United States v. Degaule (797 F. Supp. 2d 1332, 2011)

ORDER

RICHARD W. STORY, District Judge.

This case is before the Court for consideration of the Report and Recommendation (“R & R”) [294] of Magistrate Judge Russell G. Vineyard. After reviewing the Report and Recommendation and Defendant’s Objections [303] thereto, the Court enters the following Order.

In his Objections to the R & R, Defendant asserts that the agents exceeded the scope of consent to search given by Defendant and seized items without probable cause to believe that those items were contraband or evidence of a crime. Defendant contends that he only consented to a search for particular items identified by the agents; i.e., documents that were, in Defendant’s mind, related to J. Johnson. The Court finds that such a conclusion is not supported by the evidence. The R & R reviews the events related to Defendant’s consent to search. This Court concurs in the conclusion in the R & R that Defendant gave a general consent to search and that his actions were consistent with that general consent. Further, the evidence shows that Defendant consented to the seizure of the items taken by agents. Therefore, Defendant’s Objections on these grounds are OVERRULED.

Defendant also asserts that he invoked his right to remain silent, and the agents did not honor his invocation. The basis for Defendant’s contention is that the agents did not complete the papers that Defendant gave them before questioning him. Defendant argues that the completion of the papers was a condition precedent to Defendant being interviewed. Such was clearly not the case. Defendant knew the agents had not completed the papers and yet consented to be interviewed and, in fact, was interviewed. Thus, Defendant did not treat the completion of the papers as a condition precedent to his giving an interview. Therefore, the conclusion in the Report and Recommendation that Defendant was advised of his Miranda rights and voluntarily waived those rights is correct.

Based on the foregoing, the Report and Recommendation is received with approval and adopted as the Opinion and Order of this Court. Accordingly, Defendant Degaule’s Motion to Suppress Intercepted Communications [144] and Motions to Suppress Evidence and Statements [146 and 206] are DENIED.

ORDER FOR SERVICE OF FINAL REPORT, RECOMMENDATION, AND ORDER

RUSSELL G. VINEYARD, United States Magistrate Judge.

Attached is the Final Report, Recommendation, and Order of the United States Magistrate Judge made in accordance with 28 U.S.C. § 636(b)(1) and N.D. Ga. Cr. R. 58.1(A)(3)(a) and (b). Let the same be filed and a copy, with a copy of this Order, be served upon counsel for the parties.

Pursuant to 28 U.S.C. § 636(b)(1), each party may file written objections, if any, to the Report and Recommendation within fourteen (14) days of receipt of this Order. Should objections be filed, they shall specify with particularity the alleged error(s) made (including reference by page number to the transcript if applicable) and shall be served upon the opposing party. The party filing objections will be responsible for obtaining and filing the transcript of any evidentiary hearing for review by the District Court. Failure to object to this Report and Recommendation waives a party’s right to review. Fed.R.Crim.P. 59(b)(2).

Pursuant to Title 18, U.S.C. § 3161(h)(1)(F), the above-referenced fourteen (14) days allowed for filing objections is EXCLUDED from the computation of time under the Speedy Trial Act, whether or not objections are actually filed. The Clerk is DIRECTED to submit the Report and Recommendation with objections, if any, to the District Court after expiration of the above time period.

MAGISTRATE JUDGE’S FINAL REPORT, RECOMMENDATION, AND ORDER ON DEFENDANT’S PRETRIAL MOTIONS

Defendant Jacques Degaule (“Degaule”) is charged along with co-defendants Jiles Delwin Johnson (“J. Johnson”), Shannon Renee Johnson (“S. Johnson”), Mark Lamont Walker (“Walker”), Schawn Lemon Wortham (“Wortham”), Thallas Amie (“Amie”), and Laverne Simon (“Simon”), in a three-count superseding indictment. [Doc. 13]. Specifically, Degaule is charged in Count Two of the superseding indictment with conspiring to launder drug trafficking proceeds in violation of 18 U.S.C. §§ 1956(a)(l)(A)(i), (a)(l)(B)(i)-(ii), and (h). [Id]. Pending before the Court are Degaule’s motion for disclosure of confidential informants, [Doc. 145], motion to suppress intercepted communications, [Doc. 144], and motions to suppress evidence and statements, [Docs. 146 & 206]. The pending motions have been fully briefed, and are ready for ruling. For the following reasons, Degaule’s motion for disclosure of confidential informants, [Doc. 145], is DENIED, and it is hereby RECOMMENDED that his motion to suppress intercepted communications, [Doc. 144], and motions to suppress evidence and statements, [Docs. 146 & 206], be DENIED.

I. DISCUSSION

A. Motion to Suppress Intercepted Communications, [Doc. 144]

Degaule moves to suppress evidence obtained as a result of four wiretap orders, [Doc. 144], which the government opposes, [Docs. 213 & 215]. For the reasons set forth herein, it is hereby RECOMMENDED that Degaule’s motion to suppress, [Doc. 144], be DENIED.

1. Introduction

a. Statutory Framework for Intercepted Communications

“Title III of The Omnibus Crime Control and Safe Streets Act of 1968, 18 U.S.C. §§ 2510-2520, sets forth numerous requirements the government must meet before electronic surveillance (wiretaps) may be authorized.” United States v. Flores, No. 1:05-cr-558-WSD-JFK, 2007 WL 2904109, at *21 (N.D.Ga. Sept. 27, 2007), adopted at *15. For example, pursuant to 18 U.S.C. § 2518, a wiretap application must include:

a full and complete statement of the facts and circumstances relied upon by the applicant ... including details as to the particular offense ..., a particular description of ... the type of communications sought to be intercepted, the identity of the person ... whose communications are to be intercepted, and a full and complete statement as to whether or not other investigative procedures have been tried and failed or why they reasonably appear to be unlikely to succeed if tried or to be too dangerous.

United States v. Gonzalez Perez, 283 Fed. Appx. 716, 720 (11th Cir.2008) (per curiam) (unpublished) (quoting 18 U.S.C. § 2518(l)(b), (c)) (internal marks omitted) (alterations in original). See also United States v. Woodley, No. CR408-315, 2009 WL 3415214, at *1 (S.D.Ga. Oct. 22, 2009), adopted at *1.

