested or questioned by a law enforcement officer, you must notify the probation officer

within 72 hours.

10) You must not own, possess, or have access to

a firearm, ammunition, destructive device, or dangerous weapon (i.e., anything that was designed, or was

modified for, the specific purpose of causing bodily injury or death to another person such as nunchakus or

tasers).

11) You must not act or make any agreement with

a law enforcement agency to act as a confidential

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human source or informant without first getting the

permission of the court.

12) If the probation officer determines that you

pose a risk to another person (including an organization), the probation officer may require you to notify

the person about the risk and you must comply with

that instruction. The probation officer may contact the

person and confirm that you have notified the person

about the risk.

13) You must follow the instructions of the probation officer related to the conditions of supervision.

C. SUPERVISED RELEASE

ADDITIONAL CONDITIONS

❑ VOCATIONAL SERVICES PROGRAM

You must participate in a vocational services program and follow the rules and regulations of that

program. Such a program may include job readiness

training and skills development training.

❑ DRUG TREATMENT

You must participate in a substance abuse treatment program and follow the rules and regulations of

that program. The probation officer will supervise

your participation in the program (provider, location,

modality, duration, intensity, etc.).

❑ SUBSTANCE ABUSE TESTING

You must submit to substance abuse testing to determine if you have used a prohibited substance. You

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must not attempt to obstruct or tamper with the testing methods.

U.S. Probation Office Use Only

A U.S. probation officer has instructed me on the

conditions specified by the court and has provided me

with a written copy of this judgment containing these

conditions. For further information regarding these

conditions, see Overview of Probation and Supervised

Release Conditions, available at: www.uscourts.gov.

Defendant’s Signature _____________ Date________

CRIMINAL MONETARY PENALTIES

The defendant must pay the total criminal monetary penalties under the schedule of payments on

Sheet 5B.

Assessment

TOTALS

Restituti

on

Fine

AVAA

Assessm

ent*1

JVTA

Assessment**2

$300.00 $.00

$.00

$.00

$.00

❑ CVB Processing Fee $30.00

*1 Amy, Vicky, and Andy Child Pornography Victim Assistance Act of 2018, Pub. L. No. 115-299.

**2 Justice for Victims of Trafficking Act of 2015, Pub. L. No.

114-22

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The determination of restitution is deferred

until ___________. An Amended Judgment in a Criminal Case (AO 245C) will be entered after such

determination.

❑

❑

The defendant must make restitution (including community restitution) to the following payees in

the amount listed below.

If the defendant makes a partial payment, each

payee shall receive an approximately proportioned

payment, unless specified otherwise in the priority

order or percentage payment column below. However, pursuant to 18 U.S.C. § 3664(i), all nonfederal

victims must be paid before the United States is

paid.

Name of Total

Restitution

Payee

Loss***3 Ordered

Priority or

Percentage

$.00

TOTALS

$__________

$

$0.00

❑

Restitution amount ordered pursuant to plea

agreement __________________

❑

The defendant must pay interest on restitution and a fine of more than $2,500, unless the

restitution or fine is paid in full before the fifteenth

day after the date of the judgment, pursuant to 18

U.S.C. § 3612(f). All of the payment options on Sheet

*** Findings for the total amount of losses are required under Chapters 109A, 110, 110A, and 113A of Title 18 for offenses

committed on or after September 13, 1994, but before April 23,

1996.

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6 may be subject to penalties for delinquency and default, pursuant to 18 U.S.C. § 3612(g).

❑

The court determined that the defendant does

not have the ability to pay interest and it is ordered

that

❑

the interest requirement is waived for the

❑

❑

fine

❑

restitution

the interest requirement for the

❑

fine

❑

restitution

is modified as follows

SCHEDULE OF PAYMENTS

Payment of the total fine and other criminal monetary penalties shall be due as follows:

A

❑ In full immediately; or

B ❑ $____ immediately, balance due (in accordance with C, D, or E); or

C

❑ Not later than _______; or

D ❑ Installments to commence ____ day(s) after

the date of this judgment.

E ❑ In ____ (e.g. equal weekly, monthly, quarterly) installments of $ ____ over a period of ____

year(s) to commence when the defendant is placed on

supervised release.

The defendant will receive credit for all payments

previously made toward any criminal monetary penalties imposed.

Unless the court expressly orders otherwise, if

this judgment imposes a period of imprisonment, payment of criminal monetary penalties shall be due

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during the period of imprisonment. All criminal monetary penalties, except those payments made through

the Bureau of Prisons Inmate Financial Responsibility Program, are to be made to the Clerk of the Court.

❑

NO RESTITUTION OR OTHER FINANCIAL PENALTY SHALL BE COLLECTED

THROUGH THE INMATE FINANCIAL RESPONSIBILITY PROGRAM.

If the entire amount of criminal monetary penalties

is not paid prior to the commencement of supervision, the balance shall be paid:

❑

in equal monthly installments during

the term of supervision; or

❑

on a nominal payment schedule of $____

per month during the term of supervision

The U.S. probation officer may recommend a modification of the payment schedule depending on the

defendant’s financial circumstances.

Special instructions regarding payment of criminal

monetary penalties:

❑

Joint and Several

Case Number

Defendant and

Co-Defendant

Names (including defendant

Total

number)

Amount

Joint and

Several

Amount

Corresponding

Payee, if

appropriate

❑

The defendant shall pay the cost of prosecution.

❑

The defendant shall pay the following court

cost(s):

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❑

The defendant shall forfeit the defendant’s interest in the following property to the United

States:

See attached Order.

Payments shall be applied in the following order:

(1) assessment, (2) restitution principal, (3) restitution interest, (4) AVAA assessment, (5) fine principal,

(6) fine interest, (7) community restitution, (8) JVTA

assessment, (9) penalties, and (10) costs, including

cost of prosecution and court costs.

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APPENDIX E

FILED: August 29, 2025

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 23-4255

(1:20-cr-00038-DKC-3)

UNITED STATES OF AMERICA

Plaintiff - Appellee

v.

ERIC TYRELL JOHNSON, a/k/a E

Defendant - Appellant

ORDER

Upon consideration of appellant’s motion to strike

or withdraw appellant’s pro se rehearing petition, the

court grants the motion.

Entered at the direction of Judge Harris with the

concurrence of Judge Richardson and Judge Heytens.

