Commonwealth v. Miranda

28 Mass. L. Rptr. 143
CourtMassachusetts Superior Court
DecidedJanuary 19, 2011
DocketNo. 0910935
StatusPublished

This text of 28 Mass. L. Rptr. 143 (Commonwealth v. Miranda) is published on Counsel Stack Legal Research, covering Massachusetts Superior Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Commonwealth v. Miranda, 28 Mass. L. Rptr. 143 (Mass. Ct. App. 2011).

Opinion

Kaplan, Mitchell H., J.

On November 29, 2008, the Superior Court (Ball, J.) issued an order authorizing the interception, monitoring and recording of commu[144]*144nications among defendant Ricardo Greene and his associates, agents, and co-conspirators relating to the possession or distribution of cocaine occurring over a certain cellular telephone (the wiretap and the wiretap warrant). Based upon evidence obtained directly or indirectly as a result of the wiretap warrant (and certain extensions of that warrant and follow-on warrants), Christian Miranda, Greene and other defendants were indicted for various offenses generally relating to the possession of cocaine with the intent to distribute it. The defendants identified in footnote 1 have filed or joined in Motions to Suppress Evidence Obtained from Electronic Surveillance. The defendants maintain that the Superior Court was not authorized by G.L.c. 272, §99 to issue the wiretap warrant and it is therefore unconstitutional or, alternatively, that it was issued in violation of G.L.c. 272, §99.

The parties have filed numerous briefs in support of and opposition to these motions and arguments of counsel were presented to the court at a hearing convened on December 8, 2010. After consideration of the foregoing, the Motions to Suppress Evidence Obtained from Electronic Surveillance are DENIED.

BACKGROUND

The affidavit submitted in support of the original wiretap warrant is 129 pages in length. It was authored by Detective Frederick M. Waggett of the Boston Police Department and Sergeant John M. Brooks of the Massachusetts State Police and executed by them on November 24, 2008 (the affidavit).2,3 The affidavit is incorporated by reference in this memorandum of decision. What follows is a summary of certain of the relevant averments set forth in it. Over the past fifteen years, the Boston Police Department Youth Violence Strike Force and Special Investigations Unit have been monitoring the activities of a group of individuals believed to be involved in violent street crime and narcotics distribution. This group identifies itself as the “Magnolia Street Steelers.” Many individuals claiming membership in the Magnolia Street Steelers openly identified themselves as members and were known to Boston Police Detectives Gregoiy Brown and Brian Smigielski. Those individuals include Greene and Miranda, as well as Errin Crawford, Elias Perea, and Keon Santos.4 Detective Smigielski knows the Magnolia Street Steelers to be a violent group involved in narcotics distribution.

Confidential Informant

Defendant Greene came to the attention of investigating officers as an individual involved in the sale of large quantities of crack cocaine through a confidential informant (hereafter referred to as CI-01). The affidavit describes the officers’ relationship with CI-01 and their basis for concluding that he is a reliable source of information.5

CI-01 “knew of Greene as a result of a personal and illicit relationship that they shared for a period of several years.”6 CI-01 claimed to “have made purchases of drugs, particularly crack cocaine, from Greene during this time.”7 CI-01 told Detective Brown that CI-01 “had been in the presence of Greene when he sold cocaine to others.”8 CI-01 also told police “that Greene identifies himself as a member of the Magnolia Street Steelers.”9 According to CI-01, Greene was “known to associate with Errin Crawford, Jason DeP-ina, Teddy Duncan, Elias Perea, and Keon Santos.” Those individuals were known to the police as members of the Magnolia Street Steelers.

CI-01 told police that Greene sold large quantities of cocaine, up to 125 grams in a single transaction. CI-01 stated that Greene had been utilizing the services of his father, Ricardo Yore, and Jason DePina to distribute crack cocaine for him. CI-01 gave the police two telephone numbers associated with Greene. The first of these Greene stopped using before the police applied for the wiretap warrant which is the subject of this motion (original Greene telephone). The second number was for the cellular phone that is the subject of the wiretap (target telephone).10

Controlled Purchases

In August 2008, CI-01 called the original Greene telephone. Dt. Brown, in whose presence the call was made, was able to hear and recognize Greene’s voice on the other end of the call. CI-01 requested a specific amount of crack cocaine and arranged with Greene a time and place to meet to purchase it. At the agreed-upon location, police surveillance observed CI-01 approach a car driven by Yore and exchange currency for crack cocaine. Thereafter, CI-01 turned over rocks of crack cocaine to police.

In September 2008, CI-01 again contacted Greene on the original Greene telephone to arrange another purchase of crack cocaine. After following a substantially similar procedure to arrange the purchase, police surveillance observed CI-01 meet with Greene at the agreed-upon location and obtain crack cocaine from him. CI-01 turned over the narcotics to the police afterwards. In the same month, CI-01 participated in two additional controlled purchases of crack cocaine from Greene. To arrange the second of these latter two purchases, CI-01 called not the original Greene telephone, but the target telephone, which Greene told CI-01 to use to contact him to buy crack cocaine. On both occasions, CI-01 met Greene and obtained drugs from him.

On September 22, 2008, Boston Police Detective Gregoiy Walsh made a “cold call” to the original Greene telephone. He asked an individual identified as “Sport” to sell him an “eight-ball,” i.e., 3.5 ounces of cocaine. A meeting place and time was arranged. When Dt. Walsh arrived, he came upon a vehicle occupied by Greene, Jonathan Carter, and Elias Perea. Carter and Perea were known members of the Magnolia Street Steelers; CI-01 had told police that Perea was involved in cocaine distribution activities. Dt. Walsh observed [145]*145a plastic twist containing what appeared to be crack cocaine on the console of the vehicle. Dt. Walsh was told to get into the vehicle, but he refused and the occupants drove off without a transaction having taken place. Uniformed police officers stopped the vehicle soon afterwards; however, no cocaine was recovered.

In October 2008, CI-01 again called the target telephone to arrange a purchase of crack cocaine. Again, police surveillance observed CI-01 obtaining drugs from Greene at the location specified during the phone call, and obtained crack cocaine from CI-01 after the exchange was complete. On November 20, 2008, CI-01 contacted Greene on the target telephone again, and discussed the possibility of purchasing additional crack cocaine.

Telephone TolF Analysis

Toll analysis of Greene’s telephones suggested a connection between him and the Magnolia Street Steelers.11 An administrative subpoena to Sprint/Nextel for records of calls made or received on the original Greene telephone revealed a substantial number of calls with individuals believed to be members of the Magnolia Street Steelers, for example: between May 19, 2008, and August 3, 2008, 182 calls were made to Erxin Crawford, 625 calls to Jason DePina, 619 calls to Elias Perea, 281 calls to Keón Santos, and 270 calls to Ricardo Yore.

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Bluebook (online)
28 Mass. L. Rptr. 143, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-miranda-masssuperct-2011.