USCA11 Case: 22-12693 Document: 26-1 Date Filed: 08/30/2023 Page: 1 of 9
[DO NOT PUBLISH]
In the
United States Court of Appeals
For the Eleventh Circuit
____________________
No. 22-12693
Non-Argument Calendar
____________________
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
SAWELJIA TYREE FLOYD,
Defendant-Appellant.
____________________
Appeal from the United States District Court
for the Middle District of Alabama
D.C. Docket No. 3:21-cr-00161-RAH-SMD-1
____________________
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2 Opinion of the Court 22-12693
Before ROSENBAUM, NEWSOM, and GRANT, Circuit Judges.
PER CURIAM:
Saweljia Floyd appeals the denial of his motion to suppress
evidence of guns and drugs seized following the execution of a
search warrant. He maintains that the affidavit in support of the
search warrant failed to establish probable cause and included ma-
terial misrepresentations and omissions. After careful review, we
reject these arguments and affirm the denial of suppression.
I.
In early 2018, Dustin Holt, a narcotics detective with the Au-
burn Police Department (“APD”), began investigating Floyd for
suspected drug-trafficking activity at a single-family home located
at 312 Jones Street, where Floyd’s girlfriend resided. Over several
months, Holt and other officers surveilled the residence sporadi-
cally from several nearby locations, including the parking lot of a
church. Holt also used a confidential informant (the “informant”)
to make controlled buys of cocaine from Floyd at the back door of
the residence.
On May 2, 2018, Holt and Jimmy Butler, a sergeant in the
APD narcotics division, conducted a controlled buy with the same
informant at the residence. At a meeting before the buy, they
searched the informant and provided him with $100 in identifiable
currency and an electronic monitoring device. The two officers
differed on whether the device transmitted both audio and video
(Holt), or just audio (Butler), but no recordings exist. After the
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22-12693 Opinion of the Court 3
officers met with the information, they parked in the nearby
church parking lot, where they could observe the back door of the
residence using binoculars.
From their position at the church, Holt and Butler observed
the informant approach the back door of the residence. They also
monitored the informant’s activities with the electronic device.
Looking through binoculars, they saw Floyd open the back door
and then make a hand-to-hand exchange with the informant, who
remained outside. Holt stated that he had an unobstructed view of
the exchange from the church parking lot, despite the existence of
several trees and a building located between the parking lot and the
residence. Butler likewise said that he could “clearly see the back
of the house” from their location and that he visually identified
Floyd. The informant left the residence and immediately met with
Holt and Butler at a separate location. There, the informant
handed over a substance, which he said he had received from
Floyd, and Holt verified through a field test that it was cocaine.
On May 4, 2018, Holt applied for a search warrant at 312
Jones Street. His affidavit in support of the search warrant read, in
relevant part, as follows:
Within the past 72 hours Detective Dustin
Holt and Detective Sergeant Jimmy Butler met with
a confidential informant, hereinafter referred to as
[“informant”], and made a controlled buy of Cocaine,
from Floyd at this residence. During this meeting the
[informant] and [informant]’s vehicle were searched,
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4 Opinion of the Court 22-12693
and the [informant] was fitted with an electronic
transmitting device and provided with U.S. currency,
with pre-recorded serial numbers, to purchase Co-
caine with. Detectives then followed the [informant]
to 312 Jones Street, Auburn, Alabama and observed
the [informant] meeting with Floyd. Detectives also
monitored the transaction by visual and audio sur-
veillance. Upon completion of the transaction the [in-
formant] met with detectives and turned the Cocaine
over to Detective Dustin Holt’s control. Detective
Dustin Holt verified the substance to have the pres-
ence of Cocaine, by the use of a field test kit. Detec-
tives have utilized [informant]s to make buys, of Co-
caine, from Floyd, at 312 Jones Street, Auburn, Ala-
bama in the past.
