Federal Circuits, D.C. Cir. (June 24, 1988)
Docket number: 85-6173
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U.S. Supreme Court - United States v. Woodward, 469 U.S. 105 <I>(per curiam)</I> (1985)
U.S. Supreme Court - United States v. Leon, 468 U.S. 897 (1984)
U.S. Supreme Court - Massachusetts v. Sheppard, 468 U.S. 981 (1984)
U.S. Supreme Court - Missouri v. Hunter, 459 U.S. 359 (1983)
U.S. Supreme Court - Albernaz v. United States, 450 U.S. 333 (1981)
Ohio Supreme Court - State v. Palinkas (Ohio 2006)
H. Fred Hoefle, Cincinnati, Ohio, for appellant.
Roy W. McLeese, III, Asst. U.S. Atty., with whom Jay B. Stephens, U.S. Atty., Michael W. Farrell, and Theodore A. Shmanda, Asst. U.S. Attys., were on the brief for appellee. Joseph E. diGenova, U.S. Atty.,* Washington, D.C., also entered an appearance for appellee.Before WALD, Chief Judge, and BUCKLEY and D.H. GINSBURG, Circuit Judges.Opinion for the Court filed by Chief Judge WALD.WALD, Chief Judge:Appellant Eddie Lee Anderson was convicted of nine violations of the Mann Act, 18 U.S.C. Sec . 2421 (interstate transportation of females for prostitution) and ten violations of 18 U.S.C. Sec . 2423 (interstate transportation of minors for prostitution). Anderson's appeal raises three issues: first, whether the district court properly denied Anderson's motion to suppress evidence seized in Atlantic City pursuant to a New Jersey state warrant and in Las Vegas, Nevada pursuant to a federal warrant; second, whether appellant was properly sentenced to consecutive prison terms for conduct that violated both Sec. 2421 and Sec. 2423; and third, whether it was reversible error for the district court to admit the "expert" testimony of Dr. Lois Lee, a government witness, on the modus operandi of pimps and on the pimp-prostitute relationship. For the reasons set forth below, we reject all three challenges and affirm appellant's conviction.I. BACKGROUNDIn a 29-count indictment filed on May 9, 1985, appellant Anderson was charged with transporting females in interstate commerce for prostitution, 18 U.S.C. Sec . 2421, transporting minors in interstate commerce for prostitution, 18 U.S.C. Sec . 2423,1 inducing a female to engage in prostitution, D.C.Code Sec. 22-2705, and obstructing justice, 18 U.S.C. Sec . 1503. The indictment alleged that appellant, in ten different "transportations" occurring between July 1980 and October 1984, moved a "circuit" of females, including juveniles, across state lines for the purpose of prostitution. See United States v. Anderson, 618 F.Supp. 1335, 1336 (D.D.C.1985).Prior to trial, the defense filed a motion to suppress evidence obtained pursuant to two search warrants--one issued by a judge of the New Jersey Superior Court authorizing the search of a motel room in Atlantic City, and the other issued by a federal magistrate authorizing the search of an apartment in Las Vegas, Nevada. See id. at 1336-37. Anderson contended that the evidence seized on December 7, 1984 in Atlantic City was inadmissable because (1) the warrant for the search did not specify on its face the items to be seized and therefore was invalid as a "general warrant" and (2) although circumstances required a federal warrant, this one was neither issued nor executed in conformity with Federal Rule of Criminal Procedure 41 in that it alleged only a violation of state law and provided, without reasonable cause, for nighttime execution only. See id. at 1338-39. As to the federal warrant issued in the District of Nevada, Anderson contended (1) that it also violated the federal prescription against general warrants and (2) that the underlying affidavits were tainted and therefore invalid to the extent that they were based on the illegal seizure in Atlantic City. See Motion to Suppress Evidence at 6 (June 28, 1985).The district court agreed with appellant that the warrant for the Atlantic City search was facially deficient because it failed to particularize the items to be seized. The trial court concluded, however, that the exclusionary rule should not apply because there was an objectively reasonable basis for the officer's mistaken belief that the warrant was valid. See 618 F.Supp. at 1340-42 (citing Massachusetts v. Sheppard, 468 U.S. 981, 104 S.Ct. 3424, 82 L.Ed.2d 737 (1984)). The district judge also concluded that because the New Jersey warrant was a state warrant, "there [was] no necessity that it comply with the requirements of Rule 41." Id. at 1339. Finally, the trial court concluded that the Nevada warrant identified with adequate specificity the items to be seized and, moreover, that appellant's motion to suppress the evidence seized in Las Vegas lacked merit to the extent that it was based upon the allegedly illegal Atlantic City search. Accordingly, the district court denied appellant's motion to suppress in its entirety. See id. at 1342.At trial, the government's principal witnesses were five women who had been named as victims in the indictment. These women testified that they were prostitutes, that Mr. Anderson was their pimp, that he transported them and other women in interstate commerce as charged in the indictment and that many of the women who worked for appellant had been arrested for prostitution during the period covered by the indictment. See, e.g., Transcript (Tr.) VI at 296-97, 324-28, 534. Several of the government witnesses testified to beatings they either received from appellant or saw appellant give to others. See, e.g., id. at 291-92, 585-86, 904, 923-25, 943-44, 988-89. The government also called various police officers and the parents of some of the prostitute-witnesses.Finally, the government's last witness was Dr. Lois Lee, a sociologist, who testified as an expert on the modus operandi of pimps and on the nature of the relationship between pimps