United States District Court, D. Utah, Central Division
MEMORANDUM DECISION AND ORDER
SAM SENIOR JUDGE UNITED STATES DISTRICT COURT
Jim Paul Delli (sometimes “J.P. Delli”) is
charged in a superseding indictment with one count of being a
felon in possession of a firearm under 18 U.S.C. §
922(g)(1), and one count of possession of marijuana with
intent to distribute under 21 U.S.C. § 841(a)(1). On
January 18, 2017 at 3:00 a.m., a Unified Police SWAT team
served a no knock search warrant at Mr. Delli's home at
743 N. Los Angles St., Salt Lake City, Utah. The warrant was
granted based on the Affidavit of Unified Police Detective
Walter Jarvis. Service of the warrant yielded cash, firearms
that the affidavit in support of the warrant is deficient and
does not establish probable cause that instrumentalities of a
crime will be found at his home, Mr. Delli moves to suppress
evidence obtained pursuant to the search.
DISCUSSION A. Legal Standard
Delli asserts that his Fourth Amendment rights were violated
because the search of his home was based on a warrant lacking
in probable cause. “The Fourth Amendment prohibits the
government from conducting unreasonable searches and
seizures.” United States v. Guardado,
699 F.3d 1220, 1222 (10th Cir. 2012). The issuing
magistrate is to determine whether there is probable cause to
support a search warrant.
The task of the issuing magistrate is simply to make a
practical, common-sense decision whether, given all the
circumstances set forth in the affidavit before him,
including the veracity and basis of knowledge of persons
supplying hearsay information, there is a fair probability
that contraband or evidence of a crime will be found in a
Illinois v. Gates, 462 U.S. 213, 238 (1983)
(internal quotation marks omitted). The reviewing court
“is simply to ensure that the magistrate had a
‘substantial basis for ...conclud[ing]' that
probable cause existed.” Id. (citation
omitted). The Tenth Circuit has summarized the relevant law
In order to issue a search warrant, a magistrate must
determine that probable cause supporting a search exists. An
affidavit establishes probable cause for a search warrant if
the totality of the information it contains establishes the
fair probability that contraband or evidence of a crime will
be found in a particular place. The affidavit must show a
nexus between ... suspected criminal activity and the place
to be searched, and a court may not arrive at probable cause
simply by piling hunch upon hunch. Searches conducted
pursuant to a warrant are favored, and, as such, the
magistrate's determination that probable cause exists is
entitled to great deference.
United States v. Roach, 582 F.3d 1192, 1200
(10th Cir. 2009), cert. denied, 558 U.S.
1156 (2010) (internal quotation marks and citations omitted).
Informant's Veracity, Reliability and basis of
Delli's position, that Detective Jarvis' Affidavit
lacks information to determine the veracity, reliability and
basis of knowledge of the confidential informant
(“CI”), is rejected.
reported to police that J.P. Delli and Justin Delli, his
brother, were selling marijuana and dabs. ECF No. 22-1 at 5.
The CI said that both men are always armed and carry firearms
on their person, in their vehicle, and in the house.
Id. The CI also reported that J.P. Delli drives a
black Suburban and uses that vehicle to distribute and
transport narcotics. Id.
Jarvis identified, through unspecified means, the house of
the men. Id. And during surveillance of the home
J.P. Delli was observed driving the Chevy Suburban described
by the CI. Id. at 5-6. The identity of the CI was
known to Detective Jarvis who personally met with the CI and
determined that he was not impaired and had a clear mind.
Id. at 5. Although Detective Jarvis did not
specifically state how many times the CI had previously given
reliable information, he did ...