Date: 09-10-2024

Case Style:

Commonwealth of Virginia v. Steven Nicholas Dawson

Case Number: 1051-23-3

Judge: Chapman Goodwin

Court: Circuit Court, Augusta County, Virginia

Plaintiff's Attorney: Augusta County Virginia Commonwealth's Attorney's Office

Defendant's Attorney:

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Description:

Verona, Virginia possession of cocaine criminal defense lawyer represented the Defendant.

On March 23, 2021, a confidential and reliable informant (CRI) informed former Staunton Police Department Investigator Stuart Green that a man staying in Room 118 at the Skyline Motel had illegal narcotics and a firearm in his possession. She gave Green the man's first name, and he determined the man was Dawson based on other information known to the drug task force. The CRI also sent Green pictures of "prepackaged bags of [a] crystal substance." The CRI reported that she had "observed individuals purchasing and selling methamphetamine" in Room 118. She also reported that Dawson was driving a red Kia.

Green provided Augusta County Sheriff's Department Investigator Chris Rosemeier with the CRI's information, and Rosemeier applied for a search warrant. Under its "material facts constituting probable cause" section, the affidavit stated that

Within the past twelve (12) hours a confidential and reliable informant (CRI) observed individuals purchasing and selling methamphetamine at the aforementioned residence. Further CRI sent pictures of prepackaged bags of [a] crystal substance to a member[] of the Skyline Drug Taskforce. CRI also saw a firearm in the motel as well.

Under the reliability portion of the affidavit, it stated, in pertinent part,

CRI is confidential and reliable. CRI has provided information in the past that has led to prosecutable narcotics related arrests. CRI is an admitted past user and distributor of methamphetamine and is familiar with the appearance of methamphetamine. CRI has made statements in the past against their own penal interest.

The affidavit added that the suspect(s) had only checked into Room 118 sometime that afternoon. Rosemeier asserted that based on his training and experience "distributors of illegal narcotics often make deliveries of narcotics and pick up proceeds from their sales in vehicles." In his request for a search warrant permitting the search of Room 118 at the Skyline Motel, Rosemeier also requested that the warrant authorize the search of "all vehicles . . . associated with th[at] residence," so that the police could search for methamphetamine and other illegal drugs, U.S. currency, firearms, and ammunition. The magistrate issued the warrant as requested.

Prior to executing their search, the police learned that Dawson had left the motel. Therefore, the members of the Skyline Drug Task Force waited nearby in unmarked cars for Dawson's return. The police saw Dawson return to the motel driving a red Kia. Dawson parked the car only a few feet from Room 118. The Kia was the only car parked outside that room. After Dawson parked, the police detained him and ultimately searched the Kia.

Rosemeier found a Glock pistol with an extended magazine mounted to the car's steering column, just below the steering wheel. He also found $590 inside Dawson's wallet in the center console. On the front passenger seat, Rosemeier found a "gym bag" containing plastic bags, which in turn contained suspected narcotics. The suspected drugs were collected and sent to the Department of Forensic Science for analysis. Scientific analysis showed that the gym bag contained 11.168 grams of methamphetamine, 1.424 grams of a mixture of heroin and fentanyl, and 0.871 gram of cocaine.

On January 27, 2023, Dawson moved to suppress all evidence obtained during the March 23 search of his vehicle. Dawson asserted that "[t]he search warrant that led to the search" was not supported by probable cause and there was an "[in]sufficient nexus between the items sought [and] the place to be searched." He also contended that the warrant's affidavit "contained errors or omissions which were either intentional or made with a reckless disregard for their truth" and that the search exceeded the scope of the warrant. Although Dawson acknowledged that a police officer's "good faith" may obviate the need to exclude ill-gotten evidence, he made no argument about the applicability of good faith in his case.

The Commonwealth filed a response to Dawson's motion asking that the trial court dismiss the motion under Rule 3A:9. The Commonwealth argued that Dawson's motion did not comply with the specificity requirement of Rule 3A:9 because Dawson failed to argue why the good-faith exception did not apply. On February 7, 2023, the trial court held a hearing on the motion to suppress. Along with the motion to suppress, Dawson requested that the court order a "Franks hearing."

Green testified that he knew the CRI to provide reliable information. The CRI provided Green with information for "several months" prior to March 23, 2021, and she "had provided reliable information several times." Green testified that the CRI's information had previously led to both arrests and the seizure of illegal drugs, and he did not know the CRI to have ever lied to him or mislead him.

Green and Rosemeier testified that they knew the CRI had previously used and possibly distributed methamphetamine, but they did not know her to be a current drug user. Additionally, Rosemeier explained that recent drug use by a reliable informant does not "typically cause concern as far as [an informant's] reliability." "Most of the informants" the police rely on have "at some time or another" used or distributed drugs. Green stated that he would not have asked the CRI if she was currently using or selling drugs on March 23rd because she had proven her reliability. Aside from the information the CRI had provided, the police knew the Skyline Motel to "have issues with narcotics" from the "[n]umerous drugs, search warrant [executions] and vehicle take downs" that had previously occurred there. Although he did not provide details, Green also indicated that the police already possessed "other information" on Dawson at the time of the CRI's tip.

When the CRI contacted Green, she was not "working . . . off" any charges through the task force, nor was Green aware whether the CRI had any pending charges. Because her information resulted in Dawson's arrest and the seizure of a gun and drugs, the CRI later received financial compensation from the task force.

Outcome: Affirmed

Dawson v. Commonwealth, 1051-23-3 (Va. App. Sep 10, 2024)

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