For the Court

/s/ Nwamaka Anowi, Clerk

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APPENDIX F

APPLICATION/AFFIDAVIT FOR SEARCH

AND SEIZURE WARRANT

TO: The HONORABLE JUDGE ________________ of

the DISTRICT COURT for Washington County, Maryland.

Application is herewith made for a Search and

Seizure Warrant in that there is probable cause to believe the laws relating to the illegal possession,

manufacturing, distribution, and possession with intent to distribute controlled dangerous substances, as

defined in the Annotated Code of Maryland, Criminal

Law Article, Title 5, dealing generally with controlled

dangerous substances are being violated in and upon

a certain premises, by person(s), located at the address of 10090 Mill Run Circle Apartment 201,

Owings Mills, Baltimore County, Maryland

21117,(the TARGET APARTMENT) is located on the

second floor within a multi-unit apartment complex

called Greenwich Place, located off Mill Run Circle.

The multi-unit apartment complex has four (4)

floors, with the exterior material being a combination

maroon brick with tan vinyl. There is a concrete walkway that leads from the guest parking lot to the main

entrance door to Greenwich Place and is clearly labeled “10090”.

From the exterior, the TARGET APRTMENT is

observed on the second floor to the front right of the

main entry door of Greenwich Place. There are several

exterior windows observed trimmed in white and a

balcony trimmed in white, all of which overlook the

front parking lot.

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The TARGET APRTMENT is located through the

main entry door to Greenwich Place, past the lobby,

and to the right. An elevator is taken to the second

floor and the TARGET APARTMENT is located directly across the exit of the elevator. The TARGET

APARTMENT main entry door is maroon in color,

trimmed in white, with the door locking mechanism

located on the right side. “201” is clearly inscribed located in the middle top portion of the main entry door.

Investigators have been too said TARGET APARTMENT and can identify same. Below are photographs

of the TARGET APARTMENT building and the main

entry door to the TARGET APRTMENT.

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The name of your Affiant is Agent Jay Mills, of the

Washington County Sheriff’s Office, presently assigned to the Washington County Narcotics Task

Force, Hagerstown, Washington County, Maryland.

Agent Jay Mills has been a member of the Washington County Sheriff’s Department for over eighteen

(18) years as a duly sworn Deputy Sheriff.

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Agent Mills has attended and successfully completed a twenty (20) week minimum standard training

at the Western Maryland Police Academy, which was

conducted by the Hagerstown Department of Police

between March 2000 and July 2000. Parts of the academy dealt with the identification, investigation,

packaging, sale, and distribution of controlled dangerous substances, as well as the laws of the state of

Maryland as they pertain to Search and Seizure.

Agent Mills was assigned to the Washington

County Sheriff’s Department Uniform Patrol Division

from July 2000 to July 2007. During this time Agent

Mills was responsible to enforce traffic and criminal

Laws in the State of Maryland and to respond to calls

for service as required by this department within the

boundaries of Washington County, Maryland. In that

time Agent Mills has made in excess of two hundred

criminal and traffic related arrests many of which involved violations of Maryland’s Controlled Dangerous

Substance Laws.

From July 2007 to August 2012 Agent Mills was

assigned to the Washington County Sheriffs Department Traffic and Criminal Interdiction Unit. During

this time it was Agent Mills’ responsibility to handle

uniformed traffic matters, as well to interdict persons

violating criminal laws in Maryland. Agent Mills was

also responsible for assisting the Washington County

Narcotics Task Force with motor vehicle stops, identifications, and as a uniformed Officer on search and

seizure warrants. On numerous occasions Agent Mills

assisted the Narcotics Task Force, Drug Enforcement

Administration, and the Criminal Investigation Unit

of the Washington County Sheriff’s Department, with

active investigations. During Agent Mills’ time on the

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Traffic and Criminal Interdiction Unit he has made

and/or participated in over one hundred criminal arrest most of which pertained to violations of

Maryland’s Controlled Dangerous Substance Laws.

In August of 2012 Agent Mills was assigned to the

Washington County Narcotics Task Force. Since

Agent Mills’ assignment to the Washington county

Narcotics Task Force he has made or assisted in the

arrests of over 200 persons for drug related offenses.

Agent Mills has also participated in the execution of

numerous search and seizure warrants. Agent Mills

also participates in undercover drugs purchases, and

also drives informants to undercover drug purchases.

In January of 2016 Agent Mills was assigned as a full

time Task Force Officer with the Drug Enforcement

Administration.

In April 2004 Agent Mills attended an eight-hour

block of instruction on Undercover Narcotics Surveillance Operations Training. The Multi-Jurisdictional

Counterdrug Task Force of the Southeastern Public

Safety Institute of St. Petersburg, Florida gave this

course. This training dealt with Undercover Operations Utilizing Automobiles, Surveillance, Informants

and their handling.

In March 2006 Agent Mills attended a twenty-four

block of instruction in Criminal Drug Interdiction.

The Public Agency Training Council of Indianapolis

Indiana gave this course. This course dealt with highway criminal interdiction, as well as identification of

indicators of deceptive behavior, and roadside interviews.

In November of 2006 Agent Mills attended a

thirty-two hour block of instruction in advanced highway criminal and terrorist interdiction. Desert Snow

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of Guthrie, Oklahoma gave this training. This course

dealt with highway criminal and terrorist interdiction. This course also dealt with identification of

hidden compartments and the use of natural voids in

motor vehicles to conceal contraband, weapons, and

us currency. Agent Mills was also trained in the use

of the “Echo Test” for testing vehicle tires, which contained contraband on non commercial vehicles. Agent

Mills was also instructed on how to identify indications of deceptive behavior. During this course Agent

Mills and other students actually searched vehicles

with hidden compartments and natural voids. A total

2,284 pounds of simulated narcotics, 6.3 million dollars in simulated U.S. currency, and 223 different

types of hidden or natural compartments were located. During this class Agent Mills also participated

in a simulated meth lab workshop. During the simulated meth lab workshop Agent Mills was instructed

on the production of meth, and the weights and packaging of meth.

In July 2008 Agent Mills attended a twenty-four

hour block of instruction in Jetway interdiction. The

Drug Enforcement Administration gave this course.

This course dealt with Hotel/Motel interdiction, Bus

interdiction, Airport interdiction, and Parcel interdiction.

