United States of America v. Charles House

Indianapolis, Indiana criminl defense lawyer represented the Dendant charged with distribution of drugs.

Charles House traveled to California on several occasions in 2018 and 2019 to obtain large quantities of marijuana and methamphetamine. He then shipped the drugs back to addresses associated with him inbAnderson, Indiana. On one such occasion in October 2018, FedEx personnel contacted law enforcement to alert them to suspicious packages scheduled for delivery to various locations in Anderson.1 Officers arranged to meet with the FedEx employee delivering the packages to investigate further. They arrived at a predetermined location with a drug-sniffing dog and observed twelve packages of various sizes, shapes, and packaging materials. The dog positively indicated that five of the twelve packages contained drugs.



Based on the FedEx alert and the dog's indications, officers

applied for a state warrant authorizing the search of the five

packages. All five packages were sent from the same location

in California and addressed to different places in Anderson,

including across the street from House's residence. When

opened, two packages contained plastic bags of crystal

methamphetamine and three contained plastic bags filled

with marijuana. The quantity of marijuana and methamphet-

amine discovered was consistent with an intent to distribute

the drugs, not merely to possess them for personal use.



On January 8, 2019, law enforcement put up a pole camera

pointed at House's residence and allowed it to continuously

record footage until February 5, 2020. The pole camera cap-

tured only video and could be viewed live or reviewed later.

When watching the recording live, officers could zoom in or

pan out the camera to aid in the investigation. An investigat-

ing officer later testified that he monitored the pole camera

every day during the thirteen months that the camera was op-

eating.



Law enforcement identified several patterns of behavior

on the pole camera footage. For example, when packages ar-

rived across the street from House's residence, he promptly

picked them up, and the number of visitors to his home im-

mediately increased. This and other patterns served as the ba-

sis for obtaining flight and delivery records that linked House

to those shipments. The pole camera footage also allowed the

government to identify a confidential informant, who agreed

to help establish House's role in selling drugs.



In a twelve-count indictment, House was ultimately

charged with attempted possession with intent to distribute

methamphetamine and conspiracy to possess with intent to

distribute marijuana, both under 21 U.S.C. §§ 841(a)(1) and

846, distribution of marijuana under 21 U.S.C. § 841(a)(1) and

(b)(1)(D), unlawful use of a communication facility under 21

U.S.C. § 843(b), and possession of a firearm by a convicted

felon under 18 U.S.C. § 922(g)(1). House moved to suppress

the pole camera evidence. He acknowledged that Tuggle

forecloses his motion, but he sought to preserve the claim for

further review. The district court denied House's motion

based on Tuggle.

The jury found House guilty on all counts and the court sentenced him to 360 months’ imprisonment.



Affirmed on appeal.