Upon a proper application, a district judge may issue an ex parte order authorizing the interception of wire communications if: “the judge finds probable cause to believe that an individual is committing or has committed a qualifying offense; that particular communications concerning that offense will be obtained through such interception; and that the facilities from which, or the place where, the communications are to be intercepted are being used in connection with the offense, or are leased to, listed in the name of, or commonly used by such person.” United States v. Duarte-Rosales, Criminal File No. 1:05-CR-l97-6-TWT, 2008 WL 140665, at *2 (N.D.Ga. Jan. 11, 2008), adopted at *1 (citing 18 U.S.C. § 2518(3)(a), (b) and (d)). See also United States v. Robles, 283 Fed.Appx. 726, 734-35 (11th Cir.2008) (per curiam) (unpublished). “Probable cause for a wiretap is the same probable cause required for a search warrant,” Duarte-Rosales, 2008 WL 140665, at *2, and “[l]ike other types of warrants, probable cause must exist at the time surveillance is authorized,” Flores, 2007 WL 2904109, at *21 (citing United States v. Domme, 753 F.2d 950, 953 (11th Cir.1985)). “[A] wiretap order is presumed to be valid, and a defendant has the burden of overcoming the presumption and of proving that the wiretap order was unlawfully obtained.” Id. at *22 (citations omitted). “This Court need merely determine whether the judge who signed the warrant had a substantial basis for concluding that probable cause existed.” Duarte-Rosales, 2008 WL 140665, at *2 (citations omitted).

b. The Wiretap Applications and Supporting Affidavits

i. Initial Wiretap Application for Target Telephone 1

On November 20, 2009, upon an application and 109-page affidavit submitted by Drug Enforcement Administration (“DEA”) Special Agent Mario Lijoi (“Agent Lijoi”), the Honorable Richard W. Story (“Judge Story”), United States District Judge, entered an order authorizing the interception of wire communications over Target Telephone 1 (“TT1”), which was described as a U.S. Sprint cellular phone (assigned the telephone number of (678) 414-5114) subscribed to S. Johnson, and believed to have been used by J. Johnson. See [Ex. A attached under seal to the government’s consolidated response]. The order also authorized the receipt of location data for TT1 pursuant to Federal Rule of Criminal Procedure 41. [Ex. A, Order at 7-8].

In his affidavit in support of the application for the wiretap, Agent Lijoi provided background information regarding the investigation of drug trafficking and money laundering activities of a specific drug trafficking organization (“DTO”), which began in October of 2007. [Ex. A, Lijoi Aff. at 12-81]. Agent Lijoi relayed that based on “seizures of drugs and drug proceeds, debriefings of confidential sources, phone toll analysis, bank record analysis, travel records analysis, credit card expenditures analysis, public record searches, surveillances and other investigative techniques,” he had discovered that the DTO was headed up by an Atlanta-based cocaine supplier, who regularly supplied narcotics to the Kansas City and Philadelphia areas. [Id. at 12-13]. Specifically, Agent Lijoi explained that in October of 2007, a confidential source of information (“CSI-1”), identified J. Johnson as the DTO’s cocaine supplier. [Id. at 14-15]. CSI-1 explained that this DTO supplied at least three dealers in the Kansas City area, and that it utilized semi-trucks attached to semi-trailers to transport the drugs to Kansas City. [Id.]. CSI-1 also identified by name a specific Kansas City dealer that the DTO regularly supplied with cocaine. [Id-].

In April of 2008, law enforcement agents seized a large amount of cocaine in the Philadelphia area, which was subsequently linked to the DTO. [Id,, at 35]. Investigation during this seizure showed that the DTO had supplied cell phones to the distributors to be used during the specific deals or loads, and that these “load-phones” were pre-programmed with the DTO supplier’s contact information, which was listed as “me.” [/d]. Phone records from this time period showed that these load phones were in contact with each other, and that in the days leading up to and right after the seizure in Philadelphia, TT1 was in contact with individuals believed to be the couriers in Kansas City, among others. [Id. at 36-37]. Additionally, subpoenaed travel and financial records confirmed that the DTO supplier continued to travel to the Philadelphia area after this seizure of cocaine. [Id. at 38-39].

Agent Lijoi relayed that in July 2008, a cooperating source, who had been arrested in New York on narcotics-related charges, explained that the DTO had supplied him with cocaine for distribution in the past, and that it had also supplied another individual with cocaine for distribution in Philadelphia. [Id. at 30-31, 34]. Corroborating this information, Agent Lijoi explained that a confidential source of information (“CSI-2”) provided detailed information regarding the DTO supplying cocaine in Philadelphia, and the DTO’s supplier providing push-to-talk load phones pre-programmed with the contact “me” for use during the deals. [Id. at 37-38].

Agent Lijoi also relayed that in August 2008, another cooperating source, who had been arrested in Kansas City on narcotics-related charges, explained that the DTO had supplied him, as well as other distributors in the area, with cocaine in the past. [Id. at 19]. This source further explained that the DTO provided “load-phones” with a push-to-talk feature that were pre-programmed with the DTO supplier’s contact information as “me.” [Id. at 19-20]. Additionally, the source explained that the DTO utilized semi-trucks attached with semi-trailers to transport the narcotics to Kansas City, and that on at least one occasion, the source had observed cocaine being removed from one of these semi-trucks. [Id.]. The source said that the DTO utilized at least two couriers, one whom the source identified by name, in the Kansas City area, and that these couriers would actually deliver the cocaine to distributors and then collect the proceeds. [Id.].

Travel records, financial records, phone records, and surveillance showed that the DTO supplier was in fact in Kansas City on various dates between June and August of 2008, and that there were communications between the cooperating source’s and the DTO supplier’s load-phones, as well as communications between TT1 and the alleged courier identified by the cooperating source. [Id. at 19-20, 22]. Indeed, Agent Lijoi explained that “[s]ubpoenaed credit card records, rental car records, airline records, and hotel records revealed a pattern of travel consistent with [the DTO’s supplier] traveling from Atlanta, Georgia, to Kansas City, Philadelphia and elsewhere.” [Id. at 18, 32]. In particular, the records showed at least 50 trips to Kansas City and 21 trips to Philadelphia, and at least one trip in December of 2008 to Mexico, leaving and returning within three days. [Id. at 18-19, 43-44]. Records revealed that TT1 had contact with telephone numbers in Mexico in December 2008, and also had continued contact with suspected members of the DTO. [Id. at 44].

Agent Lijoi further relayed that in September of 2008, another confidential source of information (“CSI-3”) reported that a large shipment of powder cocaine had arrived in Philadelphia from Atlanta. [Id. at 39-40]. At this time, CSI-3 reported observing vehicles in the Philadelphia area that were associated with the DTO’s Atlanta-based supplier. [Id]. Thereafter, in October 2008, an individual was arrested on narcotics-related charges, and at the time of his arrest, he had several cellular telephones with him, one of which contained an entry labeled “me.” [Id. at 27-28]. Phone records during this time frame revealed that there was contact between load phones belonging to this individual and a load phone believed to belong to the DTO supplier. [Id. at 28-29], Additionally, there were contacts on TT1 to other individuals, including one of the alleged Kansas City couriers. [Id. at 29]. Finally, phone records and cell tower utilization showed that TT1 continued to have contact with suspected members of the DTO, including Degaule, in March, August, September, October, and November of 2009. [Id. at 44, 46, 48, 50-51, 53-56, 66].

