September 27, 2016
from the United States District Court for the Southern
District of Illinois. No. 3:13-cr-30125-DRH-ll - David R.
Bauer, Rovner, and Hamilton, Circuit Judges.
two-year investigation into a drug-trafficking operation
commenced in Spring 2011, when the Drug Enforcement
Administration received a tip that Tyrone Carraway was
distributing narcotics in East St. Louis, Illinois. Agents
enlisted a confidential source to make controlled purchases
of crack cocaine from Cortez Yarbrough, one of Carraway's
distributors. In December 2011, DEA agents received
authorization to wiretap Carraway's phone. They learned
from the wiretapped conversations that Carraway was obtaining
cocaine from a barbershop in St. Louis, Missouri, operated by
one Ernest Lyons; Richard Graham, Carraway's cousin,
acted as an intermediary between Carraway and Lyons. Carraway
distributed cocaine from his father's tire shop in East
St. Louis, Illinois, referred to as "the Gate."
January 14, 2012, intercepted calls from Carraway's phone
revealed that he and Graham were going to retrieve narcotics
from Lyons' barbershop; surveillance teams near the
barbershop observed Carraway and Graham enter the barbershop
and exit a short time later. Next, Carraway's vehicle
headed toward the Gate in East St. Louis. During this trip, a
surveillance team intercepted three calls between Carraway
and Jenkins, using the phone number (618) XXX-4062.
the first call, using coded language, Carraway told Jenkins
that cocaine had arrived and that he would save some for him.
In the second call, Carraway told Jenkins that he was in East
St. Louis; Jenkins responded that he would meet Carraway in
fifteen minutes. The last call was made as surveillance teams
were monitoring the Gate. Jenkins told Carraway that he was
"finna pull up." A short time later, a black GMC
Yukon with an Illinois temporary license plate number 244N250
pulled onto the lot. The car was registered to a Devontae
Jenkins. Agents were unable to confirm who was driving the
Yukon or observe what transpired inside the Gate because it
was dark outside. The Yukon left after approximately five
January 28, 2012, agents intercepted phone calls between
Carraway and Graham indicating that they planned to make
another trip to the barbershop for cocaine. Surveillance
teams at the barbershop observed Carraway and Graham arrive.
The two went inside and stayed for about twenty minutes.
Afterward, they ate at a nearby diner. While they were at the
diner, agents intercepted a call between Jenkins and
Carraway. Carraway told Jenkins that he would be heading to
East St. Louis soon, and that he would call Jenkins when he
was on his way so that they could meet.
teams followed Carraway and Graham to the Gate. Suspecting
that Carraway would be distributing narcotics from the Gate,
Special Agent Matthew McKnight contacted Jarrod Leckrone, an
Illinois State Trooper, and instructed him to make a traffic
stop near the Gate at the agent's direction. While
monitoring the Gate, agents intercepted another call between
Carraway and Jenkins; Carraway told Jenkins that he could
"come on this way." A short time thereafter, agents
observed the same Yukon from their January 14, 2012,
surveillance arrive at the Gate. The Yukon left about five
minutes later. Agents provided Leckrone with a description of
the Yukon and its direction of travel. Leckrone noted that
the vehicle had illegally tinted windows, the temporary
registration was obscured, and the driver was not wearing a
seat belt. He pulled the Yukon over eight blocks from the
advised Jenkins, the driver of the vehicle, why he had been
stopped. Jenkins admitted that he had not been wearing a seat
belt. Leckrone observed that Jenkins acted nervous and
excited; he also noticed an odor of burnt cannabis emanating
from the vehicle. Leckrone asked Jenkins if he had any
cannabis or other contraband in the car; Jenkins said no. At
this point, an assisting officer arrived and Leckrone asked
Jenkins to exit his vehicle so that it could be searched.
Jenkins stood at the front of Leckrone's squad car during
the search.Leckrone searched the area of the dashboard
and center console and found a plastic panel, behind which
was a cellophane bag containing cocaine. He also found three
cell phones which were "ringing one after another."
The phones were seized as part of the search.
transported Jenkins to the Illinois State Police headquarters
in Collinsville, Illinois. McKnight also went to the
headquarters, at which time Leckrone gave him the cocaine and
cellular phones. McKnight searched the settings on one of the
phones; he determined that its number was (618) XXX-4062, the
same number from which agents had intercepted calls on
January 14 and 28, 2012. Moreover, the call log showed recent
calls to Carraway and Yarbrough. Leckrone read Jenkins his
Miranda rights. Jenkins stated that the truck
belonged to his cousin, and that he did not know anything
about the cocaine recovered during the search. He refused to
provide any further information.
18, 2013, a grand jury charged Jenkins with conspiracy to
distribute, and possession with intent to distribute cocaine
in violation of 21 U.S.C. §§ 841(a)(1),
841(b)(1)(A)(ii), and 846, and possession with intent to
distribute cocaine in violation of 21 U.S.C. § 841(a)(1)
and 18 U.S.C. § 2. Jenkins filed a motion to suppress
evidence to exclude: the cocaine found in his car, evidence
from the search of his phone, and any statements that he
30, 2014, the district court denied in part and granted in
part the motion to suppress. The court denied the motion as
to the search of Jenkins' vehicle and subsequent
statements made by Jenkins. The court found that the vehicle
search was invalid under the search incident to arrest
exception, but permissible under the collective knowledge
doctrine. The court found that the evidence was admissible
because Leckrone had established independent probable cause,
and normal police investigation would have inevitably led to
the discovery of the evidence. The court granted the motion
to suppress the results of the cell phone search, relying on
Riley v. California, 134 S.Ct. 2473, 2493 (2014),
which held that a warrant must generally be obtained prior to
searching an arrestee's cell phone data.
Government filed a motion to reconsider the motion to
suppress. It argued that the evidence obtained from the cell
phone search should be admitted, based on United States
v. Flores-Lopez, 670 F.3d 803 (7th Cir. 2012), which
held that searching a cell phone found on an arrestee's
person to identify its telephone number was a valid
warrantless search incident to arrest. 670 F.3d at 809-10.
The court granted the Government's motion and permitted
use of the cell phone evidence.
three-day jury trial concluded on March 18, 2015, and Jenkins
was found guilty of possession with intent to distribute
cocaine. The court declared a mistrial on the conspiracy
count and dismissed it.
United States Probation Office prepared Jenkins'
Presentence Investigation Report, which concluded that
Jenkins' Sentencing Guidelines range was 27-33
months' imprisonment. The PSR noted that Jenkins'
sentence could run concurrently, partially concurrently, or
consecutively to his 308-month term of imprisonment on an
unrelated conviction for kidnaping and using or carrying a
firearm to commit a federal crime of violence. At sentencing,
the court adopted the PSR as its own factual findings. The
court sentenced Jenkins to 27 months' imprisonment, and a
term of 3 years' supervised ...