United States v. Ray

Detroit police received complaints about drug activity at a residence and used a confidential informant to make a controlled buy. They observed as the CI went to the front door, but were unable to see the person with whom the CI interacted. The CI returned to the vehicle with marijuana. The CI stated that he purchased the marijuana from a black male, called Ray, and gave a description. Police obtained a search warrant. Upon arrival at the home, officers encountered a boy on the sidewalk, who stated that Ray, his father, was inside the home. No one responded. The officers claim they found the door unlocked. They entered, announced themselves, and found Ray and a woman sleeping in an upstairs bedroom, where they found 31 individual bags of marijuana, shotgun shells, and an unloaded shotgun. A loaded rifle was found in a second bedroom. On the first floor, officers found loose marijuana, 49 small bags of crack cocaine, and a loaded semiautomatic handgun. Before being read his Miranda rights, Ray took responsibility for the illegal items; he claims that he did not want his son to see the child’s mother taken out in handcuffs and thought the conversation was off the record. Ray was convicted as a felon in possession of a firearm, 18 U.S.C. 922(g)(1), possession with intent to distribute controlled substances, 21 U.S.C. 841, and possession of a firearm in furtherance of drug trafficking, 18 U.S.C. 924(c). The Sixth Circuit reversed and remanded for a hearing on whether the court erred in admitting Ray’s alleged confession. View "United States v. Ray" on Justia Law