Based on these facts, Agent Lijoi explained that the interception of TT1 was necessary in order to accomplish the goals of the investigation, which included discovering: (a) the identities of all of the members of the DTO and money laundering network beyond those already discovered; (b)the locations of the target subjects and their unidentified accomplices; (c) the scope of the DTO in Atlanta, Kansas City, Philadelphia, and elsewhere; (d)the methods used for the shipment of drugs and collection of proceeds; (e) the identities of the DTO’s customers in Atlanta, the other cities involved, and elsewhere; (f) stash house locations; (g) the identities of the DTO’s chain of command and customers so that it could be dismantled; and (h) the identity of the DTO’s source of supply, its operations, and its scope of distribution. [Id. at 81-82]. Agent Lijoi then explained that while the use of traditional investigative techniques, including obtaining court authorized toll and cell site information for TT1, conducting physical surveillance, using administrative subpoenas, utilizing confidential sources, and using tracking devices, had yielded some information, they had yet to be fully successful in accomplishing the goals of the investigation. [Id. at 83-86, 88-99, 104-05]. Moreover, Agent Lijoi explained why the contemplated use of other investigative methods, including the use of grand jury subpoenas, undercover agents, consensual monitoring, interviews of witnesses or subjects, and search warrants, consent searches, and trash searches were expected to be unsuccessful. [Id at 96-97, 99-105]. Agent Lijoi finally explained that the government would conduct the wiretap so as to minimize the interception of communications on TT1. [Id. at 105-08].

ii. Application for First Extension of Wiretap of TT1

On December 22, 2009, the Honorable Timothy C. Batten, Sr. (“Judge Batten”), United States District Judge, signed an order authorizing the extension of the interception of wire communications over TT1 and receipt of information regarding the location and travels of TT1 based on an application and 84-page affidavit submitted by Agent Lijoi. [Ex. B attached under seal to the government’s consolidated response]. In addition to including some of the information provided in his affidavit in support of the initial application for the wiretap of TT1, Agent Lijoi described in detail information obtained as a result of the interception of communications on TT1 authorized on November 20, 2009. [Ex. B, Lijoi Aff. at 13-14].

Specifically, Agent Lijoi explained that the intercepted communications confirmed that TT1 was being used as a contact or anchor phone for the DTO. [Id. at 14-47]. In particular, Agent Lijoi described conversations and calls made between TT1 and various individuals, including Degaule, believed to be associated with the DTO, which led him to conclude that these individuals were conspiring to engage in drug trafficking and money laundering activities. [Id. at 14-49]. For example, intercepted communications revealed discussions about moving large sums of money through bank accounts, and coded conversations were believed to be consistent with arranging for the use of commercial trucks to transport narcotics. [M]. Additionally, intercepted conversations also indicated that the DTO was attempting to move large sums of money internationally, consistent with bank fraud activities. [Id.].

Based on the additional information obtained as a result of the intercepted communications on TT1, Agent Lijoi explained that the continued interception of TT1 was necessary because surveillance of the suspected DTO members had been unsuccessful since the members often met in isolated areas, and that it was only through the intercepted communications that the agents could discern their activities. [Id. at 54]. Additionally, Agent Lijoi relayed that the intercepted communications revealed a “complex methodology for laundering money involving international bank accounts that if not for the interception of [TT1], the level of sophistication would not have been learned.” [Id.]. Agent Lijoi then explained why the traditional methods of investigations would not work to accomplish some of the goals of the investigation established in his original affidavit. [Id. at 54-79]. Agent Lijoi finally explained that the government would conduct the wiretap so as to minimize the continued interception of communications on TT1. [Id. at 79-83].

iii. Application for Second Extension of Wiretap of TT1

On January 28, 2010, the Honorable Thomas W. Thrash, Jr. (“Judge Thrash”), United States District Judge, signed an order authorizing a second extension of the interception of wire communications over TT1 and receipt of information regarding the location and travels of TT1 based on an application and 73-page affidavit submitted by Agent Lijoi. [Ex. C attached under seal to the government’s consolidated response]. In addition to including some of the information provided in his previous affidavits, Agent Lijoi included in his affidavit in support of the second extension information obtained as a result of further intercepted communications on TT1 from December 23, 2009, through January 20, 2010. [Ex. C, Lijoi Aff. at 13-14]. Specifically, Agent Lijoi explained that the intercepted communications confirmed that TT1 was still being used as a contact or anchor phone for the DTO. [Id. at 15-23, 27, 35]. For example, Agent Lijoi described conversations and calls made between TT1 and various individuals, including Degaule, believed to be associated with drug trafficking and money laundering activities. [Id. at 15-23, 27-34].

Based on the additional information obtained as a result of the continued interception of communications on TT1, Agent Lijoi explained that the interception of TT1 was still necessary in order to accomplish the goals of the investigation. [Id. at 36, 38-39]. In particular, Agent Lijoi explained that he believed that the continued interception of communications would lead to information concerning the DTO supplier’s “efforts to secure a new loan of illegal narcotics for which he appears to be positioning himself through the acquisition of a new semi-truck and trailer, and through his discussions about possible trucking routes.” [Id. at 39]. Additionally, Agent Lijoi explained that he believed that information would be obtained that would allow him to “identify the new replacement ‘load-phone’ to [TT2], upon which it is believed that [the DTO supplier] has detailed conversations related to his drug trafficking, money laundering and bank fraud activities.” [Id. (emphasis omitted) ]. He then explained why traditional methods of investigation would not work to accomplish all of the goals of the investigation. [Id. at 40-69]. Finally, Agent Lijoi explained that the government would conduct the wiretap so as to minimize the continued interception of communications on TT1. [Id. at 69-72].

iv. Initial Wiretap Application for Target Telephone 7

On May 28, 2010, Judge Batten entered an order authorizing the interception of wire communications over Target Telephone 7 (“TT7”) based on an application and 84-page affidavit submitted by Agent Lijoi. [Ex. D attached under seal to the government’s consolidated response]. In addition to including the information contained in his prior affidavits, Agent Lijoi explained in detail the relationship between the various load phones and anchor phones used to support the DTO’s activities. [Ex. D, Lijoi Aff. at 15-37].

Specifically, Agent Lijoi explained that phone records showed the interrelationship between TT1 and TT2, but that when the use of TT2 started to diminish, toll analysis led to the identification of Target Telephone 3 (“TT3”), which was activated on January 5, 2010, and used as a replacement for TT2 in conjunction with anchor phone TT1. [Id. at 13-26, 32]. When activity on TT3 began to decline, toll analysis again led to the identity of Target Telephone 4 (“TT4”), which was activated on March 11, 2010, as the replacement phone. [Id. at 26-28]. Agent Lijoi explained that just as TT2 and TT3 had been used in conjunction with then existing anchor phone TT1, it was determined that TT4 was being used with the replacement anchor phone, Target Telephone 8 (“TT8”). [Id. at 27]. Activity on TT4 began to decline on March 21, 2010, and reverse toll analysis then led to the identification of TT7, which was activated on April 16, 2010. [Id. at 28-29, 38, 41]. Agent Lijoi further explained that based on the analysis of TT7 as the most recent replacement load phone for the DTO supplier, he believed that the DTO supplier would “coordinate the distribution of [the] expected cocaine load through the use of [TT7].” [Id. at 38-39].