In May of 2009 Agent Mills attended a twentyfour hour block of instruction on advanced commercial

vehicle criminal and terrorist interdiction. Desert

Snow in conjunction with the Northeast Counter Drug

Training Center gave this course. This course dealt

with highway criminal and terrorist interdiction specifically for commercial vehicles. Agent Mills was

instructed and how to test commercial vehicle tires

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and large fuel tanks, for contraband by the use of the

“Echo Test”. Agent Mills and other students also participated in several commercial vehicle searches for

both natural voids and hidden compartments; which

contained simulated narcotics, explosives, and U.S.

currency. Agent Mills was also instructed on how to

identify indications of deceptive behavior

In July of 2009 Agent Mills attended a twentyfour hour block of instruction on Hidden Assets in

Commercial Vehicle Training. The 4:20 group of

South Carolina gave this course. The course dealt

with highway interdiction specifically commercial motor vehicles. Agent Mills along with other students

actually searched commercial motor vehicles containing simulated narcotics and U.S. currency.

In September of 2009 Agent Mills attended an

eight-hour block of instruction on interview and interrogation. The U.S. Attorney’s out of Baltimore

Maryland put this training on. This training mainly

dealt with custodial interview and interrogation, and

techniques used to obtain confessions.

In October of 2009 Agent Mills attended an eighthour block of instruction on Heroin. The Drug Enforcement Administration of Baltimore Maryland put

this training on. This training dealt with the production and importation of heroin into the United States.

This training also went into detail on tabletop operations, and distribution trends of heroin in the United

States.

In April of 2013 Agent Mills attended a forty eight

hour block of instruction in Undercover Drug Law Enforcement Training (Top Gun School). The Northeast

Counter Drug Training Center and the Maryland

State Police hosted this class. During this course of

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training Agent Mills participated in undercover purchases of various types and weights of controlled

substances in different types of packaging. Agent

Mills also participated in the planning and execution

of high risk search and seizure warrants. Agent Mills

was instructed on different types of undercover surveillance and informant handling. During this class

Agent Mills was exposed to several different types of

controlled dangerous substances including their

weights and packaging.

In March of 2014 Agent Mills attending a thirty

six hour block of instruction on Advanced Undercover

Techniques and Survival. The course was hosted by

the International Association of Undercover Officers

in Daytona Beach Florida. During this course Agent

Mills was taught many different techniques used by

undercover officers all over the United States and

abroad. This course also dealt with informants and

their handling, the planning and execution of high

risk search and seizure warrants, and the planning

and execution of undercover controlled purchases of

controlled dangerous substances.

Agent Mills has also been called upon to assist in

instructing criminal interdiction, consensual encounters, and hotel/motel interdiction to students of the

Western Maryland Police Academy. Agent Mills has

attended numerous other police in-service training

classes, part of which dealt with the identification, investigation, packaging, use, sale, and distribution of

controlled dangerous substances.

Over the past eighteen (18) years as a police officer for the Washington County Sheriff’s

Department, Agent Mills has assisted in the execution

of numerous search and seizure warrants for

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controlled dangerous substances. Agent Mills has also

testified as an expert witness relating to controlled

dangerous substances in the Circuit Court for Washington County, Maryland.

In addition, Agent Mills has been a deputized as a

Task Force Officer for the Drug Enforcement Administration (DEA) and the Federal Bureau of

Investigation (FBI), case specific for different investigations that involved wire interceptions. During these

investigations, Agent Mills has monitored phone and

text conversations between suppliers, distributors,

and users of CDS. Agent Mills also conducted surveillance during these operations. While working these

assignments Agent Mills has learned street jargon,

pricing, and the quantities of street level drug sales.

Agent Mills has also conducted well over one hundred

(100) cellular telephone downloads utilizing a Cellebrite UFED Touch device during his assignment at

the Washington County Narcotics Task Force. In reviewing these cellular telephone downloads between

distributors and users of CDS Agent Mills has

learned, many different terms used in relation to the

names of specific types of CDS as well as amounts and

prices.

In support of this application, and as a basis

for probable cause, your Affiant does depose

and swear that:

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INTRODUCTION

Since June, 2019 to present the Washington

County Narcotics Task Force (WCNTF) and the Drug

Enforcement Administration (DEA) have been investigating a drug trafficking organization run by

Philander SPRUILL, Christopher BENTON, Tyesha

WEEDON and others. As a part of this, investigators

have spoken with confidential sources, witnesses, and

sources of information, have conducted undercover

controlled purchases of heroin/fentanyl, have tracked

vehicles and phones, have initiated Title III’s (wire

taps) and have conducted surveillance of those involved, in addition to other investigative activities.

Based on these investigative activities investigators

have identified several residences/apartments and vehicles used and/or associated with this organization.

Your Affiant has not identified every part of this investigation known to him, however only enough

information to establish probable cause for this affidavit.

Based on this investigation, investigators have determined that Philander SPRUILL obtains quantities

of heroin/fentanyl from a Source of Supply (SOS) in

Ownings Mills, Maryland. SPRUILL transports the

heroin/fentanyl back from Owings Mills, Maryland to

Hagerstown, Maryland, processes/cuts it and then resells it predominantly in Washington County,

Maryland and Berkley County, West Virginia. When

SPRUILL travels to Ownings Mills, Maryland, he

travels to 10090 Mill Run Circle. 10090 Mill Run Circle is a very large apartment complex located in a

commercial shopping area in Owings Mills, Maryland.

Based on surveillance and other investigative technics

investigators believe that SPRUILL is meeting with a

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male named Eric JOHNSON and/or a female named

Latrice CAMPBELL in apartment 201 at 10090 Mill

Run Circle, Owings Mills, Maryland (the TARGET

APARTMENT).

Based on my training, knowledge, and experience,

I know that it is common for narcotics distributors to

store narcotics and/or other contraband at their residences/apartments. Thus, as set forth in more detail

below, there is probable cause to believe that there

will be fruits, evidence and instrumentalities of distribution, possession with intent to distribute and

conspiracy to distribute and possess with intent to distribute CDS in the TARGET APARTMENT.

