U.S. v. GERRISH

231 F. Supp.2d 381 (2002) | Cited 0 times | D. Maine | December 2, 2002

ORDER ON DEFENDANT LISA GERRISH'S MOTION TO SEVER AND DEFENDANTS' JOINT MOTION TO SUPPRESS EVIDENCE

Lisa Gerrish's motion to sever is DENIED. She and Blaine Gerrish wereproperly joined as defendants under Fed.R.Crim.P. 8(b) because theIndictment charges them with being members of thesame conspiracy. Sherequests severance under Rule 14, but the only asserted prejudice is"prejudicial spillover of evidence offered against her co-defendant. Thereis a particular heightened risk in this matter because the defendants aremarried." She goes on to assert that the government's evidence is"overwhelmingly directed" at her husband. She does not assert that theevidence is admissible only against her husband. Her showing therefore isinsufficient. United States v. Houle, 237 F.3d 71, 75-6 (1st Cir. 2001).

Lisa and Blaine Gerrish's joint motion to suppress evidence is DENIED.No evidentiary hearing is necessary, because the state judge issued awarrant based upon a written affidavit. The only issue is whether theaffidavit, detailing drug activity by these two defendants at one addressand requesting a warrant to search the Gerrishes' residence, a differentaddress, provided probable cause. The affidavit provided evidence ofextensive weekend drug trafficking by the Gerrishes in a trailer theyowned and previously lived in. At the time of the warrant application,the affidavit provided information that the trailer was currentlyinhabited by Blaine Gerrish's brother-in-law. It was eminently reasonableto believe that the proceeds, as well as some of the relevant records ofthe Gerrishes' weekend drug trafficking, would be kept at the Gerrishes'principal residence.

United States v. Feliz, 182 F.3d 82, 87-88 (1st Cir. 1999). In anyevent, the good faith exception would certainly apply to thisjudge-issued warrant. United States v. Leon, 468 U.S. 897, 922-23(1984). None of the Leon exceptions applies.

SO ORDERED.

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