Agent Lijoi then explained why traditional methods of investigation would not work to accomplish the goals of the investigation established in his original affidavit. [Id. at 46-55, 58-80]. Finally, Agent Lijoi explained that the government would conduct the wiretap so as to minimize the interception of communications on TT7. [Id. at 80-83].

2. Analysis

Degaule seeks to suppress all evidence obtained as a result of the four wiretaps, arguing that the law enforcement agents failed to minimize the intrusion on the target telephones and that the affidavits in support of the wiretap applications fail to establish probable cause or to meet the necessity requirement. He requests a necessity evidentiary hearing for the wiretaps, and a Franks hearing regarding the references to confidential sources in the affidavits utilized in support of the wiretap applications. [Docs. 144 & 235]. Degaule also seeks suppression of evidence secured through the use of the target phones’ geographic location and GPS data information. [Doc. 164]. The Court will address each of these arguments in turn.

a. Probable Cause

“To support an order of electronic surveillance, an affidavit must establish, among other things, probable cause to believe that an individual is committing, has committed, or is about to commit certain offenses enumerated in 18 U.S.C. § 2516, and probable cause to believe that communications concerning that offense will be obtained through electronic surveillance.” United States v. Peterson, 627 F.Supp.2d 1359, 1363 (M.D.Ga.2008) (citation omitted). “The probable cause necessary to support a wiretap authorization is the same probable cause necessary for a search warrant.” Id. (citing United States v. Nixon, 918 F.2d 895, 900 (11th Cir. 1990)). See also Gonzalez Perez, 283 Fed. Appx. at 721. “Thus, probable cause exists if the totality of the circumstances indicate that there is a fair probability that the sought for evidence will be obtained.” Peterson, 627 F.Supp.2d at 1363 (citing Illinois v. Gates, 462 U.S. 213, 239, 103 S.Ct. 2317, 76 L.Ed.2d 527 (1983)). “The probable cause determination of the judge who issued the wiretap order will be upheld if the judge had a ‘substantial basis’ for concluding that probable cause existed.” Id. (citing Nixon, 918 F.2d at 900).

Contrary to Degaule’s contentions, Agent Lijoi’s affidavits alleged sufficient facts to establish probable cause to intercept communications over TT1 and TT7. Indeed, “[a] drug smuggling conspiracy of wide scope and long standing is described in some detail, and it is alleged that the telephone^] sought to be tapped [were] used in furtherance of the conspiracy.” United States v. Hyde, 574 F.2d 856, 862 (5th Cir.1978). Specifically, Agent Lijoi recited information regarding the DEA’s investigation of the DTO that began in October of 2007. [Ex. A, Lijoi Aff. at 14; Ex. B, Lijoi Aff. at 13; Ex. C, Lijoi Aff. at 13; Ex. D, Lijoi Aff. at 13]. Agent Lijoi recounted specific information in his affidavits that linked the use of TT1 and TT7 to a drug trafficking organization. In particular, Agent Lijoi explained how the DTO utilized load phones in combination with an anchor phone, and described how the investigation led to the identity of TT1 as an anchor phone being used by the DTO’s Atlanta-based cocaine supplier for the Kansas City and Philadelphia areas. [Ex. A, Lijoi Aff. at 12-14]. Confidential sources, financial records, phone records, travel records, surveillance, and the seizure of several load phones confirmed this information, [id. at 18-20, 22-25, 27-31, 34-44], and “[t]hese traditional standards, then, all give the affidavit some degree of reliability, buttressing a finding of probable cause therefrom,” Hyde, 574 F.2d at 863.

Additionally, Agent Lijoi explained how TT1 had contact with previously seized load phones and continued to have contact with suspected members of the DTO in a manner consistent with drug trafficking and money laundering activities. [Ex. A, Lijoi Aff. at 43-67]. As load phones were deactivated, the investigation showed that TT1 continued to be used as the anchor phone with newly identified load phones. [Id]. “ ‘[W]iretapping is particularly appropriate when the telephone is routinely relied on to conduct the criminal enterprise under investigation.’” United States v. Stokes, No. 96 CR. 481(SAS), 1996 WL 727400, at *5 (S.D.N.Y. Dec. 18, 1996) (quoting United States v. Steinberg, 525 F.2d 1126, 1130 (2d Cir.1975)). Therefore, Judge Story, who issued the order authorizing the initial wiretap, reasonably concluded based on the facts contained in the affidavit that there was probable cause to believe that information and evidence concerning drug trafficking and money laundering activities would be obtained through the interception of wire communications over TT1. [Ex. A, Order at 2-3].

After the initial authorization of the wiretap of TT1, the intercepted communications confirmed that TT1 was being used as an anchor phone for the DTO. [Ex. B, Lijoi Aff. at 14-47; Ex. C, Lijoi Aff. at 15-23, 27, 35]. Additionally, Agent Lijoi explained that intercepted conversations revealed discussions about moving large sums of money through various bank accounts and arranging for the use of commercial trucks to transport narcotics, which was corroborated through other sources, and upon which Judges Batten and Thrash reasonably found probable cause warranting two extensions of the interception of communications over TT1. [Ex. B, Lijoi Aff. at 14-49; Ex. B, Order; see also Ex. C, Lijoi Aff. at 15-23, 27-34, 39; Ex. C, Order].

Subsequently, through the use of these intercepted communications, cell tower utilization, surveillance, and phone records, Agent Lijoi explained that TT7 was identified as the new load phone for the DTO, and Judge Batten, who issued the order authorizing the wiretap, reasonably concluded based on the facts contained in the affidavit that there was probable cause to believe that information and evidence concerning drug trafficking and money laundering activities would be obtained through the interception of wire communications over TT7. [Ex. D, Lijoi Aff. at 13-39; Ex. D, Order at 2-3]. See United States v. Eiland, 398 F.Supp.2d 160, 171 (D.D.C.2005) (finding probable cause for wiretap where affidavit relied on confidential sources, physical surveillance, and previously captured calls to show that defendant was using the target phone to conduct drug trafficking related activities).

In his attempt to challenge Agent Lijoi’s affidavit for lack of probable cause, Degaule asserts that the toll analysis/pen register sections “fail to provide sufficient information to establish probable cause.” [Doc. 144 at 12]. In support of this argument, Degaule, citing to paragraphs 106 and 107 of Agent Lijoi’s affidavit in support of the initial wiretap application for TT1 and paragraphs 72 and 73 of Agent Lijoi’s affidavit in support of the wiretap for TT7, states, “[t]here are only two pages in each affidavit dedicated to this area, and neither suffices to show probable cause.” [M]. Degaule’s argument, however, overlooks the fact that Agent Lijoi actually devoted eight pages in his original affidavit and five pages in his affidavit in support of the first extension to the toll analysis of TT1, and six pages in his affidavit in support of the wiretap for TT7 to the toll analysis of TT7. [Ex. A, Lijoi Aff. at 74-81 ¶¶ 94-95; Ex. B, Lijoi Aff. at 49-53 ¶¶ 89-98; Ex. D, Lijoi Aff. at 41-46 ¶ 55]. In fact, the paragraphs Degaule cites were actually utilized under the sections in Agent Lijoi’s affidavits describing the necessity for the wiretaps at issue. See [Ex. A, Lijoi Aff. at 81-89 ¶¶ 96-107; Ex. D, Lijoi Aff. at 46-60 ¶¶ 56-73]. More important, the toll analysis was not the sole factor upon which probable cause was based. As previously explained, confidential sources, financial records, travel records, surveillance, and the seizure of several load phones in combination with the toll analysis confirmed that TT1 and TT7 were being used in support of the DTO’s activities. Therefore, Degaule’s argument in this regard is without merit.