CRIMINAL HISTORY OF Eric JOHNSON and

Latrice CAMPBELL

Eric Tyril JOHNSON, date of birth redacted,

FBI# redacted SSN # redacted Eric JOHNSON has

the following criminal convictions: a 2002 CDS Manufacture / Distribution Narcotic and VOP in Frederick,

Maryland; a 2002 CDS Possession With Intent to Distribute Narcotic in Frederick, Maryland; a 2002 Fail

Obey Lawful Order in Frederick, Maryland; a 2005

Wear Carry / Transport Handgun; a 2005 CDS Manufacture / Distribute Narcotic in Frederick, Maryland;

a 2010 CDS Possession- Not Marijuana in Frederick,

Maryland; and a 2018 CDS Possession With Intent to

Distribute Narcotic in Frederick, Maryland;

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Latrice Geneva CAMPBELL, date of birth redacted

has no identifiable criminal history;

HISTORICAL INFORMATION

As detailed further below, this DTO investigation

started with Thamar SMITH being identified through

this investigation and by law enforcement officers to

be the leader of a larger DTO for the distribution of

Controlled Dangerous Substances to include cocaine,

crack cocaine, heroin, and/or fentanyl, operating in

and/or around the area of Maryland, District of Columbia, West Virginia, Virginia, and Pennsylvania.

Agents have attempted to identify Thamar

SMITH’s Source of Supply, and current storage and/or

“stash house” where Thamar SMITH is storing, processing, and/or packaging Controlled Dangerous

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Substances (cocaine, crack cocaine, heroin, and/or fentanyl), firearms, monetary proceeds of the DTO, and

other evidence to assist in the prosecution of the DTO

for the illegal sales and distribution of Controlled

Dangerous Substances in Washington County, Maryland. Despite numerous efforts, Thamar SMITH’s

Source of Supply has neither been identified nor has

enough information been developed into Thamar

SMITH’s DTO.

During the initial investigation into Thamar

SMITH’s DTO, Tyler WARE and Edward WARE have

been identified by law enforcement officers to be the

leaders of a local DTO involved in the distribution of

Controlled Dangerous Substances, to include cocaine,

crack cocaine, heroin, and/or fentanyl, operating in

and/or around the area of Hagerstown, Maryland and

at that time were originally supplied by Thamar

SMITH.

Utilizing a Court Order, intercepted communications were collected starting on Target Telephone #1

on June 6th 2019, Target Telephone #2 on June 13th

2019, Target Telephone #3 on June 20th 2019, and

Target Telephone #4 on June 20th 2019, known to be

used by the DTO of Tyler WARE and/or Edward

WARE.

Through these intercepted communications,

Agents have positively identified Philander Alexander

SPRUILL, utilizing Target Telephone #6, as a Source

of Supply for Tyler WARE and Edward WARE’s local

DTO. Philander SPRUILL was identified through

physical surveillance, electronic surveillance, the Motor Vehicle Administration records, call records,

intercepted telephone communications and toll analysis, and intelligence gathered through monitored

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intercept electronic communications through a Maryland State Court Ordered Title III (wire).

Agents have found that Philander SPRUILL

a.k.a. “Buddha” is the leader of a larger DTO and is

currently supplied by an unknown Source of Supply in

Baltimore County, Maryland. Philander SPRUILL’s

direct DTO associates consists of Tyesha Georquiss

WEEDON and Christopher Scott BENTON. Philander SPRUILL directs Tyesha Georquiss WEEDON

and Christopher Scott BENTON to distribute CDS in

the area of Washington County, Maryland. Philander

SPRUILL’s DTO associates include: Charles Aaron

KEGARISE a.k.a. “Bundy”, Michael Eugene Lyle

a.k.a. “Big Mike”, Sirage Ekwan Carter DELANEY

a.k.a. “Dramu”, Tyler Lee WARE, and Edward Melvin

WARE a.k.a. “Eddie”.

Since the initial identification of Target Telephone #6, utilized by Philander SPRUILL, and the

Court Order on June 28th 2019 and “re-up” on July 26

to allow the electronic intercept of communications on

Target Telephone #6, Agents have seen consistent

communication between Target Telephone #6 and

other Target Subject(s) and/or other known associates

of illegal usage of Controlled Dangerous Substances.

CURRENT INFORMATION

As stated above investigators have been intercepting communications on one of Philander SPRUILL’S

telephones (TT6) since June 28th, 2019. Based on

those interceptions investigators have established

that SPRUILL uses TT6 when he is selling CDS to his

customers however investigators has also established

that SPRUILL has another telephone on which he

contacts his suppliers on. Investigators have yet to

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identify the phone number that SPRUILL uses to contact his suppliers.

SURVEILLANCE CONDUCTED JULY 9, 2019

On July 9, 2019, at approximately 12:05 p.m. investigators intercepted session #2029. Which was an

incoming call to PHILANDER SPRUILL utilizing TT6

from Michael LYLES utilizing telephone number

(240) 971-9631. Below is a transcript of session #2029

in part:

PS: Yeah

ML: Yo

PS: What’s up

ML: It’s Big Mike what’s goo with ya

PS: Who’s this Big Mike

ML: Yeah

PS: Listen, what’s up you trying to do something

ML: Yeah but

PS: Yo listen, wait real quick, like I’m about to go

meet, I’m gonna go grab something better that I got

right now

ML: Alright how long you talking

PS: I’m only, I’m going to Baltimore and coming right

back

ML: Alright can you stop through on your way back

PS: Bro I’m not gonna stop with a whole bunch of

drugs on me to break off something, Bro I got to get it

where it goes and I’ll double back, but I’m not gonna

stop. It’ll be just my luck I’m pulling in Fred, I’m not,

you just don’t do that shit Bro, you get your shit, you

go from one place to another and secure that shit, you

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don’t keep stopping with a whole load in the car, I

don’t ride with 10, 5 grams Bro, I ride with a Buck,

two three, like I ain’t gonna stop, you know what I’m

saying, that’s hot, stopping in Fred get the tags man,

soon as I come back, I’m gonna put it up and come

double back out there though, soon as I put it up I’ll

come double back out there... You hear me

ML: Alright

PS: It’s worth it though, I mean it’s defiantly worth it

ML: Umm let me

PS: I’m just not driving through Fred with a bunch of

drugs I can’t do it

ML: Huh

PS: I don’t give a fuck if I miss it or none of that, I’m

just not driving through Frederick with a bunch of

drugs so

ML: No I feel you

PS: I mean if nigga can wait it’s gonna be worth it

though, that’s all I can say, I’m on my way out there

right now

ML: Oh you already on the road

PS: Yeah I’m already on the road, so I ain’t procrastinating, I’m on the road right now

ML: Alright

PS: So you want me to hit you on this number

ML: Yeah

PS: And if you hold them down, I’ll do something for

you, hold it down I’ll do something for you, throw you

some extra

ML: Huh

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PS: I said hold it down, if you wait for me I got something extra for ya

ML: (unintelligible) 4 or 5 of them

PS: Alright what ever you get I’ll throw something on

top of that

Based on their training, experience and

knowledge of this investigation, investigators believe

that LYLES was attempting to purchase four or five

grams of heroin/fentanyl from SPRUILL. Investigators also believe that SPRUILL is telling LYLES that

he will meet him later because he (SPRUILL) is going

to meet his supplier to purchase/be fronted an amount

of heroin/fentanyl.

