Page 37 - TPA Journal July-August 2025
P. 37
ed a package containing thirteen pounds of Terrance suggest an ongoing methamphetamine
methamphetamine and one pound of marijuana distribution scheme and that Donovan knew his
that Rondarius Gowdy was transporting; (5) the activities were illegal, so they should not discuss
day after Gowdy’s arrest, Donovan spoke on the them directly over the phone. Altogether, “the
phone with Nathan Arnold, who had been arrested totality of the circumstances supports a probable
in 1997 for two counts of sales of crack cocaine, cause finding.” Therefore, the district court did
about Gowdy’s arrest; in the latter conversation, not err, let alone plainly err, in not holding a
Donovan opined that there should not have been Franks hearing.
marijuana mixed with the methamphetamine
because that makes it easier for dogs to sniff the Finally, Donovan argues that the orders autho-
drugs; Donovan also affirmed that he was going to rizing the wiretaps were facially insufficient
“shut it down” for a bit after the arrest; (6) other because they did not identify the “high-level
intercepts indicated that Donovan and Orlando Justice Department official” who authorized the
“had [each] negotiated for as many as three applications. In Donovan’s reply, he acknowl-
pounds of the seized methamphetamine;” (7) in edges that he did not preserve this error in the
mid-June 2020, Donovan had a text conversation district court, so he argues that it should be
with Terrance Bourrage that the affiant interpreted reviewed for plain error. In this circuit, a “failure
as Terrance telling Donovan to give an unknown to raise specific issues or arguments in pre-trial
person ten small packages of methamphetamine suppression proceedings operates as a waiver of
and that Terrance would bring Donovan the those issues or arguments for appeal.”
money the next day; (8) after that conversation “Nonetheless, our cases identifying such waiver
with Terrance, Donovan sent Terrance another text have often proceeded to evaluate the issues
saying, “We can’t talk like that on the phone bro,” under a plain error standard for good measure.”
which the affiant interpreted as Donovan directing
Terrance “not to discuss in detail the prices of Under the statute, “[e]ach order authorizing or
methamphetamine or how they conduct metham- approving the interception of any wire, oral, or
phetamine transactions over the phone.” electronic communication under this chapter
This information, devoid of the challenged state- shall specify . . . the identity of the agency
ments, was sufficient to establish probable cause. authorized to intercept the communications, and
The court could infer that Donovan had a recent of the person authorizing the application.” The
history of selling methamphetamine in early 2020 statute specifies that those empowered to autho-
based on the sales to confidential informants. rize such an application include “any Deputy
Additionally, the conversations with the caller in Assistant Attorney General or acting Deputy
mid-May 2020 show Donovan’s intent to purchase Assistant Attorney General in the Criminal
large quantities of methamphetamine. The court Division or National Security Division specially
could infer from this that Donovan had ongoing designated by the Attorney General.” In the pre-
methamphetamine transactions that involved pur- sent case, the “orders” that “authorize[]” agents
chasing large quantities and reselling metham- to “intercept wire and electronic communica-
phetamine to others. The information about tions” to and from two separate telephone num-
Gowdy’s arrest coupled with the interest Donovan bers name the Deputy Assistant Attorneys
showed in the arrest and seized drugs in the con- General who authorized the applications for the
versation with Arnold, plus the information that he wiretaps. The orders specify that these Deputy
had negotiated to purchase some of the seized Assistant Attorneys General are “duly designat-
methamphetamine, is sufficient to infer a connec- ed official[s] of the Criminal Division, United
tion between Donovan and the seized metham- States Department of Justice, who ha[ve] been
phetamine. Finally, Donovan’s conversations with specially designated by the Attorney General of
July - Aug 2025 www.texaspoliceassociation.com • (512) 458-3140 33
