United States District Court, W.D. North Carolina, Charlotte Division
D. Whitney Chief United States District Judge.
MATTER is before the Court upon Defendant Bradley
Beauchamp's Motion to Suppress All Evidence from the
Traffic Stop by Florida Highway Patrol on March 12, 2016,
Intercepted Oral Communications and from the Search of a
Cosmetics Case Found in the Trunk of the Vehicle (Doc. No.
1237), the Magistrate Judge's Memorandum and
Recommendation (“M&R”) recommending this Court
DENY Defendant's motion to suppress (Doc. No. 1678), and
Defendant's objections to the M&R (Doc. No. 1735). After
reviewing the relevant memoranda, recommendation, and
objections, the Court hereby OVERULES Defendant's
objections (Doc. No. 1735), ACCEPTS and ADOPTS the Magistrate
Judge's M&R (Doc. No. 1678), and DENIES Defendant's
motion to suppress (Doc. No. 1237).
STANDARD OF REVIEW
district court may refer a motion to suppress to a magistrate
judge for a recommendation pursuant to Federal Rule of
Criminal Procedure 59(b)(1). If a party timely files
"specific written objections" to the proposed
recommendations, the "district judge must consider de
novo any objection to the magistrate judge's
recommendation." Fed. R. Crim. P. 59(b)(2)-(3); see
also 28 U.S.C. § 636. The court does not perform a
de novo review where a party makes only "general and
conclusory objections that do not direct the court to a
specific error in the magistrate's proposed findings and
recommendations." Orpiano v. Johnson, 687 F.2d
44, 47 (4th Cir. 1982). Absent a specific and timely filed
objection, the court reviews only for "clear
error," and need not give any explanation for adopting
the M&R. Diamond v. Colonial Life & Accident Ins.
Co., 416 F.3d 310, 315 (4th Cir. 2005); Camby v.
Davis, 718 F.2d 198, 200 (4th Cir. 1983). Upon careful
review of the record, "the court may accept, reject, or
modify, in whole or in part, the findings or recommendations
made by the magistrate judge." 28 U.S.C. §
summarizes the factual background and findings based on the
evidence presented relevant to the instant motion:
Defendant Beauchamp is charged with one count of
participating in a racketeering conspiracy in furtherance of
the Nine Trey Gangster “Hood” of the United Blood
Nation and one count of conspiracy to commit wire fraud based
upon an alleged scheme to create fraudulent and cloned credit
cards and gift cards. During the initial hearing, the Court
heard testimony from Florida Highway Patrol Troopers
Nathaniel Cabe and Brian Lundy. At the subsequent hearing,
the Court heard testimony from Trooper Cabe.
On March 12, 2016, Trooper Cabe parked his marked vehicle in
the median of Interstate Highway 10 in Madison County
Florida. Trooper Cabe was assigned to the Criminal
Interdiction Unit. At approximately 10:38 am, Cabe observed a
white Chrysler 200 travelling east on the highway. Cabe ran
the tag and it came back to a rental car owned by Enterprise.
Based upon his training and experience, Cabe believed that
the car's tinted windows were in violation of Florida
law. He was also aware that rental cars do not come equipped
with tinted windows. He could not see inside the vehicle as
it travelled down the interstate which indicated to him that
it was in violation of the law.
Cabe initiated a traffic stop based upon the tinted window
violation. His audio and video recording equipment was
activated when he turned on his lights to execute the traffic
stop. He approached the car from the passenger side and
directed the occupants to roll down the windows. He
immediately detected a strong odor of marijuana coming from
inside the car. Defendant was the driver. Co-Defendant
Barrington Lattibeaudiere was the front passenger and
co-Defendant Rashaad Sattar was in the back seat. Cabe
advised the Defendant that the stop was based upon a
violation for tinted windows and that he now smelled
marijuana. Defendant stated that Lattibeaudiere had been
smoking a cigarette. Cabe stated that it was not cigarette
smoke that he smelled but raw marijuana.
Trooper Lundy arrived to assist Cabe. Cabe ordered the
occupants out of the car one by one. Trooper Lundy patted
down Sattar and placed him in the rear of Cabe's vehicle.
Cabe patted down Lattibeaudiere, placed him in handcuffs, and
seated him on the ground. Lundy patted down the Defendant and
located a baggie containing five grams of suspected marijuana
in his left jacket pocket. Lundy also located a gift card in
Defendant's right jacket pocket. Defendant was placed in
the rear of Cabe's vehicle along with Sattar.
Once the occupants were out of the car and secured, Trooper
Lundy measured the window tint on the Chrysler using a
department issued Laser Labs model 100 tint meter. The
windows measured 26 percent light transmittance as opposed to
the 28 percent mandated by Florida law.
Cabe and Lundy then proceeded to search the interior of the
Chrysler based upon the strong odor of marijuana. Marijuana
residue was visible throughout the passenger compartment.
Fourteen gift cards and credit cards were concealed inside
the car's owner manual located in the glove compartment.
This spiked the troopers' interest in possible credit
card fraud offenses. They found 124 gifts cards in a Dre
Beats bag in the vehicle. Four fraudulent credit cards were
found in a wallet inside the vehicle. The troopers also
seized a fraudulent Florida driver's license.
The troopers located a black hard case with combination lock
in the trunk. The case was locked. The troopers asked the
occupants if they knew anything about the case. Defendant
told the troopers that the locked case belonged to a female
who was travelling ahead of them in another car. Defendant
further stated that the case contained that female's make
up. Cabe asked Defendant if he would mind calling her to see
if she would consent to a search of the case. Cabe handed him
his phone and shut the patrol car door to let him make the
call. Defendant never made the call.
Trooper Lundy's canine was shown the case and failed to
alert. Trooper Cabe then placed a call to Judge Wesley R.
Douglas to request a search warrant for the case. Cabe
completed two paragraphs of the search warrant stating the
facts to support probable cause and related them to Judge
Douglas by phone. He also scanned the completed search
warrant and emailed it to Judge Douglas. Judge Douglas swore
Cabe over the phone, issued the search warrant, and emailed
it to the trooper around 1:14 p.m. The troopers ...