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United States v. Halliburton
United States District Court, C.D. Illinois, Springfield Division
January 10, 2018
UNITED STATES OF AMERICA, Plaintiff,
KEITH HALLIBURTON, Defendant.
REPORT AND RECOMMENDATION
I. LONG. UNITED STATES MAGISTRATE JUDGE
matter is before the Court for a Report and Recommendation on
Defendant Keith Halliburton's Motion to Suppress Evidence
(d/e #15). Keith Halliburton (hereafter either
“Halliburton” or “Defendant”) was
charged by indictment with a single charge of Possession of a
Controlled Substance with Intent to Distribute (d/e #1). The
parties stipulated to the evidence relating to the seizure
(d/e #23) and thereby agree that the matter can be resolved
without an evidentiary hearing. Accordingly, no hearing was
held. The Court, after considering the parties' briefs,
the applicable law, and the stipulated evidence, hereby
recommends that the Motion should be DENIED.
evidence stipulation is included below in its entirety for
ease of reference:
On March 4, 2016, United States Postal Inspector Keith
Williams ("Insp. Williams") contacted the Decatur
Police Department Street Crimes Unit and advised that two
suspicious packages ("subject packages") were in
route to 1404 E. Main, Decatur, Illinois ("subject
premises"). On March 7, 2016, Insp. Williams intercepted
the two packages and brought them to the Decatur Police
Department ("DPD") where Detective Chad Larner
("Det. Larner") conducted a free air sniff with his
certified police K-9 Neko. Neko gave positive alerts for
controlled substances on both packages. The subject packages
both contained the same return address in California and were
addressed to Lisa Lawis at the subject premises. Officers
were able to determine that the name Lisa Lawis was not
associated with the subject premises.
On March 8, 2016, Insp. Williams obtained a federal search
warrant for the subject packages from United States
Magistrate Judge Eric Long. Upon executing the search
warrants at the DPD, officers found approximately 2, 685
grams of marijuana in one package and approximately 5, 927
grams of marijuana in the other package. Officers removed
most of the marijuana but left some in each package in
anticipation of a controlled delivery of the subject
On March 8, 2016, Detective Jeff Hockaday ("Det.
Hockaday") of DPD obtained permission to install "a
GPS tracking device and/ or monitoring device with a
breakaway filament" in both subject packages in Macon
County Circuit Court. Det. Hockaday also obtained
anticipatory search warrants for the delivery of the subject
Prior to the delivery of the subject packages law enforcement
officers had determined that the defendant had been
associated with the subject premises in 2015 via a water
bill, the defendant had been associated with another package
containing marijuana in 2014, and the defendant was currently
in federal custody at a halfway house for a drug trafficking
offense. Based on this information, officers had obtained and
circulated a picture of the defendant, in anticipation of the
fact that he might be the intended recipient of the subject
packages. In addition, when the bureau of prisons assigned
the defendant to a halfway house in the area Det. Hockaday
personally met with the defendant in an attempt by the
defendant to cooperate with law enforcement. Based on this
meeting, Det. Hockaday could identify the defendant.
At approximately 2:45 PM on March 8, 2016, USPIS Josh
Bergeron (Insp. Bergeron) delivered the subject packages
while dressed as a United States Postal carrier. Insp.
Bergeron placed the boxes on the porch of the subject
premises after receiving no response from anyone inside the
residence. Officers in the area remained on surveillance. At
approximately 3:20 PM, officers observed a silver Volkswagen
arrive at the residence. The description of the sole occupant
of the vehicle matched the defendant's description.
Officers then observed the defendant exit the silver
Volkswagen, proceed to the porch of the subject premises and
pick up the subject packages. The defendant then stood on the
porch of the subject premises and examined the subject
packages before taking both packages back to his vehicle and
leaving the area.
Surveillance officers followed the defendant directly to 849
N. Dunham in Decatur. During this time officers established
the silver Volkswagen was registered to the defendant at an
address in Springfield, IL. At 849 N. Dunham, officers
observed the defendant's vehicle parked in the driveway
next to a white Pontiac van. The Pontiac van had its doors
open. Officers then saw the defendant reaching into the back
of his vehicle, where he had earlier placed the subject
packages. After about 10 minutes, surveillance officers saw
the defendant leave 849 N. Dunham in his silver Volkswagen.
The doors to the white Pontiac van were now closed. Insp.
Bergeron advised the other members of the investigation that
the tracking devices placed inside the subject packages
indicated that they were no longer in the defendant's
vehicle but had been transferred to the white Pontiac van and
remained at 849 N. Dunham.
Shortly after the defendant left 849 N. Dunham, Det. Larner
conducted an investigatory stop on the defendant's
vehicle. The entirety of the stop and the conversation
between Det. Larner and the defendant was audio/video
recorded by Det. Larner's in-car camera. At approximately
3:40 PM, Det. Larner made contact after pulling the defendant
over. Det. Larner took (sic) advised the defendant of his
Miranda rights, at which time the defendant waived
his rights and agreed to cooperate with officers. The
defendant advised Det. Larner that the packages were meant
for him (the defendant), they contained marijuana, and he had
placed them in the white Pontiac van at 849 N. Dunham. Det.
Larner drove the defendant back to 849 N. Dunham, arriving at
approximately 3:54 PM.
At approximately 3:56 PM, Det. Hockaday met with the
defendant and began questioning him. The defendant gave
verbal and written permission to search the entire premises
of 849 N. Dunham and provided Det. Hockaday with the keys to
the white Pontiac van so officers could search it. The
defendant also gave Insp. Williams verbal permission to
search the white Pontiac van. After beginning to search the
residence, Det. Hockaday returned to the marked police SUV
and retrieved the key to the van the defendant had supplied
so that officers could unlock the van in order to search it.
At some time after 4:07 PM, officers used the key supplied by
the defendant to unlock the van and began their search. While
searching the van officers recovered the evidence underlying
the charges in this case. At no time did the defendant open
either of the subject packages.
motion is focused on the conditions precedent to the warrant.
Specifically, Defendant argues that the triggering conditions
for the anticipatory warrant never occurred, asserting that
the warrant was contingent on Defendant accepting delivery of
the package on behalf of Lisa Lawis and opening the package
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