Genaro Guzmen Vazquez v. Commonwealth of Virginia

CourtCourt of Appeals of Virginia
DecidedFebruary 14, 2023
Docket0356223
StatusUnpublished

This text of Genaro Guzmen Vazquez v. Commonwealth of Virginia (Genaro Guzmen Vazquez v. Commonwealth of Virginia) is published on Counsel Stack Legal Research, covering Court of Appeals of Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Genaro Guzmen Vazquez v. Commonwealth of Virginia, (Va. Ct. App. 2023).

Opinion

COURT OF APPEALS OF VIRGINIA UNPUBLISHED

Present: Judges Malveaux, Ortiz and Causey Argued at Lexington, Virginia

GENARO GUZMEN VAZQUEZ MEMORANDUM OPINION* BY v. Record No. 0356-22-3 JUDGE DANIEL E. ORTIZ FEBRUARY 14, 2023 COMMONWEALTH OF VIRGINIA

FROM THE CIRCUIT COURT OF HENRY COUNTY David V. Williams, Judge

Samantha Offutt Thames, Senior Assistant Public Defender (Virginia Indigent Defense Commission, on briefs), for appellant.

John Beamer, Assistant Attorney General (Jason S. Miyares, Attorney General, on brief), for appellee.

Following a bench trial, the Circuit Court of Henry County convicted Genaro Guzmen

Vazquez of possession of methamphetamine with intent to distribute, possession of marijuana with

intent to distribute, and possession of cocaine. Guzmen1 assigned error on five grounds: that the

evidence was insufficient with respect to all three counts, that the trial court erred in denying his

motion to suppress, and that the trial court erred in admitting the April 10, 2019 video2 into

evidence. The evidence sufficiently supported Guzmen’s convictions, and the court did not abuse

its discretion in denying his motion to suppress nor in admitting the video. Even if the use of GPS

* Pursuant to Code § 17.1-413, this opinion is not designated for publication. 1 Genaro Guzmen Vazquez goes by the last name Guzmen, and this opinion will refer to him as such. 2 VID-20190409-WA0349. monitoring and the light sensor were searches, the evidence seized would be admissible under the

inevitable discovery doctrine. We affirm.

BACKGROUND

On April 10, 2019, Virginia State Police Special Agent F.H. Figgers of the Counter

Terrorism Drug Interdiction Task Force was on duty at a FedEx facility near Danville, Virginia.

Figgers was monitoring packages at the facility to identify suspicious parcels that, in his

experience, might contain narcotics or other illicit substances. Figgers identified a suspicious

package (“Guzmen package”) and placed it in a lineup with four similarly sized control boxes for

a narcotic canine sniff. Virginia State Trooper G.W. Clifton and his canine, Cane, conducted a

sniff on the package lineup, and Cane alerted on the Guzmen package. The package was

addressed to Yanet Guzmen at 39 Grand Summit Circle, Collinsville, Virginia and had a FedEx

tracking number of 786545116841.

Figgers obtained a search warrant to open the Guzmen package. The package was

opened pursuant to the warrant. It contained ten vacuum-sealed bags of marijuana, each

weighing approximately one pound, for a total of ten pounds of marijuana. Testing by the

Department of Forensic Science positively identified the contents as marijuana. The box and its

contents were admitted into evidence at trial, along with the certificate of analysis.

Virginia State Police Special Agent D.R. Lambert obtained a search warrant for the listed

address, and law enforcement planned an undercover delivery of the package. The parcel was

repackaged with a GPS tracker inside the box. The use of a GPS tracker and light sensor was not

authorized under the search warrant. The tracker was equipped with a light sensor, which alerted

when the package was opened. This allowed law enforcement to time their entry into the home.

Special Agent E.A. Fisher dressed as a FedEx delivery person and delivered the repackaged

parcel to 39 Grand Summit Circle. No one answered Fisher’s knock on the door, but he testified

-2- to hearing movement inside the home. Fisher placed the package on the front porch and returned

to the van, leaving the area.

At 2:00 p.m. that same day, the light sensor alerted law enforcement, and Lambert

advised the TAC Team to execute the search warrant for 39 Grand Summit Circle. Guzmen was

the only person present in the house when it was searched. The FedEx box was found in a

bedroom, later designated “bedroom one.” Several items were found in the same bedroom,

including: a notebook that appeared to be a ledger for drug sales, a plastic bag with a white

powdery substance, later identified as cocaine, two Mexican IDs bearing Guzmen’s name, $203

in cash, a knife, and a black bag. The black bag contained ten thousand dollars and various car

titles in Guzmen’s name. Officers also found a cell phone. During the search, the officers slid a

living room sofa away from the wall and noticed the back flap of the furniture had been torn. In

the hole, officers found multiple baggies of a substance, later confirmed to be methamphetamine,

hidden in the sofa.

Upon a later search of the cell phone, law enforcement extracted self-taken photographs

of Guzmen, a photograph sent through WhatsApp3 of the Guzmen package’s FedEx receipt and

tracking number, and a video dated April 10, 2019. The video was taken by an unidentified

male, showing what appears to be a bedroom at 39 Grand Summit Circle. The video also shows

two Tupperware containers and two Ziplock bags of methamphetamine, similar to those found in

the sofa.

On January 7, 2020, Guzmen moved to suppress the evidence, arguing that it was

gathered in violation of his Fourth Amendment rights due to the GPS tracker and light sensor.

The trial court found that the search was a “perfectly valid search” and denied the motion.

3 WhatsApp is an international instant messaging application that allows users to send text and voice messages, make voice and video calls, and share images, videos, documents, user locations, and other content. -3- Guzmen filed a motion in limine to exclude the April 10, 2019 video found on the cell

phone. The trial court elected to rule on the motion in limine when the Commonwealth

attempted to introduce the video. When the Commonwealth’s attorney moved to introduce the

video at trial, Guzmen renewed his objection. The court then overruled Guzmen’s objection and

permitted the video to be entered into evidence. At the conclusion of the Commonwealth’s

evidence at trial, Guzmen moved to strike all three charges, arguing that the evidence was

insufficient to demonstrate he possessed the narcotics found. The court denied his motion. This

appeal followed.

ANALYSIS

I. The trial court did not err in denying Guzmen’s motion to suppress because it was admissible under the doctrine of inevitable discovery.

Guzmen argued that the trial court erred in denying his motion to suppress because the

evidence from 39 Grand Summit Circle was seized in violation of the Fourth Amendment. He

contends that the use of a GPS device equipped with a light sensor in the Guzmen package was

an unconstitutional search under the Fourth Amendment and that any evidence gained from the

search of 39 Grand Summit Circle should be suppressed under the exclusionary rule.

“A defendant’s claim that evidence was seized in violation of the Fourth Amendment

presents a mixed question of law and fact that [this Court] review[s] de novo on appeal.”

McCain v. Commonwealth, 275 Va. 546, 551 (2008). “In making such a determination, [this

Court] give[s] deference to the factual findings of the circuit court, but [it] independently

determine[s] whether the manner in which the evidence was obtained meets the requirements of

the Fourth Amendment.” Id. at 552. “The defendant has the burden to show that, considering

the evidence in the light most favorable to the Commonwealth, the trial court’s denial of his

suppression motion was reversible error.” Id.

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