People v. Cannergeiter

65 V.I. 114, 2016 V.I. LEXIS 148
CourtSuperior Court of The Virgin Islands
DecidedSeptember 29, 2016
DocketCase No. SX-15-CR-400
StatusPublished
Cited by2 cases

This text of 65 V.I. 114 (People v. Cannergeiter) is published on Counsel Stack Legal Research, covering Superior Court of The Virgin Islands primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Cannergeiter, 65 V.I. 114, 2016 V.I. LEXIS 148 (visuper 2016).

Opinion

MOLLOY, Judge

MEMORANDUM OPINION

(September 29, 2016)

THIS MATTER comes before the Court on Defendant Victor Cannergeiter’s Motion to Suppress, filed on April 8, 2016. The Court held a suppression hearing on June 10, 2016. For the reasons stated below, the Court will grant the Defendant’s motion and will suppress the evidence seized by law enforcement as a result of the traffic stop that occurred on December 30, 2015.

I. FACTUAL AND PROCEDURAL BACKGROUND

In the early morning hours of December 30, 2015, at approximately 12:50 a.m., officers of the Virgin Islands Police Department (“VIPD”) were conducting a crime-reduction initiative called Operation Build Back in the area of Frederiksted, St. Croix. While conducting this operation, officers stopped a red pickup truck driven by an individual later identified [119]*119to be Victor Cannergeiter (“Cannergeiter”). In addition to Cannergeiter, there was one individual sitting in the front passenger seat and two individuals sitting in the rear bed of the truck. VIPD Officers Alinthia Carbon, Navarro,1 and Jason Viveros (a member of the K-9 division accompanied by his narcotics dog), were present during the encounter with Cannergeiter.

Officer Carbon proffered the following testimony as to the encounter:

Officer Carbon: On that night, we — were lying down from the side of the road, and I heard one of the officers said, stop that truck, stop that red truck. And one of the officers stopped the truck, and at that time myself and my partner, Officer Navarro, we approached the vehicle while he was making the stop. And the truck stopped. The individual was asked if he was smoking, because at the initial stop, hey stop that truck, I smelled marijuana.
The People: Now, which officer was it that initially smelled . ..
Officer Carbon: That would be Officer Jules.
The People: Okay. Okay. So you said Officer Jules said, stop that truck.
Officer Carbon: Stop that truck.
The People: I smell marijuana.
Officer Carbon: Yes. So the truck was stopped. The driver was asked to present his driver’s license, registration, proof of insurance. He complied. Officer Navarro asked the individual if he was smoking marijuana, and he said yes.

Id. at 8:15-25; 9:1-10.

Both Officer Carbon and Officer Viveros testified at the hearing that they smelled an odor of marijuana coming from Cannergeiter’s vehicle after the vehicle was stopped. Officer Carbon testified that at this point she observed Cannergeiter sweating from his forehead, believed him to be nervous, and asked him to step out of the vehicle for officer safety reasons. The officers then asked Cannergeiter if he had any more drugs in the vehicle, at which time he pointed to the passenger floor area of the vehicle. The officers then asked Cannergeiter for permission to search his vehicle, at which time Cannergeiter responded: “I don’t really like people [120]*120in my car.” Officer Viveros then informed Cannergeiter that if all he had was a little marijuana, “it’s no big deal.” Officer Viveros then proceeded to advise Cannergeiter that his narcotics dog specializes in detecting heroin, marijuana, and cocaine; that the dog will walk around the vehicle and sit if drugs are detected; and if drugs are detected, they will seize the vehicle and obtain a warrant to search the vehicle. Officer Viveros testified that Cannergeiter then responded “Go ahead.” The officers then searched the vehicle and discovered several plastic containers that contained approximately 140 grams of marijuana along with a firearm that contained ammunition. Officer Carbon testified that Cannergeiter admitted the firearm belonged to him and that he did not have a license to possess the firearm. The officers then placed Cannergeiter under arrest.

Cannergeiter offered a slightly different version of what transpired. Cannergeiter testified at the suppression hearing that after his vehicle was stopped, four officers approached within three to four feet of the vehicle. Cannergeiter also testified that he admitted to the officers he had smoked marijuana earlier that evening, but denied giving the officers consent to search his vehicle. Cannergeiter testified that he informed the officers multiple times that “I don’t like people searching my car.” Cannergeiter further testified that, upon further requests from officers for consent, he said, “No, you cannot search my car.” Cannergeiter stated that he continued to refuse giving consent even after Officer Viveros told him of the procedure pertaining to the narcotics dog and the securing of a warrant. Cannergeiter testified that he did point to something in the vehicle when asked if he had any more marijuana, but stated that one officer told him he should not be concerned if he was in possession of marijuana because officers would only seize the substance and let him go.

On January 19, 2016, the People filed an Information charging Cannergeiter with the following criminal offenses: (1) unauthorized possession of a firearm in violation of 14 V.I.C. § 2253(a); (2) unauthorized possession of ammunition in violation of 14 V.I.C. § 2256(a); (3) failure to report a firearm obtained outside or brought into the Virgin Islands in violation of 23 V.I.C. § 470(a); and (4) possession of a controlled substance with intent to distribute in violation of 19 V.I.C. § 604(a)(1). Cannergeiter requests that the Court suppress the evidence retrieved from the car as fruit of an unlawful seizure.

[121]*121II. LEGAL STANDARD

Searches and seizures by law enforcement officers implicate the Fourth Amendment to the United States Constitution. This constitutional provision prohibits “unreasonable searches and seizures” by government agents. U.S. CONST, amend. IV. Generally, for a seizure to be reasonable under the Fourth Amendment, it must be executed pursuant to a warrant based on probable cause. See Katz v. United States, 389 U.S. 347, 356-57, 88 S. Ct. 507, 19 L. Ed. 2d 576 (1967). Warrantless searches, therefore, are per se unreasonable under the Fourth Amendment subject to a few specifically delineated exceptions. Mincey v. Arizona, 437 U.S. 385, 390, 98 S. Ct. 2408, 57 L. Ed. 2d 290 (1978); see also Horton v. California, 496 U.S. 128, 133, 110 S. Ct. 2301, 110 L. Ed. 2d 112 (1992) (opining that the general rule is that warrantless searches are presumptively unreasonable).

Once a defendant demonstrates that a search or seizure was unreasonable, i.e., conducted without a warrant, the Government bears the burden of demonstrating that the search or seizure complied with the Fourth Amendment. United States v. Johnson, 63 F.3d 242, 245 (3d Cir. 1995). If the People fail to satisfy this burden, the Court must suppress the evidence and exclude its admission from trial under the “fruit of the poisonous tree” doctrine. Wong Sun v. United States, 371 U.S. 471, 488, 83 S. Ct.

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Cite This Page — Counsel Stack

Bluebook (online)
65 V.I. 114, 2016 V.I. LEXIS 148, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-cannergeiter-visuper-2016.