Degaule also asserts that the information contained in the affidavit as it pertains to him, was “stale and not incriminatory.” [Doc. 235 at 8]. Specifically, Degaule argues that while Agent Lijoi explains how he discovered that Degaule had made several large deposits, which he then in turn paid out to many creditors or third parties on behalf of J. Johnson’s businesses, he “neglects to mention ... that [Degaule] ... submitted 1099s for many, if not all, of these payments,” and “did not attempt to hide his financial role on behalf of [J. Johnson’s] legitimate businesses.” [Id,.]. Therefore, Degaule argues that the affidavit failed to establish probable cause that he had committed or was about to commit a crime. [Id. at 9].

However, “[i]n issuing the wiretap orders regarding [TT1 and TT7], the relevant probable cause inquiry is not whether [Degaule] was engaged in criminal activity but whether an individual was engaged in criminal activity and whether the conversations sought to be monitored over the target telephones were likely to contain evidence of a crime.” United States v. Diaz, Criminal No. 3:08-CR-267-D (05), 2009 WL 348284, at *5 (N.D.Tex. Feb. 11, 2009). See also United States v. Ambrosio, 898 F.Supp. 177, 184-85 (S.D.N.Y.1995) (“[T]he relevant inquiry is whether the conversations sought to be monitored were likely to contain evidence of a crime”) (citations omitted). That is, “as to those persons who are known to the investigators and listed in the wiretap application, the government need not establish probable cause ‘for each person named in an application.... What is required is sufficient information so that a judge could find probable cause to believe that the telephone in question is being used in an illegal operation.’ ” Woodley, 2009 WL 3415214, at *2 (quoting Domme, 753 F.2d at 954 n. 2).

Here, Degaule “improperly focus[es] on the investigation of his own conduct while ignoring the larger inquiry into the alleged conspiracy as a whole.” United States v. Murdock, No. CR410-160, 2011 WL 43503, at *1 (S.D.Ga. Jan. 6, 2011). As previously discussed, Agent Lijoi’s affidavits alleged sufficient facts to establish probable cause to believe that J. Johnson, and others, were part of a conspiracy to distribute narcotics and to launder the proceeds, and that communications regarding these activities would be intercepted over TT1 and TT7. Therefore, the issuing judges reasonably concluded that there was probable cause to believe that J. Johnson or another individual “was engaged in drug trafficking and that the conversations sought to be monitored over [TT1 and TT7] were likely to contain evidence of drug trafficking-issues that [Degaule] does not challenge.” Diaz, 2009 WL 348284, at *6. Thus, “the interception of those telephones was properly authorized, and [Degaule’s] calls over those telephones could be monitored so long as the communications were likely to contain evidence of the drug-trafficking [and money laundering] activity being investigated, as was the case.” Id.; see also Gonzalez Perez, 283 Fed.Appx. at 721-22 & n. 6.

Finally, Degaule argues that the deposits occurred between February 2008 and April 2009, and that “the last known deposit, which occurred in April, was significantly smaller than the remainder and was the first such deposit made by [Degaule] in almost five months.” [Doc. 235 at 9]. Degaule then points out that “no other deposits allegedly attributable to [J. Johnson] were made by [Degaule] between April 2009 and November 2009, the date in which the application for a wiretap application was submitted,” and he contends that the information contained in Agent Lijoi’s affidavit was therefore stale and should not have been considered in the probable cause analysis. [Id.].

“It is fundamental that the information provided to a judge in the application for a wiretap order, just as for a search warrant, must be timely.” United States v. Batiste, No. 06-20373-CR, 2007 WL 2412837, at *17 (S.D.Fla. Aug. 21, 2007) (citing Hyde, 574 F.2d at 864). “That is because probable cause must exist at the time the order issues.” Id. (citations omitted). “Whether information submitted in support of a wiretap order is stale is an issue that is decided on the peculiar facts of each case.” Id. (citing Hyde, 574 F.2d at 865). “Courts traditionally allow a fairly long period of time to elapse between information and search warrant in cases where the evidence shows a long-standing, on-going pattern of criminal activity.” Id. (citation omitted). “This is even more reasonable in wiretap cases than in ordinary search warrant cases, because no tangible objects that can be quickly carried off are sought.” Id. (citing United States v. Van Horn, 789 F.2d 1492, 1498-99 (11th Cir.1986) (“where investigation was of large, on-going drug importation and distribution conspiracy, the fact that the most recent information was two months old did not indicate the probable cause did not exist”); United States v. Ozar, 50 F.3d 1440, 1446 (8th Cir.1995) (“where FBI was investigating bank fraud conspiracy, passage of time was less significant when there was cause to believe continuing criminal activity”)). Furthermore, “[i]t is well established ... that stale information is not fatal when ... updated information corroborates the alleged stale information.” Ortegar-Estrada, 2008 WL 4716949, at *7 (citation omitted).

Here, the investigation into the DTO’s activities had been ongoing since October of 2007. While Degaule may not have made any deposits between April and November of 2009, the affidavit detailed how Degaule remained in contact with TT1 through November 3, 2009, and Agent Lijoi provided updated information concerning other members of the DTO and the DTO’s activities up to the date of the application. See [Ex. A, Lijoi Aff. at 12-67, 78]. See also United States v. Thomas, 605 F.3d 300, 310 (6th Cir.2010) (8-month old evidence not stale where evidence was “refreshed” by more recent corroborating information in the affidavit); United States v. Diaz, 176 F.3d 52, 109-10 (2d Cir.1999) (pen register analysis updated and bolstered probable cause by showing use of target phone to call members involved in drug trafficking activities within a month of wiretap application). As present in this case, “[w]here the supporting affidavit paints a picture of continuing conduct, as opposed to an isolated instance of wrongdoing, ... the passage of time between the last described act and the presentation of the application becomes less significant.” United States v. Muhammad, Criminal No. 3:09cr265 (JBA), 2010 WL 2232438, at *5 (D.Conn. May 26, 2010) (internal marks and citation omitted) (second alteration in original). In fact, “[t]he passage of time is not controlling, but is one factor to consider, along with the length of criminal activity.” United States v. Dang, No. 2:08-CR-88, 2009 WL 1918081, at *3 (D.Vt. June 30, 2009) (citation omitted).