At the time of this call, investigators had a court

ordered GPS phone ping on SPRUILL’S cellular telephone (TT6). It should be noted that GPS phone pings

do not give the exact location of the device; rather they

give a general area (in Meters) where the device is. At

approximately 1:18 p.m. SPRUILL’S cellular telephone pinged in the near Interstate 795 in the area of

Owings Mills, Maryland. At approximately 1:39 p.m.

SPRUILL’S cellular telephone pinged approximately

960 Meters from the TAGRET APARTMENT. A short

time later SPRUILL began traveling back towards

Hagerstown, Maryland.

At approximately 2:56 p.m. investigators observed

SPRUILL arrive back at his residence (746 Spruce

Street) from Owings Mills, Maryland via covert surveillance. SPRUILL exited his vehicle and entered his

residence through the back door. At approximately

3:11 p.m. investigators began intercepting communications between Bret REDMAN and Philander

SPRUILL regarding REDMAN purchasing two grams

of heroin/fentanyl from SPRUILL. SPRUILL

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indicated that he needed a twenty-five minutes before

he could meet REDMAN. SPRUILL also told REDMAN to go to the “same place” which investigators

know to be Lee Street between Potomac Street and

Locust Street.

Based on these communication investigators went

to the area of SPRUILL’S residence and Lee Street to

conduct surveillance. At approximately 3:55 p.m., utilizing a covert video surveillance device, investigators

observed SPRUILL exit the rear entry door to his residence. SPRUILL was observed carrying a gray

Walmart grocery bag that appeared to be full of an unknown content.

SPRULL was observed leaving his residence operating his Acura TL. Investigators followed SPRUILL

to Lee Street. At approximately 3:57 p.m., SPRUILL

parked on Lee Street and sent REDMAN a text message indicating that he was there. At approximately

3:59 p.m., REDMEN approached the passenger side

door of SPRUILL’S vehicle. A short time later, investigators observed REDMEN exit SPRUILL’S vehicle

carrying a gray Walmart grocery bag that appeared to

be full of clear plastic bags. REDMEN crossed Lee

Street toward the direction of the sidewalk of 6 Lee

Street as SPRUILL drove out of the area.

REDMEN walked to the front of the area of 6 Lee

Street and threw the gray Walmart grocery bag in an

open trash container located on the sidewalk, in the

common area. REDMEN then left the area. Investigators remained in the area in visual contact with the

gray Walmart grocery bag.

At approximately 4:05 p.m., Investigators seized

the gray Walmart grocery bag from the trash container. Investigators found that the trash container

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contained only large black and white trash bags. The

gray Walmart grocery bag seized was the only grocery

style bag located in the trash container. Immediately

upon seizure, investigators observed sandwich bags

with cut corners, indicative to the sales and distribution of CDS.

Investigators took the Walmart grocery bag back

to their office and inspected it. The following items

were recovered from the Walmart grocery bag:

A1: one (1) gray Walmart grocery bag, one (1)

empty box of sandwich bags, numerous sandwich

bags with cut corners containing a tan powder residue of suspected fentanyl;

A2: one (1) large plastic bag with tan powder residue of suspected fentanyl;

A3: one (1) foil pack with tan powder residue of

suspected fentanyl;

A4: one (1) wax paper with tan powder residue of

suspected fentanyl;

A5: one (1) wax paper with tan powder residue of

suspected fentanyl;

Based on these events that occurred on July 9th,

2019 investigators believe based on their training, experience, and knowledge of this investigation that

SPRUILL traveled to the TARGET APRTMMENT

and met with his supplier to purchase or be fronted a

quantity of fentanyl. Investigators believe that

SPRUILL transported the fentanyl back to Hagerstown, Maryland, cut it, and packaged it for street

level sales. Investigators also believe that SPRUILL

took the trash out of his residence and gave it to REDMAN to through away so that law enforcement would

not be able to intercept it.

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SURVEILLANCE CONDUCTED JULY 10, 2019

On Wednesday, July 10th 2019, investigators intercepted communications on TT6, identified to be

used by Philander SPRUILL and telephone number

(304)620-0680, identified to be used by an unknown

black male known only as “Reg”.

Utilized intercepted communications in conjunction with physical and electronic surveillance, Agents

learned the following:

CALL: 2178

INCOMING: (304) 620-0680

DATE: 07/10/2019

TIME: 09:22:23

PARTICIPANTS: Philander Spruill (PS) and Unknown Male (UM)

PS: Reg

UM: What’s up, did you get good

PS: Nah I’m on my way to get it now, I’m leaving I’m

in my car leaving right now it’s there I just gotta grab

it right now I was waiting for my man to pull up with

it but (Unknown) I’m going right now I anint gonna go

far be back in town by like 12 be in town by 12

UM: Okay you be back in town by 12

PS: Yeah I’ll be back in town by 12

UM: Okay sounds good

PS: Alright come on buddy

UM: I’m just gonna wait on you

PS: Alright got you we gotta do shit jumping again I

need that shit

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UM: Yeah I’m just gonna wait on (unknown) fucking

with nobody

PS: I’m on the way right now

UM: Yeah I’m not fucking with nobody else I’m just

gonna wait on you

PS: Alright come on buddy

UM: Alright

Based on this DTO investigation, investigators

know through their training, knowledge, and police

experience that “get good” is common drug terminology if Philander SPRUILL has the suspected CDS in

his possession. Philander SPRUILL’S response is that

he’s “gotta grab it” and will be “back in town”.