and prostitutes. Dr. Lee testified, among other things, that prostitutes are typically vulnerable girls who become so financially and psychologically dependent on their pimps that they are unable to leave them even when beaten. See, e.g., Tr. XIII at 175, 176-81. Dr. Lee also mentioned several ways in which the pimp-prostitute relationship might end, including the prostitute becoming pregnant, moving to another pimp, going on welfare, committing suicide, or being murdered by a customer. See Tr. XIV at 8-9.The defendant's witnesses--which included Anderson himself as well as several young women listed as victims in the indictment--testified that Anderson was not a pimp but a professional gambler, who moved from city to city and who spent considerable time in the gambling casinos of Las Vegas and Atlantic City. The young women testified that although they knew appellant, they had never worked as prostitutes for him or given him money. When confronted on cross-examination with their earlier, contradictory testimony before the grand jury, several of the women claimed that they had been pressured by the government to testify falsely against Anderson. See Tr. XVII at 69, 76, 105-06. Anderson admitted that he knew, and had received love letters from, the government's witnesses who claimed they had worked as prostitutes for him. See Tr. XVIII at 118, 127.The jury found appellant guilty of nine violations of 18 U.S.C. Sec . 2421, ten violations of 18 U.S.C. Sec . 2423, and one violation of D.C.Code Sec. 22-2705. The jury acquitted appellant of the obstruction of justice charge.2 On December 3, 1985, appellant received the following sentence: five years' imprisonment and a $5,000 fine for each of the violations of 18 U.S.C. Sec . 2421, the prison terms to run concurrently; from one to five years' imprisonment and a $1,000 fine for the violation of D.C.Code Sec. 22-2705, the prison term to run concurrently with the terms imposed for the violations of 18 U.S.C. Sec . 2421; and ten years' imprisonment and a $10,000 fine for each of the violations of 18 U.S.C. Sec . 2423, the prison terms to run concurrently with each other but consecutively with the other prison terms imposed. This appeal followed.II. THE FOURTH AMENDMENT ISSUEAppellant challenges the district court's refusal to suppress evidence seized pursuant to a state warrant issued by a judge of the New Jersey Superior Court for the search of a motel room in Atlantic City, and a federal warrant issued by a magistrate in the District of Nevada authorizing the search of an apartment in Las Vegas. See 618 F.Supp. at 1336-37. The district court's findings of fact, which Anderson does not challenge on appeal, are as follows. In late 1984, agents of the Federal Bureau of Investigation (FBI) and officers of the District of Columbia Metropolitan Police Department (MPD) were investigating allegations that appellant was transporting females, including minors, in interstate commerce for the purpose of prostitution. During the course of the investigation, Detective Joseph Haggerty of the MPD spoke with several women who claimed that they had worked as prostitutes for Anderson. These sources also informed Haggerty that appellant owned and kept his personal belongings at a certain condominium in Atlantic City. Based upon this information, Haggerty secured a federal warrant, dated December 7, 1984, which authorized a search of the Atlantic City condominium for items including "bank books, diaries of travel and other evidence of travel, receipts, photograph albums, and photographs of women involved in prostitution for [appellant]." Id. at 1337. When the officers attempted to serve the warrant later that day, however, they were informed that appellant had moved his possessions, and the warrant was never executed. See id. at 1337.Upon returning to the offices of the Atlantic City Police Department, the officers were advised by a reliable source that appellant had moved himself and a large amount of personal property to Room 224 at the Village Motel in Atlantic City. Based on this information, Detective John Imfeld of the Atlantic City Police Department prepared an affidavit in support of an application for a state search warrant. Imfeld's affidavit related the earlier unsuccessful effort to execute the federal warrant, specifically recited the items listed in the federal warrant, and referred to the information about Anderson obtained by the police from four women who claimed they had worked as prostitutes for him. See id. at 1337-38. Haggerty, Imfeld, and another officer then applied to a New Jersey Superior Court judge for a state search warrant. The officers presented to the judge not only the state officer's affidavit, but also the (unexecuted) federal warrant issued earlier that day along with the underlying federal officers' affidavit. After reading these materials, the state judge issued a search warrant at approximately 7:30 p.m. on December 7, 1984. The warrant recited that "there had been and now is located [at Room 224 of the Village Motel] certain property used as a means of committing a misdemeanor in violation of the laws of the State of New Jersey to wit: Interstate transportation of persons for the purpose of prostitution, 2C:34-1(b) 5." Although the warrant authorized a search for "the above-described items and other associated paraphernalia," it failed to include any specific description of the items to be seized. The underlying affidavits were neither incorporated by nor attached to the warrant. In addition, the warrant provided that it was to be executed within the next ten days between the hours of 7:30 p.m. and 6:00 a.m. Upon receipt of the warrant, the officers proceeded to the Village Motel and executed the warrant at approximately 8:00 p.m. The search took approximately