January 14, 2019
from the United States District Court for the Southern
District of Indiana, Indianapolis Division No.
l:16CR00048-001 - Sarah Evans Barker, Judge.
Wood, Chief Judge, and Brennan and St. Eve, Circuit Judges.
BRENNAN, CIRCUIT JUDGE.
Huskisson appeals his conviction for possession with intent
to distribute methampheta-mine. He argues government agents
illegally obtained the drug evidence used to convict him when
they raided his house without a warrant and saw drugs in his
kitchen. The government concedes the illegal entry, but
counters that a later-issued search warrant rendered the drug
evidence admissible. We consider whether after the illegal
entry the exclusionary rule applies to the methamphetamine
found in Huskisson's house.
The Search and Seizure
February 5, 2016, Drug Enforcement Administration (DEA)
agents arrested Anthony Hardy on drug conspiracy charges and
related offenses. Seeking to cut a deal, Hardy immediately
admitted his role in the conspiracy, led DEA agents to his
drugs and guns, and rolled over on two local drug dealers.
One of those dealers was Paul Huskisson. Huskisson was
previously unknown to the Indianapolis DEA task force, but
Hardy provided plenty of intelligence on his dealings with
Huskisson, including that:
• Hardy purchased varying quantities of methamphetamine
from Huskisson six times over the preceding five months, for
$8, 000 per pound.
• Hardy bought methamphetamine both at Huskisson's
house and at a car lot Huskisson owned.
• Huskisson told Hardy that Huskisson's source
expected a shipment of ten to twelve pounds of
methamphetamine the next day, February 6. Hardy believed he
could buy some or all of that methamphetamine from Huskisson.
further proof of Huskisson's involvement in the drug
conspiracy, Hardy called Huskisson that day. DEA agents,
including Special Agent Michael Cline, listened to and
recorded that conversation with Hardy's consent. On the
call, Huskis-son agreed to deliver ten to twelve pounds of
methampheta-mine to Hardy.
next day, Hardy and Huskisson arranged the details of the
transaction through a series of telephone calls (again,
recorded by the DEA with Hardy's consent). In all, Cline
listened in on nine phone calls between the two. Huskisson
and Hardy agreed the drug deal would occur at Huskisson's
home that night. At that point, the DEA agents did not apply
for a search warrant, believing they needed to corroborate
that there was methamphetamine at Huskisson's residence
before filing the application.
stayed with Cline until around 5:30 p.m., when Hardy left for
Huskisson's house. Cline tailed Hardy's car until it
arrived at Huskisson's house about ten minutes later.
Cline waited in his car and watched Hardy enter the house,
with an entry team on standby. This entry team comprised DEA
agents and local law enforcement, including Indiana State
Police detective Noel Kinney.
p.m., Cline saw a car pull into the house's driveway. Two
men (later identified as Jezzar Terrazas-Zamarron and Fredi
Aragon) got out of the car with a cooler, approached the
house, and entered. Ten minutes later, Hardy walked outside
and gave a prearranged signal to indicate he had seen
methamphetamine in the house.
Hardy gave the signal, Cline ordered the entry team to enter
Huskisson's house and secure the scene. At the time, no
search warrant had been issued. The entry team entered the
house and arrested Terrazas, Aragon, and Huskisson, who
refused to consent to a search of his residence. Upon entry,
officers saw in plain sight in the kitchen an open cooler
with ten saran-wrapped packages of a substance which field
tested positive for methamphetamine. The three men were taken
into custody. Meanwhile, Cline remained outside, pretending
to arrest Hardy ...