Page 40 - September October 2020 TPA Journal

ing the search of Morrison’s home. Both versions less search of Morrison’s residence. The United
agreed, however, that no one objected when law- States and Morrison disagree about whether this
enforcement officers entered Morrison’s home. search was consensual—and, hence, whether it
The district court erroneously believed that this yielded admissible evidence—but they do not dis-
was enough to render the entry—and the subse- pute its results. As relevant to this appeal, the law-
quent search—consensual, so it did not decide enforcement officers searching Morrison’s house
which version of events to credit. Because a cred- asked him whether there was a weapon in the
ibility determination was necessary, we vacate the house. Morrison told them that he found a firearm
district court’s decision to deny Morrison’s motion in his attic and moved it to his bedroom closet for
to suppress and remand for further proceedings. In safekeeping. The officers found that firearm,
all other respects, we affirm the judgment of the which was partially loaded, in the location that
district court. Morrison had indicated.

The Drug Enforcement Administration, in partner- . . . . .
ship with state and local law enforcement, began
investigating drug trafficking in LaPlace and St. In addition to the conspiracy charge, all three
defendants were charged with violating 18 U.S.C.
Rose, Louisiana after receiving a tip from a confi-
§ 922(g)(1), which prohibits felons from possess-
dential informant in January 2015. The DEA sub-
ing firearms.
sequently obtained judicial authorization for wire-
taps of telephones belonging to Andre Staggers, Before trial, Morrison moved the district court to
Corey Session, and two other subjects of the
suppress the evidence obtained during the war-
investigation. Based in part on these wiretaps, the
rantless search of his residence, arguing that the
DEA obtained search warrants for Staggers’s resi-
search—particularly the initial entry of law-
dence, Session’s residence, and a suspected stash enforcement agents into his house—was not con-
house.
sensual. The district court held an evidentiary
hearing at which the United States called the two
The DEA executed those search warrants on
law-enforcement officers who made that entry,
February 25, 2016. At Staggers’s residence, the
Rohn Bordelon and David Biondolillo, to the
DEA found: (i) approximately 460 grams of hero-
stand. Bordelon and Biondolillo testified that they
in; (ii) a loaded assault rifle; (iii) drug parapherna-
lia; (iv) a money counter; (v) over $460,000 in knocked on Morrison’s door at approximately
cash; and (vi) mail addressed to Staggers. 6:00 a.m. and identified themselves to Shlonda
Jupiter—Morrison’s live-in girlfriend and the
Session’s residence contained: (i) a loaded assault
mother of his children—who answered the door.
rifle; (ii) a loaded pistol; (iii) bottles of mannitol,
They asked her whether Morrison was present
a cutting agent used to dilute cocaine and heroin;
(iv) drug paraphernalia; (v) over $1,000 in cash; and, while speaking with Jupiter, the officers saw
and (vi) mail addressed to Session. Inside the third Morrison in the hallway behind her, which led
Bordelon to call out to him. Bordelon testified
house, the suspected stash house, the DEA seized:
that: (i) Jupiter “stepped back and opened the door
(i) over 500 grams of heroin; (ii) 11 grams of pow-
some more”; (ii) he subsequently asked Morrison
der cocaine; (iii) 37 grams of crack cocaine; (iv)
an assault rifle; (v) a pistol; (vi) ammunition of whether he could come inside and talk; and (iii)
various calibers; (vii) bottles of mannitol; (viii) Morrison answered in the affirmative. Similarly,
Biondolillo testified that he remembered Jupiter
drug paraphernalia; (ix) a money counter; (x)
“kind of moving out the way, her opening the door
$14,000 in cash; (xi) mail addressed to Session;
allowing us in.”
and (xii) identification cards belonging to Session.
Once inside, Bordelon told Morrison that he
On the same day, the DEA conducted a warrant-
“smelled a strong odor of burnt marijuana and that

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