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State v. Ivins5/21/2004
This is my decision on defendant Jeffrey A. Ivins' ("Ivins") Motion to Suppress. The motion is granted for the reasons stated herein.
NATURE AND STAGE OF PROCEEDINGS
The Sussex County Grand Jury indicted Ivins on October 27, 2003 on a number of drug and weapons charges. The charges were filed after the Delaware State Police (the "DSP") executed a search warrant at Ivins' residence on September 21, 2002. Ivins filed a Motion to Suppress all evidence seized in connection with the search of his residence. I held a hearing to consider Ivins' motion on February 3, 2004. Following the hearing, both parties submitted Memoranda of Law addressing the issues raised in the motion.
STATEMENT OF FACTS
The DSP began an investigation of Ivins in December 2001 after receiving information from a confidential informant that Ivins was selling drugs in the Rehoboth Beach area. The DSP were told that Ivins was unemployed and had no known source of income other than through the sale of drugs. The confidential informant described Ivins' residence and vehicles. The DSP later spoke with another confidential informant who explained that a person using the name "Piggy" sells drugs in the Rehoboth Beach area. This confidential informant also described Ivins' residence and vehicles. A third confidential informant described "Piggy" as a white male with tattoos who resides on Washington Street and described Ivins' residence.
The DSP conducted a "driver's license check" for Ivins and found that he had a Maryland license. The computer inquiry indicated that when Ivins' was arrested for traffic violations in Delaware he listed his residence as 23 Washington Street, Rehoboth Beach, Delaware. The DSP also conducted a "driver's license check" for Ivins' wife and found that her address was listed as 25 Washington Street. [FN1] A registration inquiry revealed that the cars described by the confidential informants, as well as a mobile home, were registered to either Ivins or his wife.
FN1. The DSP later concluded that the actual address was 23 Washington Street. The address of 25 Washington Street was apparently a clerical error.
The DSP learned, after conducting a computer inquiry, that Ivins had been arrested in Maryland for two counts of distributing phencyclidine in June 1977, three counts of distributing cocaine, possession with intent to distribute marijuana, and possession of drug paraphemalia in August 1977, and possession with intent to distribute cocaine, possession of cocaine, possession with intent to distribute marijuana, and possession of marijuana in March 1982.
The Delaware Crimestoppers also received information on January 11, 2002, explaining that Ivins travels to Washington, D.C. once a week to bring back drugs and that he had made several deliveries to bars in the area.
Ivins was arrested for the offense of driving while under the influence of alcohol and/or drugs by the Emerald Isle Police Department (the "EIPD") in North Carolina on September 20, 2002. Incident to that arrest, the EIPD found a vial of cocaine on Ivins. The EIPD searched Ivins' vehicle and found two grams of marijuana. Five grams of cocaine and a "cocaine grinder" were found during a subsequent search of Ivins' residence at 7901 Ocean Drive, Emerald Isle, North Carolina. The EIPD also discovered that Ivins had properties listed in his name located in Delaware, Maryland, North Carolina, and Florida. The EIPD contacted the Rehoboth Beach Police Department, who in turn contacted the DSP. The DSP then went to Ivins' residence on September 20, 2002, where they observed several vehicles registered to Ivins and his wife parked in front of the residence. The DSP returned to Ivins' residence on September 20, 2002 to inspect discarded trash located in front of the residen
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