thirty minutes. See id. at 1338; Tr. X at 128-130, 132.A few months later, on February 1, 1985, agents of the FBI obtained a federal warrant from a magistrate in the District of Nevada authorizing the search of an apartment in Las Vegas. The affidavit prepared by FBI agent Roger Young in support of the warrant described Haggerty's investigation in detail and referred to the seizures made in Atlantic City. The Nevada warrant specifically identified the items to be seized, which included "concealed photographs, photo albums, evidence of travel, ... which are the fruits, instrumentalities and/or evidence of one or more violations of Title 18, United States Code, Sections 2421 and 2423 and Title 22, D.C.Code, Section 2705." District of Nevada Search Warrant at 1-2 (Feb. 1, 1985).Anderson's first contention is that the district court should have suppressed the evidence obtained in Atlantic City because the warrant authorizing that search failed to specify the items to be seized. We disagree. Like the district court, we believe that the Supreme Court's holding in Massachusetts v. Sheppard, 468 U.S. 981, 104 S.Ct. 3424, 82 L.Ed.2d 737 (1984), controls this case. In Sheppard, a police detective investigating a homicide received information that led him to seek a warrant authorizing the search of the defendant's home. In support of the warrant, the detective prepared an affidavit describing the specific items to be seized. Because it was a Sunday, the only warrant form the police could find was one ordinarily used for drug searches. Realizing that the warrant form had to be modified before it could be used to authorize the search requested in the affidavit, the investigating detective deleted the phrase "controlled substance" from the subtitle of the form. However, neither the detective nor the judge who issued the warrant deleted the reference to "controlled substances" in the portion of the form "that, when signed, would constitute the warrant itself." Id. at 985, 104 S.Ct. at 3426. Nor was the warrant form ever altered so as to incorporate the affidavit. See id. at 986, 104 S.Ct. at 3426. After the judge signed the warrant, the detective who had prepared the affidavit left with both the warrant and the affidavit and, accompanied by other officers, executed the warrant; the search was limited to the items listed in the affidavit. See id. at 986-87, 104 S.Ct. at 3426-27. These items were introduced at trial and Sheppard was ultimately found guilty of murder.The Supreme Court held that federal law did not require suppression of the seized evidence, because the officers believed that the warrant authorized the search they conducted, and, "there was an objectively reasonable basis for the officers' mistaken belief." Id. at 988, 104 S.Ct. at 3427. Specifically, the Court noted that the investigating detective had taken "every step that could reasonably be expected of him": he had prepared a particularized affidavit, which was approved by the District Attorney, and he had presented the affidavit to a neutral judge, making it clear that the warrant form had to be modified; he was then informed by the judge that the search would be authorized and that the necessary changes in the warrant would be made. Id. at 989, 104 S.Ct. at 3428. At that point, the Court reasoned, "a reasonable police officer would have concluded, as [the detective] did, that the warrant authorized a search for the materials outlined in the affidavit"; therefore, suppression would not "serve the deterrent function that the exclusionary rule was designed to achieve." Id. at 989, 991, 104 S.Ct. at 3428.We agree with the trial court that there is "little or no distinction between the facts in Sheppard and those in this case." 618 F.Supp. at 1341. Here, Detectives Haggerty and Imfeld were "involved in a lengthy investigation concerning the defendant's alleged illegal activities" when they received information that eventually led them to seek a warrant authorizing a search of the Village Motel room. Id. In this case, as in Sheppard, the affidavit prepared in support of the state warrant specified in detail the items to be seized--although the affidavit was not attached to or incorporated by the warrant; the investigating officers presented the affidavit to a neutral judge, along with the affidavit submitted earlier in support of the federal warrant; the search was executed by the same officers who had prepared the affidavits; and the scope of the search was limited to the items listed in those affidavits. Given the similarity in all material respects of the situation here to that in Sheppard, we agree with the district court that Haggerty, Imfeld and the other investigating officers had an "objectively reasonable basis" for their mistaken belief that their search of the Village Motel room was authorized by a valid warrant.Appellant's second argument is that the evidence seized in Atlantic City should have been excluded because the warrant authorizing the search failed to comply with Federal Rule of Criminal Procedure 41. The district court rejected this claim, relying on United States v. Krawiec, 627 F.2d 577 (1st Cir.1980), to hold that because the warrant was obtained by a state officer and recited only a violation of state law, "the warrant in question [was] a state warrant and [there was] no necessity that it comply with the requirements of Rule 41." 618 F.Supp. at 1339. As the government itself concedes, however, Krawiec does not govern this case. See Appellee's Brief at 27-28. Under the law of this Circuit, it is clear that the level of federal involvement in the Atlantic City search was such that a federal warrant ought to have been obtained. See United States v. Haywood,Try vLex for FREE for 3 days
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