At approximately 1045 hours, utilizing a Court

Ordered GPS tracking device data on the 2012 Acura

TL, Philander SPRUILL’s motor vehicle is observed

traveling east bound on Interstate 70 from U.S. Route

40.

Agent Teets, Agent Shifflet, Agent Hook, Agent

Dellamura, and Agent Logsdon began actively following the GPS tracking device data on the 2012 Acura

TL toward the direction of Owings Mills, Maryland.

At approximately 11:45 a.m., utilizing a Court Ordered GPS tracking device data on the 2012 Acura TL,

SPRUILL’S motor vehicle is observed parked in the

parking lot nearest the main entrance into Greenwich

Place.

At approximately 11:47 a.m., Agent Logsdon arrived in the area of the parking lot nearest the main

entrance into Greenwich Place. Agent Logsdon observed the 2012 Acura TL located parked in the

parking lot nearest the main entrance into the TARGET APARTMENT building. Shortly after, Agent

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Teets, Agent Shifflet, Agent Hook, and Agent Dellamura arrived on scene to conduct physical

surveillance.

At approximately 12:16 p.m., Agent Teets observed SPRUILL exit the side door (marked “A”) to the

right of the main entrance into the TARGET APARTMENT building. SPRUILL was observed by

investigators entering the 2012 Acura TL and leaving

the parking lot shortly after with a juvenile child.

At approximately 12:19 p.m., utilizing a Court Ordered GPS tracking device data on the 2012 Acura TL,

SPRUILL’S motor vehicle is observed leaving the

parking lot nearest the main entrance into TARGET

APARTMENT building.

Agent Teets, Agent Shifflet, Agent Hook, Agent

Dellamura, and Agent Logsdon began actively following the GPS tracking device data on the 2012 Acura

TL toward the direction of Hagerstown, Maryland.

At approximately 1:24 p.m., utilizing a Court Ordered GPS tracking device data on the 2012 Acura TL,

SPRUILL’S motor vehicle is observed traveling west

bound US Route 40 at Eastern Boulevard, toward the

direction of his residence, 746 Spruce Street.

At approximately 1:35 p.m., utilizing electronic

surveillance, Agents observed the 2012 Acura TL park

behind Philander SPRUILL’s residence. At 1:37 p.m.,

SPRUILL was observed exiting the 2012 Acura TL

with a juvenile child and entering into his residence.

CALL: 2268

INCOMING: (304) 620-0680

DATE: 07/10/2019

TIME: 14:20:30

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PARTICIPANTS: Philander Spruill (PS) and Unknown Male (UM)

PS: Yo

UM: Yep

PS: Hello

UM: Got uh you got you got the stuff

PS: Yeah (unknown) gonna take two you want two

UM: Yeah you got two of them

PS: Yeah I’m (Unknown)

UM: Depends on how fast you can get to me if you can

get to me fast enough I’ll take the two

PS: Alright (Unknown) right now

UM: Huh

PS: It’s being made as we speak (unknown) You don’t

hear the noise I’m making it right now. (mixing noise

in the background).

UM: Okay yeah shit

PS: Over talk (unknown)

UM: How long you think

PS: Like 25 right

UM: 25 minutes

PS: Yeah

UM: Alright I’m gonna go head and call him and tell

him it gonna be about 30 minutes

PS: Alright

UM: Alright

Based on this DTO investigation, investigators

know through their training, knowledge, and police

experience that “two of them” is common drug

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terminology for two (2) grams or two (2) predetermined quantities of suspected CDS, suspected heroin

and/or fentanyl. SPRUILL responded “don’t you hear

the noise I’m making it right now” is common

knowledge that drug distributors prepare and/or add

filler or cutting agent to the CDS before distribution.

CALL: 2276

OUTGOING: (304) 620-0680

DATE: 07/10/2019

TIME: 14:53:55

PARTICIPANTS: Philander Spruill (PS) and Unknown Male (UM)

UM: Yea!

PS: Yo!

UM: Yo!

PS: You want the two?

UM: Yea!

PS: Huh?

UM: I want two!

PS: Alright!

UM: Alright um!

PS: I’ll see you (unintelligible)

UM: OK!

SURVEILLANCE CONDUCTED JULY 30, 2019

On July 30th 2019, TFO Mills was monitoring a

covert surveillance camera affixed to the rear of Philander SPRUILL’S residence located at 746 Spruce

Street Hagerstown, Maryland. At approximately 8:08

p.m. TFO Mills observed a black 2016 Nissan Altima

102a

displaying Maryland registration 62813CH pull in the

driveway of 746/748 Spruce Street and park.

An unknown black male exited the driver’s door

the Altima and walked into the back door of 746

Spruce Street. It should be noted that SPRUILL was

inside of the residence at this time. A short time later

an unknown black female exited the passenger side

door of the Altima and smoked a cigarette while waiting to the rear of the residence.

At approximately 8:14 p.m. the black male who

was operating the Altima exited the rear door of 746

Spruce Street and walked back to the vehicle. The unknown black male entered the front passenger seat of

the Altima and the unknown black female entered the

driver’s seat of the Altima. The Altima then left the

area.

TFO Mills caused a checked to be made of the

Maryland Registration plate on the Altima and found

that it was registered to Latrice Geneva CAMPBELL

listing an address of 4700 Creekside Circle Apartment

201, Ownings Mills, Maryland 21117. TFO Mills

checked the Maryland State Police ETIX system to see

if the Altima had been stopped previously in the State

of Maryland and found that the Altima had been

stopped three times in 2019. According to the ETIX

system, the operator of the vehicle at the time of all

three stops was Eric Tyrell JOHNSON. TFO Mills obtained Maryland driver’s license photographs of both

CAMPBELL and JOHNSON. TFO Mills compared

the driver’s license photograph of JOHNSON to the

unknown male captured on the covert camera at

SPRUILL’S residence and it appears to possibly be the

same person.

103a

Investigators have determined that SPRUILL

travels to the TARGET APARTMENT located in Owings Mills, Maryland to “re-up” his supply of

heroin/fentanyl. TFO Parrish sent a subpoena to Management at Greenwich Palace in an attempt to

identify if JOHNSON or CAMPBELL have an apartment at this location.