When Holt and other officers executed the search warrant six days
after the controlled buy, on May 8, 2018, they discovered quantities
of cocaine, crack cocaine, and methamphetamine, as well as $1,400
in cash, drug paraphernalia, and a firearm. The marked currency
used in the exchange was not recovered.
II.
Following his indictment on five drug and gun crimes 1,
Floyd moved to suppress evidence from the search on the ground
1 Floyd was indicted on the following five counts: possession of a firearm as a
convicted felon, in violation of
18 U.S.C. § 922(g)(1); possession with intent to
distribute methamphetamine, in violation of
21 U.S.C. § 841(a)(1); possession
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22-12693 Opinion of the Court 5
that the affidavit in support of the search warrant did not establish
probable cause and was based on material misrepresentations or
omissions. Floyd asserted that the affidavit failed to establish the
reliability of the informant or to describe the alleged prior con-
trolled buys, and he suggested that the affidavit fabricated im-
portant details about the controlled buy on May 2.
A magistrate judge held an evidentiary hearing and heard
testimony from Holt and Butler, who testified about the facts
we’ve described above. The judge also heard from Floyd, who
flatly denied selling any drugs from the residence.
The magistrate judge recommended that Floyd’s motion to
suppress be denied. In the magistrate judge’s view, the warrant
affidavit established probable cause to search the residence at 312
Jones Street. Despite the deficiencies identified by Floyd, the mag-
istrate judge explained, “Holt’s assertions that he witnessed a
properly executed controlled buy at the residence establish a fair
probability that evidence of a crime would be located at 312 Jones
Street.” The magistrate judge also rejected Floyd’s argument that
the affidavit contained material lies or omissions, finding that the
officers’ testimony was credible.
The district court overruled Floyd’s objections and adopted
the magistrate judge’s findings and recommendations. Not long
with intent to distribute crack cocaine, in violation of § 841(a)(1); possession
with intent to distribute powder cocaine, in violation of § 841(a)(1); and pos-
session of a firearm in furtherance of a drug-trafficking crime, in violation of
18 U.S.C. § 924(c)(1)(A).
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6 Opinion of the Court 22-12693
after, Floyd pled guilty to two counts—possession with intent to
distribute five grams or more of methamphetamine, see
21 U.S.C.
§ 841, and possession of a firearm in furtherance of a drug-traffick-
ing crime, see
18 U.S.C. § 924(c)(1)(A)—under a written plea agree-
ment that preserved his right to appeal the denial of the motion to
suppress. The district court sentenced Floyd to a total of 240
months of imprisonment, and this appeal followed.
III.
We review the denial of a motion to suppress as a mixed
question of law and fact, reviewing findings of fact, including cred-
ibility determinations, for clear error and the application of law to
those facts de novo. United States v. White,
593 F.3d 1199, 1202 (11th
Cir. 2010). Similarly, we review de novo whether probable cause
existed to support a search warrant, although we “take care both
to review findings of historical fact only for clear error and to give
due weight to inferences drawn from those facts by resident judges
and local law enforcement officers.” United States v. Gamory,
635
F.3d 480, 491 (11th Cir. 2011) (quotation marks omitted).
Search warrants must be supported by probable cause and
describe with particularity the place to be searched and the items
to be seized. U.S. Const. amend. IV. The task of the magistrate
judge issuing a warrant is to make a practical, common-sense deci-
sion whether, given all the circumstances set forth in the probable-
cause affidavit, there is a fair probability that evidence of a crime
will be found in a particular place. Illinois v. Gates,
462 U.S. 213, 238
(1983). The duty of a reviewing court is simply to ensure that the
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22-12693 Opinion of the Court 7
magistrate judge had a substantial basis for concluding that proba-
ble cause existed.
Id. at 238–39. In conducting this review, we ap-
ply a “realistic and commonsense approach,” not a “hypertech-
nical” one. United States v. Miller,
24 F.3d 1357, 1361 (11th Cir.
1994).
A probable-cause affidavit “must provide the magistrate
[judge] with a substantial basis for determining the existence of
probable cause.” Gates,
462 U.S. at 239. Conclusory assertions are
insufficient.