“Given the nature of the offenses with which [Degaule has] been charged, and given the incompleteness of [the] plans, it was reasonable for the issuing judges to have concluded that the activities mentioned in the affidavits were of an on-going nature.” Batiste, 2007 WL 2412837, at *18. Thus, the information included in Agent Lijoi’s affidavit was not stale, and the Court rejects Degaule’s argument in this regard. See United States v. Johnson, 290 Fed.Appx. 214, 223 (11th Cir. 2008) (per curiam) (unpublished) (collecting Eleventh Circuit cases that rejected staleness challenges involving information that was anywhere from six months to two years old); United States v. Rowell, 903 F.2d 899, 903 (2d Cir.1990) (finding an 18-month delay between informants’ statements and the wiretap application did not render information stale); United States v. Word, 806 F.2d 658, 662 (6th Cir.1986) (four to five month old information in affidavit not stale where, inter alia, “the events alleged in the affidavit were of a continuing nature”). See also United States v. Spikes, 158 F.3d 913, 924 (6th Cir.1998) (evidence up to four years old sufficient to support probable cause where affidavit contained more recent information showing that drug trafficking was of an ongoing and continuing nature). Accordingly, the Court finds that the issuing district judges had a substantial basis to conclude that probable cause existed when they authorized the initial and continuing wiretaps at issue in this case.

b. Necessity

“Pursuant to 18 U.S.C. § 2518, court-ordered electronic surveillance is prohibited unless the government demonstrates the necessity of such techniques.” United States v. Wilson, 314 Fed.Appx. 239, 243 (11th Cir.2009) (per curiam) (unpublished) (citation omitted). “This statute requires that wiretap applications include a ‘full and complete statement as to whether or not other investigative procedures have been tried and failed or why they reasonably appear to be unlikely to succeed if tried or to be too dangerous ....’” United States v. Collins, 300 Fed. Appx. 663, 666 (11th Cir.2008) (unpublished) (quoting 18 U.S.C. § 2518(1)(c)). See also Wilson, 314 Fed.Appx. at 243. “The purpose of this statute is to ensure that wiretapping is not resorted to in situations in which traditional investigative techniques would suffice to expose the crime.” Collins, 300 Fed.Appx. at 666 (footnote added). “ ‘The affidavit need not show a comprehensive exhaustion of all possible techniques, but must simply explain the retroactive or prospective failure of several investigative techniques that reasonably suggest themselves.’ ” Id. (quoting Van Horn, 789 F.2d at 1496). “The district court is entitled to broad discretion in analyzing the necessity issue, and the government’s showing on necessity must be read in a practical and commonsense fashion.” United States v. Newsome, No. CR 108-062, 2008 WL 4820257, at *3 (S.D.Ga. Nov. 4, 2008), adopted at *1 (internal marks and citation omitted).

Degaule contends that the government failed to establish the necessity for the wiretaps at issue in this case and that the fruits of the wiretap orders should therefore be suppressed. [Docs. 144 & 235]. Specifically, Degaule argues that the wiretap application “conflate[s] the Affiant’s belief that there is probable cause to believe some suspects are engaged in criminal conduct, with the particularized necessity for a wiretap,” asserting that the government has failed to demonstrate any need for the wiretaps with specificity. [Doc. 144 at 15]. In short, Degaule contends that Agent Lijoi’s affidavits merely recite boiler-plate rationales by stating that traditional investigative measures have not been or will not be successful, and that the government has therefore failed to carry its burden of showing a necessity for the wiretaps. [Id. at 15-16]. The Court disagrees.

In his affidavits, Agent Lijoi described at length the two-year long investigation of the DTO in this case and explained that the wiretaps were necessary to accomplish specific objectives of the investigation, which included, inter alia, discovering the identities of all of the members of the DTO and money laundering network beyond those already discovered; the locations of the target subjects and their unidentified accomplices; the scope of the DTO in Atlanta, Kansas City, Philadelphia, and elsewhere; the methods used for the shipment of drugs and collection of proceeds; the identities of the DTO’s customers in Atlanta, the other cities involved, and elsewhere; stash house locations; the identities of the DTO’s chain of command and customers so that it could be dismantled; and the identity of the DTO’s source of supply and its operations and scope of distribution. See [Ex. A, Lijoi Aff. at 81-82; Ex. B, Lijoi Aff. at 53-55; Ex. C, Lijoi Aff. at 36-41; Ex. D, Lijoi Aff. at 46-48]. Agent Lijoi then provided a detailed explanation of the techniques already employed and the reasons why these techniques, and others, had failed to achieve the investigation’s objectives or why he believed such techniques would fail in this particular investigation. [Ex. A, Lijoi Aff. at 82-105; Ex. B, Lijoi Aff. at 55-79; Ex. C, Lijoi Aff. at 41-69; Ex. D, Lijoi Aff. at 48-80]. The techniques the government either tried or considered included using pen registers, conducting physical surveillance, utilizing a grand jury, using administrative subpoenas, using confidential sources, utilizing undercover agents, performing consensual monitoring, interviewing witnesses, using search warrants, performing trash searches, and using tracking devices. [Ex. A, Lijoi Aff. at 88-105; Ex. B, Lijoi Aff. at 55-79; Ex. C, Lijoi Aff. at 41-69; Ex. D, Lijoi Aff. at 48-80].

While it is true that an affidavit supporting a wiretap application must “show with specificity why in this particular investigation ordinary means of investigation will fail,” United States v. Carrazana, 921 F.2d 1557, 1565 (11th Cir.1991) (internal citations omitted), and that much of the conclusions in Agent Lijoi’s affidavits would certainly apply to numerous drug and money laundering conspiracy investigations, such as the ineffectiveness of pen registers and tracking devices, or the fear that a grand jury or interviews with witnesses would alert the conspirators, see [Ex. A, Lijoi Aff. at 88, 96-97, 102, 104-05; Ex. B, Lijoi Aff. at 53-79; Ex. C, Lijoi Aff. at 36-69; Ex. D, Lijoi Aff. at 46-80], the affidavits in question here are sufficiently specific and do not constitute “boiler-plate rationales.”

