United States District Court, C.D. Illinois
MYERSCOUGH, U.S. DISTRICT JUDGE.
matter comes before the Court on the Report and
Recommendation of United States Magistrate Judge Tom
Schanzle-Haskins (d/e 23) entered on September 11, 2019
relating to a Motion to Suppress Evidence (d/e 20) filed by
Defendant Ryan Douglas. Defendant filed Objections to the
Report and Recommendation (d/e 24). The Government did not
file a response to the Objection.
Report and Recommendation, the Magistrate Judge recommends
that this Court deny Defendant's Motion to Suppress
Evidence. For the reasons set forth below, the Court
OVERRULES Defendant's Objections (d/e 24) and ACCEPTS and
ADOPTS the Magistrate Judge's Report and Recommendation
(d/e 23) to deny Defendant's Motion to Suppress (d/e 20).
Court adopts Judge Schanzle-Hankins' Statement of Facts
with additional facts noted below by citation.
summarize, law enforcement launched an investigation against
Ryan Douglas in 2018, which included obtaining and executing
two search warrants. The first search warrant authorized the
search of a residence located at 1726 N. 16th
Street, Quincy, Illinois (“Residence Warrant”).
In pertinent part, the affidavit supporting the Residence
Warrant provided that the West Central Illinois Task Force
began receiving information in reference to Ryan Douglas
selling methamphetamine and cocaine in the Quincy, Adams
County area. See d/e 20-1 p. 2 of 3. Defendant
commonly drove a black BMW, which was registered to his
girlfriend, Amanda Nieders. See id. In February
2018, law enforcement conducted a controlled purchase of one
gram of cocaine at 934 Payson Street, Quincy, Illinois. The
confidential source told law enforcement that during the
purchase, the seller (identified as “target” in
the affidavit) used a phone to contact the source of supply,
and the phone number the seller called was 217-305-3830. The
confidential source stated that the source of supply arrived
in the black BMW. During the controlled purchase, law
enforcement observed a black BMW with an Illinois license
plate number AB86683 arrive at the location of the purchase.
in February, law enforcement made a controlled purchase of
methamphetamine near 17th and Locust. A black BMW
arrived and parked next to the confidential source, and the
dealer (again referred to as “target” in the
affidavit) got out of the confidential source's car and
into the black BMW. The dealer returned to the confidential
source's vehicle after a short time. The confidential
source believed the driver of the black BMW was Ryan Douglas.
importance is Paragraph 6 of the affidavit to the Residential
Warrant. It provides in full:
6. Within the last 72 hours LE conducted a controlled
purchase from Ryan Douglas. The confidential source was
searched and no contraband was located. The CS was then
provided $500 USC OAF along with a covert recording device.
The CS placed a phone call to Douglas at phone number
217-305-3830. Douglas advised he was leaving the store and
would be at the predetermined meeting location shortly.
Approximately 10 minutes later Inspector Hiland observed the
black BMW pull into the driveway of 1726 N. 16th. Inspector
Hiland observed Douglas take several items into the house.
Douglas then got back into the black BMW and proceeded to the
predetermined meeting location. Once there the CS stated
Douglas met with several people. The CS then got into
Douglas' vehicle. The CS provided Douglas with the $500
USC OAF and Douglas provided the CS with a knotted baggie of
crystal substance. Douglas then left the area. LE conducted
surveillance and observed Douglas travel directly back to
1726 N. 16th. Inspector Hiland then observed Douglas go
inside the residence. Officer Bemis and I then picked the CS
up and took them to the WCITF office. The CS was searched
again and no contraband was located.
See id., p. 3 of 3. The affidavit for the Residence
Warrant went on to provide that the crystal substance
purchased from Defendant weighed greater than 5 grams and
tested positive for methamphetamine and listed the serial
numbers for the United States Currency Official Advance
Funds. See id. Additionally, the affidavit provided
that Defendant “has a conviction for delivery of
cocaine in Case No. 10CF433 and a delivery of controlled
substance in 09CF65, ” and the confidential source
“has a felony conviction and their criminal history was
supplied to the Judge at the time of signing” the
warrant. See id.
signing judge issued the Residence Warrant at 9:41 p.m. on
April 17, 2018. See id., p. 1 of 3.
next morning, a search warrant for Defendant's cell phone
(“Cell Phone Warrant') was presented to a different
judge from Adams County, Illinois. The search warrant was for
the cell phone of Ryan R. Douglas, being an iPhone S, model
number A1688, with a black rubber case, to seize “all
data on the device and removable media . . .” which
have been used in the commission of, or which constitute
evidence of, the offenses of delivery of methamphetamine.
See d/e 20-2, p. 1 of 3.
Cell Phone Warrant contained the same Paragraph 6 as noted
above with only one slight variation, which stated “law
enforcement” instead of abbreviating it as
“LE” in the first sentence. The warrant also
provides that on April 18, 2018, law enforcement conducted
surveillance on 1726 N. 16th, and officers
observed Defendant leaving in the black BMW. See
id., p. 2 of 3. Soon after, officers conducted a traffic
stop of the black BMW. See id., p. 3 of 3. While the
traffic stop was being conducted, officers executed a search
warrant at 1726 N. 16th, where law enforcement
found $7, 500 with some of it being official advanced funds,
plastic baggies, digital scales, and inositol powder. See
Defendant was placed under arrest and his vehicle was seized.
See id. During the traffic stop, Defendant's
cell phone was located. The warrant requested a search of the
cell phone from 01/01/18 to the present. The Cell Phone
warrant was issued at 10:43 a.m. on April 18, 2018. See
id., p. 1 of 3.
November 6, 2019, Defendant was indicted by a grand jury for
one count of knowingly and intentionally delivering 5 grams
or more of methamphetamine (actual), a Schedule II controlled
substance, in violation of 21 U.S.C. §§ 841(a)(1)
and (b)(1)(B). See Superseding Indictment, d/e 26.
filed a Motion to Suppress arguing that both search warrants
lacked probable cause, and, therefore, the items and
information seized during the searches should be suppressed.
See d/e 20. Said motion is the subject of Judge
Schanzle-Haskins' Report and Recommendation at issue
here. Defendant argues that the Residence Warrant lacked
probable cause because the affidavit did not make a
connection between Defendant and the residence. Defendant
also argues that the affidavit to the Cell Phone Warrant did
not support the inference that the phone ...