Id. The affidavit must establish with “fresh” infor-
mation “a connection between the defendant and the residence to
be searched and a link between the residence and any criminal ac-
tivity.” United States v. Martin,
297 F.3d 1308, 1314 (11th Cir. 2002).
If an informant is mentioned, the affiant must establish the inform-
ant’s “veracity” and “basis of knowledge,” unless “there is sufficient
independent corroboration of an informant’s information.”
Id.
Affidavits supporting search warrants are presumptively
valid. Gamory,
635 F.3d at 490. Yet a defendant can invalidate a
warrant by showing that the affiant intentionally or recklessly
made material misrepresentations or omissions in the affidavit.
United States v. Kapordelis,
569 F.3d 1291, 1309 (11th Cir. 2009); see
Franks v. Delaware,
438 U.S. 154, 171–72 (1978). The defendant
bears the burden of proving that, “absent those misrepresentations
or omissions, probable cause would have been lacking.” United
States v. Novaton,
271 F.3d 968, 987 (11th Cir. 2001).
Here, the district court properly denied Floyd’s motion to
suppress. The facts set forth in the search-warrant affidavit
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8 Opinion of the Court 22-12693
provided the issuing “magistrate [judge] with a substantial basis for
determining the existence of probable cause.” Gates,
462 U.S. at
239. Holt wrote in the affidavit that, in the latest of multiple con-
trolled buys during an investigation of suspected narcotics traffick-
ing at 312 Jones Street, he observed an informant purchase cocaine
from Floyd at the back door of the residence on May 2. That infor-
mation was “fresh,” and it established a connection among Floyd,
the residence, and cocaine trafficking. See Martin,
297 F.3d at 1314.
Plus, Holt’s personal observations of the controlled buy, conducted
according to a set of procedures designed to ensure its reliability,
independently corroborated any information received from the in-
formant, making it unnecessary to establish the informant’s verac-
ity or basis of knowledge in the affidavit. See
id.
Floyd does not dispute on appeal that the facts presented in
the affidavit provided a substantial basis for concluding that proba-
ble cause existed. See Gates,
462 U.S. at 238–39. Instead, he main-
tains that the validity of the warrant is fatally undermined by two
misrepresentations or omissions. We disagree.
First, he takes issue with the statement in the affidavit that
“[d]etectives also monitored the transaction by visual and audio
surveillance.” Preliminarily, we note that the statement appears to
be true. The evidence reflected that the detectives conducted vis-
ual surveillance through binoculars and audio surveillance through
the monitoring device.
But even assuming the affidavit wrongly implied that the
controlled buy was recorded in some way, that information was
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22-12693 Opinion of the Court 9
not material to probable cause. See Kapordelis,
569 F.3d at 1309.
Holt did not purport to rely on the content of any recording in the
affidavit. And whether the exchange was recorded or not, Holt’s
own personal observations of the controlled buy provided a rea-
sonable basis for a finding of probable cause, as we just explained.
Floyd has not shown that, absent this misrepresentation, probable
cause would have been lacking. See Novaton,
271 F.3d at 987.
Second, Floyd asserts that the affidavit intentionally or reck-
lessly omitted information about visual obstacles between the
church parking lot and the back door of the residence, which Floyd
deemed to be material. But nothing suggests that Holt, in prepar-
ing the affidavit, either intentionally or recklessly omitted this in-
formation. Nor would this information have defeated probable
cause. See Kapordelis,
569 F.3d at 1309. Both Butler and Holt testi-
fied that, despite the presence of trees and other objects in between,
they had an unobstructed view through binoculars of the back door
of the residence from their position in the church parking lot. The
magistrate judge found that the officers were credible, and Floyd
falls well short of showing that determination to be clearly errone-
ous. See White,
593 F.3d at 1202.
For these reasons, we affirm the district court’s denial of the
motion to suppress.
AFFIRMED.