On August 1, 2019, TFO Parrish received a response from Management at Greenwich Palace

indicating that CAMPBELL is the leassee of apartment 201 at 10090 Mill Run Circle, Owings Mills,

Maryland 21117 (the TARGET APARTMENT)

SURVEILLANCE CUNDUCTED AUGUST 5,

2019

On August 4th 2019 at approximately 10:10 p.m.

SPRUILL is seen on electronic surveillance camera

exiting his residence at 746 Spruce Street in Hagerstown, Maryland and entering his black Acura TL. A

short time later SPRUILL drives out of view of the

camera. At approximately 11:45 P.M. TFO Bryce Parrish observed, via court ordered GPS tracker, that

Philander SPRUILL began traveling east bound on

interstate 70. Based on previous surveillance operations by Investigators TFO Parrish believed that

SPRUILL would be traveling to Owings Mills, Maryland to meet a source of supply of heroin/fentanyl.

TFO Parrish began traveling toward Owings

Mills, Maryland however was approximately 20-30

minutes behind SPRUILL. TFO Parrish continued to

monitor the GPS Tracker. On August 5th2019 at 12:52

a.m. TFO Parrish observed the GPS tracker showing

a location at the intersection of Grand Central Avenue

and Mill Run Circle in Owings Mill’s Maryland. More

104a

specifically in the Lowes parking lot closest to that intersection. It should be noted that the Lowes’ parking

lot is located within the same business/residential

area as the TARGET APRTMENT. At Approximately

1:15 a.m. TFO Parrish observed SPRUILL’s Acura TL

backed into a parking space at the Lowes parking lot.

Within approximately 20 yards of SPRUILL’s vehicle

was a gathering of five unknown males and approximately five vehicles including SPRUILL’s. TFO

Parrish observed the group of males converse in the

Parking lot for approximately 30 minutes before all of

the vehicles left the area together. TFO Parrish terminated surveillance at that time. The GPS tracker

showed that SPRUILL returned to Hagerstown, Maryland. At approximately 2:47 a.m. SPRUILL is seen,

via surveillance camera, exiting his Acura TL and entering his residence at 746 Spruce Street in

Hagerstown, Maryland.

K-9 SCAN CONDUCTED AUGUST 7, 2019

On August 7, 2019 at approximately 3:05 a.m.

TFO Vigue and his certified K-9 partner “Cody” from

the Baltimore HIDTA Office met with TFO Logsdon

at the TARGET APARTMENT. TFO Vigue and his K9 partner conducted a free air scan of the TARGET

APARTMENT main entry door. TFO Vigue advised

that K-9 “Cody” gave a positive alert for the odor of a

controlled dangerous substance.

In addition to the above listed information, investigators know based on intercepted communications

and the court ordered GPS tracking device on

SPRUILL’s 2012 Acura that he has traveled to the

area of the TARGET APRTMENT on July 15th, July

24th and August 6th.

105a

Based upon your Affiant’s training, experience,

and participation in other investigations involving

Controlled Dangerous Substances (CDS) he knows the

following:

A. That narcotics traffickers often purchase and / or

title assets in fictitious names, aliases or the

names of relatives, associates or business entities

to avoid detection of these assets by government

agencies.

B. That even though these assets are in names other

than the narcotics traffickers, the narcotics traffickers actually own and continue to use these

assets, and / or exercise dominion and control over

them.

C. Those narcotics traffickers must maintain, on

hand, large amounts of U.S. Currency in order to

maintain and finance their on-going narcotics

business.

D. That it is common for narcotics traffickers to

maintain books, records, receipts, notes, ledgers,

receipts relating to the purchase of financial instruments and / or the transfer of funds, and other

papers relating to the transportation, ordering,

sale, and distribution of controlled substances.

The aforementioned books, records, receipts,

notes, ledgers and other papers are maintained

where the traffickers have ready access to them.

E. That it is common for narcotics traffickers to secrete contraband, proceeds of narcotics sales and

records of narcotics transactions in secure locations within their residences, their businesses, the

residences of relatives and associates, safe deposit

boxes, and / or other locations over which they

maintain dominion and control, for ready access

106a

and to conceal these items from law enforcement

authorities.

F. That in order to accomplish this concealment, narcotics traffickers frequently build stash places

within their residences, their businesses, the residences of relatives and associates, or use safe

deposit boxes, or burial in the ground. There are a

number of publications available instructing

where and how to conceal narcotics. Copies of

these types of publications have been found in the

aforementioned locations of narcotics traffickers.

G. That it is common for persons involved in narcotics trafficking to maintain evidence relating to

their obtaining, secreting, transfer, concealment

and / or expenditure of narcotics proceeds, such as:

large amounts of currency, financial instruments,

precious metals and gemstones, jewelry, books,

records, invoices, receipts, records of real estate

transactions, bank statements and related records, certificates of deposits, passbooks, money

drafts, letters of credit, money orders, bank drafts,

cashier’s checks bank checks, safe deposit box

keys, money wrappers, and other evidence of

other financial transactions. These items are

maintained by the narcotics traffickers within

their residences, their businesses, the residences

of relatives and associates, safe deposit boxes and

/ or other locations over which they maintain dominion and control.

H. That narcotics traffickers often utilize electronic

equipment such as computers, telex machines,

facsimile machines, currency-counting machines,

telephone answering machines and cellular telephones to generate, transfer, count, record and /

107a

or store the information described above in items

A, C, D, E and G above.

I.

That when narcotics traffickers amass large proceeds from the sale of narcotics, the narcotics

traffickers attempt to legitimize these profits

through money laundering activities. To accomplish these goals, narcotics traffickers utilize,

including but not limited to, domestic banks and

their attendant services, securities brokers, professionals such as attorneys and accountants,

casinos, real estate agents, shell corporations,

business fronts, and otherwise legitimate businesses which generate large quantities of

currency to legitimize their illegal profits.

J. That the sale of cocaine, heroin and other controlled dangerous substances generate large

quantities of United States currency in small denominations (commonly referred to as street

money).

K. That it is common for narcotics traffickers to separate their “street money” by denomination and

put this currency in rubber banded stacks varying

$100.00 or $1000.00 increments to facilitate quick

counting.

L. That the courts have recognized that the small and

medium denominations of questionable currency,

along with the manner in which the currency is

handled, carried and concealed may establish

probable cause that there is a substantial connection between the questionable currency and

narcotics transactions.

