E.D.Tenn.: Premises was objectively one residence, not two as defendant contended; he was a mere guest

There were no objective manifestations that the place to be searched was actually two residences. It was one with defendant staying as a guest, and the search warrant for the building was particular. United States v. Melton, 2012 U.S. Dist. LEXIS 71151 (E.D. Tenn. February 7, 2012):

Nevertheless, even assuming there were two residences, the Court finds nothing that would have put Investigator Butler on notice that the River Road house contained two dwellings. The house was a single family dwelling, not an apartment building, a duplex, or a townhouse. The affidavit states [Exh. 1, ¶3] that the officers verified the confidential informant’s description of the residence. The record is devoid of evidence that the residence had two mailboxes, driveways, or other physical indication that it contained two residences. The confidential informant’s statement to Investigator Butler that he lived in the downstairs portion of the residence did not indicate that the informant was renting a separate residence, rather than staying as Ms. Burgess and the Defendant’s guest. …

The reason for defendant’s traffic stop was a reasonable mistake of fact, and defendant was acting furtively when the officer walked up on him. The furtive gestures justified a frisk of the vehicle producing a gun, then a search warrant issued for the vehicle. United States v. Jenkins, 680 F.3d 101 (1st Cir. 2012).*