For example, Agent Lijoi explained that counter-surveillance techniques used by the DTO and restricted access to various locations made physical surveillance unlikely to reveal all of the alleged conspirators in this case. [Ex. A, Lijoi Aff. at 89-95; Ex. B, Lijoi Aff. at 62-69; Ex. C, Lijoi Aff. at 48-57; Ex. D, Lijoi Aff. at 60-70]. In fact, the affidavits note that physical surveillance was insufficient due to the number of unknown co-conspirators and the DTO’s attempts to elude law enforcement. [Ex. A, Lijoi Aff. at 89-95; Ex. B, Lijoi Aff. at 62-69; Ex. C, Lijoi Aff. at 48-57; Ex. D, Lijoi Aff. at 60-70], Likewise, the use of pen registers and tracking devices could not lead to the identity of co-conspirators as they only identify the numbers called or the location of the suspects, and attempts to identify the suspects have been often unsuccessful since the phones usually contain false subscriber information and the number of vehicles at the DTO’s disposal made identifying the members difficult. [Ex. A, Lijoi Aff. at 88-89, 104-05; Ex. B, Lijoi Aff. at 61-62, 78-79; Ex. C, Lijoi Aff. at 46-47, 67-69; Ex. D, Lijoi Aff. at 58-60, 79-80]. Agent Lijoi also explained that confidential sources, undercover agents, and consensual monitoring were not an option because “[i]t is difficult, if near impossible, for outsiders to penetrate the organization,” and the government did not have contacts to get them sufficiently close to the conspiracy’s inner core. [Ex. A, Lijoi Aff. at 97-102; Ex. B, Lijoi Aff. at 71-76; Ex. C, Lijoi Aff. at 59-64; Ex. D, Lijoi Aff. at 71-76]. Similarly, Agent Lijoi explained that using a grand jury investigation, interviewing witnesses or known subjects, and using search warrants would frustrate the broader purpose of the investigation by alerting other members of the DTO and possibly leading to the destruction of evidence. [Ex. A, Lijoi Aff. at 96, 102-03; Ex. B, Lijoi Aff. at 69-71, 76-78; Ex. C, Lijoi Aff. at 57-59, 64-67; Ex. D, Lijoi Aff. at 70-71, 77-79]. Finally, Agent Lijoi concluded that trash pulls would be unsuccessful given the restricted access to various locations and the counter-surveillance systems that were put into place. [Ex. A, Lijoi Aff. at 103-04; Ex. B, Lijoi Aff. at 77-78; Ex. C, Lijoi Aff. at 66-67; Ex. D, Lijoi Aff. at 78-79]. Thus, contrary to Degaule’s assertions, these are not boilerplate affidavits. See Murdock, 2011 WL 43503, at *1. Indeed, “[including more than mere general declarations and conclusory statements, [these] affidavits] instead incorporate[ ] detailed facts and supporting conclusions that satisfy the predicates of 18 U.S.C. § 2518(c).” Id. Thus, Agent Lijoi’s detailed explanation regarding the necessity of the wiretaps in order to reach the investigation’s objectives is sufficient to satisfy the necessity requirement.

Degaule further contends that “the traditional investigative techniques employed by the police were actually working,” contrary to Agent Lijoi’s “belief that ‘normal investigative procedures appeared] reasonably unlikely to succeed in meeting the goals and objectives of the investigation.’ ” [Doc. 144 at 17-18 (citation omitted); see also Doc. 235 at 12], However, “the fact that the traditional methods in use were producing evidence does not alter [the Court’s] conclusion.” United States v. Allen, 274 Fed.Appx. 811, 816 (11th Cir.2008) (per curiam) (unpublished). “Nothing in the law requires that the traditional methods be entirely useless or that the district court force the government to redefine its objectives.” Id. In fact, “[t]his circuit has repeatedly held that, where conventional techniques will not show the entire scope of the conspiracy, a wiretap is permissible, even in those situations where conventional techniques will allow for the arrest and conviction of some members.” United States v. Kelley, Criminal No. 08-00327-CG, 2009 WL 2589086, at *2 (S.D.Ala. Aug. 17, 2009) (internal marks and citations omitted).

Here, “[i]n the affidavit[s], the agent repeatedly emphasized that [the] evidence was ... unhelpful to the government’s goal of revealing the entire conspiracy.” Allen, 274 Fed.Appx. at 816; see also [Ex. A, Lijoi Aff. at 82-89, 94-96,100-02, 105; Ex. B, Lijoi Aff. at 54-62, 68-69, 73, 75-76, 79; Ex. C, Lijoi Aff. at 36-45, 47, 56-57, 61, 63, 68-69; Ex. D, Lijoi Aff. at 46-55, 59-60, 68-69, 73-77, 80]. Indeed, “[t]he evidence reflects that various members of the drug conspiracy facilitated the criminal enterprise through multiple telephone conversations from several locations,” and “it does not appear that the government could have uncovered the full scope of the conspiracy, especially not in a relatively safe manner, without the wiretaps.” United States v. Stewart, 306 F.3d 295, 305-06 (6th Cir.2002). Accordingly, the Court rejects Degaule’s arguments in this regard, and “finds that the government met the necessity requirements of 18 U.S.C. § 2518 in its application^] for a wiretap.” Kelley, 2009 WL 2589086, at *3; United States v. Olmedo, 552 F.Supp.2d 1347, 1366 (S.D.Fla.2008), adopted at 1350.

c. GPS Information

Degaule moves to suppress any information or data obtained as a result of the seizure of the geographic location or GPS data of TT1 and TT7, arguing that the interception of such data is not authorized by Title III and constitutes an illegal search in violation of his Fourth Amendment right to a reasonable expectation of privacy. [Doc. 164 at 3-8]. However, as the government contends, [Doc. 213 at 49-54], Degaule overlooks the fact that he lacks standing to challenge the seizure of this information because he does not have a privacy or possessory interest in TT1 or TT7.

“The Fourth Amendment protects an individual in those places where he can demonstrate a reasonable expectation of privacy against government intrusion.” United States v. Suarez-Blanca, Criminal Indictment No. 1:07-CR-0023-MHS/AJB, 2008 WL 4200156, at *5 (N.D.Ga. Apr. 21, 2008) (citing Katz v. United States, 389 U.S. 347, 353, 88 S.Ct. 507, 19 L.Ed.2d 576 (1967)). “Fourth Amendment rights, however, are personal, and only individuals who actually enjoy the reasonable expectation of privacy have standing to challenge the validity of a government search.” Id. (citations omitted). See also Rakas v. Illinois, 439 U.S. 128, 133-34, 99 S.Ct. 421, 58 L.Ed.2d 387 (1978). “To have standing to challenge a search, one must manifest a subjective expectation of privacy in the invaded area that society is prepared to recognize as reasonable.” Suarez-Blanca, 2008 WL 4200156, at *5 (internal marks and citations omitted). See also California v. Ciraolo, 476 U.S. 207, 211, 106 S.Ct. 1809, 90 L.Ed.2d 210 (1986) (standing to challenge search requires a subjective expectation of privacy that society would recognize as legitimate); United States v. Baron-Mantilla, 743 F.2d 868, 870 (11th Cir.1984) (per curiam). Additionally, “ ‘[legitimation of expectations of privacy by law must have a source outside of the Fourth Amendment, either by reference to concepts of real or personal property law or to understandings that are recognized and permitted by society.’ ” Suarezr-Blanca, 2008 WL 4200156, at *5 (quoting Rakas, 439 U.S. at 143 n. 12, 99 S.Ct. 421) (alteration in original). “Thus, an individual asserting Fourth Amendment rights ‘must demonstrate that he personally has an expeetation of privacy in the place searched, and that his expectation is reasonable[.]’ ” Id. at *6 (quoting Minnesota v. Carter, 525 U.S. 83, 88, 119 S.Ct. 469, 142 L.Ed.2d 373 (1998)) (alteration in original). That is, Degaule “must establish both a subjective and an objective expectation of privacy,” and he “bear[s] the burden of showing a legitimate expectation of privacy in the area searched.” Id. (citations omitted).