M. That it is common for narcotics traffickers to exchange “street money” (small denominations) for

large denominations of currency, which can be

108a

concealed in secure locations within their residences, their businesses, the residences of

relatives and associates, safe deposit boxes, and /

or other locations in order to amass a larger

amount of currency in a concealed area.

N. That the Currency Transaction Report (CTR) (IRS

Form 4789), which is required to be completed and

filed with the IRS by all financial institutions on

every currency transaction which exceeds

$10,000.00, causes tremendous problems for narcotics traffickers when they attempt to negotiate

their illegal profits at a financial institution.

O. That, in order to evade the filing of a CTR, narcotics traffickers often “structure” their currency

transactions so that no one transaction exceeds

$10,000.00. Or they provide false or misleading information in an attempt to legitimize or conceal

the source and / or ownership of the currency; or

they have someone conduct their currency transactions on their behalf.

P. That deposits of large amounts of currency, which

include the structuring and / or breaking of a

cache of funds into multiple deposits, each under

$10,000.00 so as to circumvent the filing of CTR’s,

is indicative of money laundering activities.

Q. That narcotics traffickers at times become fearful

that their extravagant spending habits will bring

them under scrutiny by the Internal Revenue Service or other Federal, State, or Local agencies. In

order to legitimize their spending, these traffickers

file

tax

returns

reporting

income

commensurate with the amount of money they

have spent during the year, which they feel, can

be traced and documented by the government.

109a

The “source” of their income reported on these returns are usually falsely stated, misleading, or

generic in terms. Retained copies of these returns

are commonly kept by the traffickers in their residences and businesses.

R. That cocaine and/or other controlled dangerous

substance traffickers commonly maintain addresses or telephone numbers in books, papers or

cellular telephones which reflect names, addresses and /or telephone numbers of their

associates in the trafficking organization, and / or

individuals involved in their money laundering

activities.

S. That narcotics traffickers utilize cellular telephones, personal digital assistants (PDA), text

messaging, and “push to talk” or “direct connect”

so as to make it more difficult for law enforcement

authorities to identify and /or intercept their conversations. These organizations also use scanners

and telephone tap devices in an attempt to develop their own intelligence information about

police activities.

T. That drug traffickers often keep paraphernalia for

packaging, cutting, weighing and distributing

controlled dangerous substances; these paraphernalia include but are not limited to scales, plastic

bags, and cutting agents such as baking soda and

inositol.

U. That drug traffickers take or cause to be taken

photographs of themselves, their associates, their

property, and their product using still and video

cameras. That these traffickers usually maintain

these photographs in their possession.

110a

V. That the courts have recognized that unexplained

wealth is probative evidence of crimes motivated

by greed, in particular, trafficking in controlled

substances.

W. That narcotics traffickers commonly have in their

possession that is on their person, at their residences and/or businesses, firearms, including but

not limited to: handguns, pistols, revolvers, rifles,

shotguns, machine guns and other weapons.

These firearms are used to protect and secure a

drug trafficker’s property. Such property may include, however, is not limited to: narcotics,

records, proceeds and profits derived from narcotics trafficking. These firearms are also used to

prevent the theft of controlled dangerous substances and to protect dealers from law

enforcement officers effecting a seizure and arrest. It has been your Affiants experience that

drug traffickers also utilize firearms to intimidate

persons who owe money for controlled substances

provided on consignment.

Therefore your Affiant Agent Jay Mills avers that

based on information a reliable source of information,

electronic surveillance, GPS tracking devices, physical surveillance as well as other investigation by your

Affiant and other investigators that there is probable

cause to believe that there is now being concealed certain property, namely; controlled dangerous

substances, related paraphernalia, monies relating to

the illegal sale of controlled dangerous substances and

documents showing financial records, drug transactions, drug associates and proprietary interest, which

is in violation of the Laws of the State of Maryland

and evidence relating to the commission of a crime

111a

pertaining to the Annotated Code of Maryland, Criminal Law Article, Title 5 in and upon the premises,

person(s) located at 10090 Mill Run Circle Apartment

201, Owings Mills, Maryland 21117.

Your Affiant therefore prays that a Search and

Seizure Warrant be issued, authorizing, Agent Jay

Mills, or any other police officer in and for the State of

Maryland, with the necessary and proper assistance,

to search and seize as follows:

A. Enter and search the person(s), and premises,

as completely described above as well as any

outbuildings, which may be attached thereto

or otherwise, associated therewith;

B. Search the person(s) and clothing of all persons found in or upon said premises, who may

be participating in violations of the statutes

hereinbefore cited, and who may be concealing

evidence, paraphernalia, documents, money,

firearms, and controlled dangerous substances;

C. Open and search any safes, boxes, bags, compartments, electronic devices or things in the

nature thereof, found in or upon said premises, or person(s);

D. Seize and search all evidence, paraphernalia,

documents, weapons, ammunition, controlled

dangerous substances, electronic devices such

as cellular telephones and the data stored in

them, telephone answering machines and audio tapes and the messages stored there upon,

and money used in or incidental to the conduct

or operation of controlled dangerous substance violations, found in or upon said

premises, person(s);

112a

E. Seize all property for which there is probable

cause to believe is subject to forfeiture, pursuant to Criminal Procedure Article, Section 12101 et seq. Annotated Code of Maryland;

F. Arrest all persons found in or upon said premises that may be participating in violations of

the statutes hereinbefore cited;

G. Leave a copy of this warrant, the affidavit and

application in support thereof, together with

an inventory of the property seized; and,

H. Return a copy of this warrant, the affidavit

and application in support thereof, together

with an inventory of the property seized, if

any, to me within ten days after the execution

of this warrant, or if not served, you are to return this warrant to me promptly after its

expiration as required by law.

*************************************************

I DO SOLEMNLY DECLARE AND AFFIRM UNDER THE PENALTIES OF PERJURY THAT

THE CONTENTS OF THE FORGOING DOCUMENT ARE TRUE AND CORRECT TO THE

BEST OF MY KNOWLEDGE, INFORMATION

AND BELIEF.

Reviewed and approved as to probable cause by:

Michele Hansen, A.S.A. for Washington County Maryland, this the 7th day of August 2019 at 5:24 p.m.

113a

Sworn to and subscribed to me this

day of

August 2019, in Washington County, Maryland.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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