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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND

UNITED STATES OF AMERICA v. DARNELL WILLIAMS

: : : CRIM. NO. L-00-0330 : :

MEMORANDUM The Defendant, Darnell Williams, filed pretrial motions (i) to suppress, for lack of probable cause, all evidence seized pursuant to a search and seizure warrant for 2907 Glendale Avenue; (ii) to conduct a Franks hearing to determine whether the affidavit that Detective Michael Pratt submitted in support of the search and seizure warrant contained material misrepresentations and omissions; (iii) to order the Government to disclose the identities of the confidential informants; and (iv) to suppress two statements that Mr. Williams allegedly made without the benefit of Miranda warnings. After the motions were briefed fully, the Court held evidentiary hearings on February 9, 12, and 23, 2001. For the

reasons stated herein, the Court will, by separate order: (i) GRANT Williams' motion for a Franks hearing (which has already been held); (ii) GRANT Williams' motion to exclude his alleged statement that "she had nothing to do with it;"1 and (iii) DENY the other motions. I. Background In April 2000, Detective Michael Pratt became involved in the

1

This ambiguous statement is excluded under Federal Rule of Evidence

403.

investigation of drug sales in the 2700 block of Tivoly Avenue in Baltimore City. As a result of his investigation, on May 31, 2000,

Detective Pratt applied for a search warrant for (i) 2907 Glendale Avenue, and (ii) a 1998 Gray Honda bearing Maryland tag BJX-164. Pratt was looking for evidence that Williams was a drug supplier. Pratt's affidavit in support of the warrant application included the following facts: During the month of April 2000, Detective Pratt received information from an unidentified source that a black male named Ronnie was storing quantities of narcotics at 2739 Tivoly Avenue for a black male named Darnell. The source had (a) seen Ronnie accepting

cocaine from Darnell at 2739 Tivoly Avenue, and (b) seen Ronnie distribute drugs inside and outside the house. Detective Pratt

stated that the source had proven reliable in the past. Detective Pratt spoke with a second confidential informant, NED#498, who had also proven reliable in the past. NED#498 said that

he/she knew a black male named Ronnie who was storing large quantities of drugs for a black male named Darnell. NED#498 stated

that he had been present when Darnell arrived at 2739 Tivoly Avenue to give Ronnie a supply of cocaine. This informant had also

witnessed other drug dealers enter 2739 Tivoly Avenue to get cocaine while Darnell was there. NED#498 told Pratt that Darnell drove a

gray Honda, and that the last three numbers of the car's license plate were 164.

Detective Pratt next spoke with Officer Harold Dent.

Officer

Dent knew a black male named Darnell Williams (Date of Birth 8-61975) who, according to sources Dent believed reliable, was supplying narcotics to the 2700 block of Tivoly Avenue. Detective Pratt got a photograph from Baltimore City Police Central Records of a Darnell Williams, born August 6, 1975, who had a criminal record and a photograph on file. both Officer Dent and NED#498. Pratt showed the photo to

NED#498 advised Pratt that this was

the Darnell who was supplying drugs in the area of the 2700 block of Tivoly Avenue. Officer Dent also said that the photo showed the man

named Darnell, that according to Dent's sources, was distributing cocaine. In April 2000, NED#498 called Detective Pratt to say that the full license plate of the gray Honda driven by Darnell was BJX-164, and that the car was then parked on the 2700 block of The Alameda. That same day, Pratt arranged to meet NED#498 to make a controlled purchase. After Pratt arrived in the neighborhood, he saw NED#498 on The gray Honda was parked in an alley

the 2700 block of The Alameda. near NED#498.

Pratt saw NED#498 talk to a black male, later

identified as Williams. After watching NED#498 walk through the alley, Pratt next saw the informant and Williams walk onto the front porch of 2739 Tivoly Avenue. Pratt saw the twosome enter the house. After a time,

NED#498 left the house, returned to Detective Pratt, and handed Pratt

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drugs that, according to NED#498, he/she had just purchased from Williams. A subsequent lab analysis confirmed that the substance

that NED#498 gave to Pratt was cocaine. Pratt then checked with the Motor Vehicle Administration and determined that the gray Honda was registered to Antoinette Arthur of 2907 Glendale Avenue. The same evening as the controlled purchase,

Detective Pratt saw the gray Honda parked in front of 2907 Glendale Avenue. Detective Pratt wrote that he saw the gray Honda parked in

front of 2907 Glendale Avenue "on numerous occasions." During the month of May, NED#498 told Pratt that Williams was still supplying cocaine in the 2700 block of Tivoly Avenue and was still storing narcotics at 2739 Tivoly Avenue. On May 30, 2000,

Detective Pratt saw Darnell Williams driving the gray Honda in the 2700 block of the Alameda. At the end of the affidavit, Pratt summarized: Your affiant believes that sufficient probable cause exists that the narcotic laws of the State of Maryland are being violated at 2907 Glendale Ave. by Darnell Williams. Therefore your affiant pray that a search and seizure warrant be issued for the premise, person and vehicle named in the first page of the affidavit. On May 30, 2000, Detective Pratt took the affidavit to Judge Emanuel Brown of the District Court of Maryland. Judge Brown

reviewed the papers, apparently quite closely as each page of the affidavit bears Judge Brown's initials at the bottom. Judge Brown

determined that there was probable cause to search both 2907 Glendale Avenue and the gray Honda; he issued the warrant on the same day.
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On June 1, 2000, Detective John Ganovski obtained a search warrant for 2739 Tivoly Avenue based on information that a Timothy Miller was possibly storing drugs at that address. Ganovski was

assigned to the same unit as Detective Pratt, but Ganovski was not working on the investigation of Darnell Williams. Ganovski's

information was not included in Detective Pratt's affidavit. 1. The Search of 2907 Glendale Avenue On June 1, 2000, the police executed the search warrant for 2907 Glendale Avenue. The following facts come from the testimony of

Detective Pratt and two other officers who assisted with the execution of the search warrant -- Agent James Harlee2 and Detective David Knight: Prior to searching the house, the officers saw Williams and Arthur driving in the gray Honda. Harford Road in Baltimore City. The police stopped the Honda on Detective Pratt approached the According to

Honda; Williams and Arthur got out of the car.

Detective Pratt, he told Williams and Arthur that he had a search warrant for 2907 Glendale Avenue, and he advised the pair of their Miranda rights.3 In response, Williams said that he understood his

rights but that "she [meaning Ms. Arthur] had nothing to do with
2

A detective in the Baltimore City Police Department, Harlee has the title of "Agent." Williams disputes that Pratt read Williams his Miranda rights. Pratt testified that he advised Williams of his rights. His testimony is corroborated by the testimony of Agent Harlee and Detective Knight, who were on the scene. Williams and Arther testified, however, that at no time did the officers advise them of their Miranda rights. 5
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this."4 The search team then drove back to the Northeast District Police Department, bringing Williams and Arthur with them. After

processing Williams and Arthur, the search team, including Detective Pratt and Agent Harlee, drove Williams and Arthur to 2907 Glendale Avenue and searched the house. The search of 2907 Glendale uncovered: (i) a small quantity of marijuana; (ii) approximately $5,800 in U.S. Currency; and an Astra nine millimeter luger semi-automatic pistol, loaded with sixteen rounds of ammunition. Agent Harlee testified that, after learning of

the pistol, he told Williams "you lied

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