“Courts have determined that an individual does not have a legitimate expectation of privacy in items that are not in the individual’s name or when an individual uses an alias or fictitious name and there is no other evidence linking the defendant to the item or property.” Id. (footnote and citations omitted). Here, Degaule has failed to show any reasonable expectation of privacy in TT1 and TT7. Indeed, the subscribers of TT1 and TT7 were identified as S. Johnson and Rosse Ram from Rancho Cucamonga, California, respectively, and both phones were described as being utilized by J. Johnson. [Ex. A, Lijoi Aff. at 9, 74; Ex. B, Lijoi Aff. at 9; Ex. C, Lijoi Aff. at 9; Ex. D, Lijoi Aff. at 9, 41], Degaule has not shown that he had possession, ownership, or control over either TT1 or TT7, and the evidence before the Court is insufficient to establish that he has any reasonable expectation of privacy in these phones. See Suarez-Blanca, 2008 WL 4200156, at *7. Accordingly, Degaule’s suppression motion in this regard is due to be denied. See United States v. Skinner, No. 3:06-CR-100, 2007 WL 1556596, at *15, *17 (E.D.Tenn. May 24, 2007), adopted at *1 (finding defendant lacked standing to assert a Fourth Amendment protected interest in cell phone not subscribed in his name and had no statutory right to privacy in the phone); United States v. Castillo-Martinez, No. 04-CR-6128L, 2007 WL 1026363, at *5 (W.D.N.Y. Apr. 2, 2007), adopted at *2 (finding that defendant did not have a privacy interest in cell phone number that was not registered or used by the defendant). Thus, for all the foregoing reasons, it is hereby RECOMMENDED that Degaule’s motion to suppress intercepted communications, [Doc. 144], be DENIED.

B. Motions to Suppress Evidence and Statements, [Docs. 146 & 206]

Degaule moves to suppress all evidence and statements arising from his arrest on June 17, 2010, and the subsequent search of his residence and former business. [Docs. 146 & 206]. For the following reasons, it is RECOMMENDED that his motions to suppress, [Docs. 146 & 206], be DENIED.

1. Statement of Facts

On June 17, 2010, at 6:07 a.m., several law enforcement officers arrived at Degaule’s residence located at 3220 Lynwood Drive in Atlanta to execute an arrest warrant for Degaule obtained following the return of the superseding indictment in this case. [Doc. 248 at 12-15, 18, 31, 43]. Gwinnett County Police Department Officer Dustin Seeton (“Officer Seeton”), who is assigned to the Atlanta High Intensity Drug Trafficking Area (“HIDTA”) Task Force, along with DEA Special Agent Rob Norton (“Agent Norton”), Task Force Officer Benjamin Lucas (“Officer Lucas”), wearing their duty belts with holstered guns and bulletproof vests that had “Police” printed on the front and “Federal Agent” printed on the side, approached the front door of Degaule’s residence and knocked, and after approximately thirty seconds had passed, Degaule opened the door. [Id. at 15-17, 51]; see also (Degaule Gov. Ex. 36; Degaule Gov. Ex. 37 at 1). Officer Seeton identified himself, explained that he had a warrant for Degaule’s arrest, and was requesting permission to enter the residence so that they could avoid making a scene, when Degaule, who was wearing either running shorts or pants and a t-shirt and standing about three to four feet inside his residence and away from the threshold, interrupted and said, “DEA?” [Doc. 248 at 17-18, 22, 51]; (Degaule Gov. Ex. 37 at 1-2). The agents confirmed that they were with the DEA, and Degaule replied, “I don’t do no drugs,” and again interrupted Officer Seeton, who was still trying to request permission to enter the residence, by stating, “I change ... you can come in ... I’ll change,” while simultaneously waiving his arms to motion for the agents to come inside of the residence. [Doc. 248 at 22, 45, 48, 51]; (Degaule Gov. Ex. 37 at 2). Officer Seeton still requested permission to enter the residence, and Degaule replied, “Yeah, yeah. Yes, sir, please come in.” (Degaule Gov. Ex. 37 at 2).

Upon entry, Officer Seeton asked Degaule whether anyone else was present in the home, and Degaule indicated that he was not sure whether his wife was exercising downstairs. [Doc. 248 at 22]; (Degaule Gov. Ex. 37 at 2). As Officer See-ton began to request permission to check to see if she was downstairs, Degaule interrupted and said, “You want to check?” and then proceeded to escort the agents downstairs. [Doc. 248 at 22]; (Degaule Gov. Ex. 37 at 2). Degaule was not placed in handcuffs or in any way restrained at this time. [Doc. 248 at 22, 25, 39]. Once they reached the basement, Degaule confirmed that his wife was not present and explained to the agents that she sometimes exercised at a gym. [Id. at 22-23]; (Degaule Gov. Ex. 37 at 2-3).

After the agents walked back upstairs, Degaule retrieved a cloth briefcase or attache case, headed towards the dining room, and advised the agents that “I got something in there that I got to give you first.” (Degaule Gov. Ex. 37 at 3); [Doc. 248 at 23-24]. Degaule then retrieved several documents from the ease and presented them to the agents, instructing them to review and fill out the forms. [Doc. 248 at 23-24]; (Degaule Gov. Ex. 37 at 3-4; Degaule Gov. Ex. 1). While the agents were reviewing these documents, DEA Intel Group Supervisor Kelly Robinson (“Sup. Robinson”) joined the group in the dining room, and a discussion regarding the documents ensued. [Doc. 248 at 26]; (Degaule Gov. Ex. 37 at 4-7). During this time, Officer Seeton asked Degaule whether there were any other persons in the residence and if they could “walk around and just verify there’s no one hiding.” [Doe. 248 at 24-25, 52, 67]; (Degaule Gov. Ex. 37 at 9-10). Degaule replied, “Let’s go. Let’s go. Let’s go. Let’s go,” and “Okay. Let’s do it.” (Degaule Gov. Ex. 37 at 10); [Doc. 248 at 25, 52], Degaule then proceeded to escort the agents through the house, describing each room, opening secured doors, and confirming that no one else was present in the home. [Doc. 248 at 25-26, 54, 67]; (Degaule Gov. Ex. 37 at 10-11).

After they concluded the sweep of the residence, Degaule and Officer Seeton returned to the dining room and joined Agent Norton, Officer Lucas, and Sup. Robinson at the table. [Doc. 248 at 26]. At this time, Officer Seeton showed Degaule the arrest warrant, explained that based on a long-term investigation, he had been indicted with other co-conspirators, some of whom he identified by name, and advised him that the “charges that [he was] looking at are very, very severe,” “obviously carry a long prison sentence,” and that he was “definitely ... going to jail ... tonight.” (Degaule Gov. Ex. 37 at 12-13); [Doc. 248 at 26, 30]. Officer See-ton then asked Degaule whether he understood what was going on and if he wanted to continue talking, and Degaule replied, “Sure.” (Degaule Gov. Ex. 37 at 13); [Doc. 248 at 26].

Prior to interviewing him, Offi