United States v. Agbodjan

871 F. Supp. 2d 95, 2012 WL 2552140
CourtDistrict Court, N.D. New York
DecidedJuly 2, 2012
DocketNo. 5:11-CR-145
StatusPublished
Cited by1 cases

This text of 871 F. Supp. 2d 95 (United States v. Agbodjan) is published on Counsel Stack Legal Research, covering District Court, N.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Agbodjan, 871 F. Supp. 2d 95, 2012 WL 2552140 (N.D.N.Y. 2012).

Opinion

MEMORANDUM-DECISION and ORDER

DAVID N. HURD, District Judge.

I. INTRODUCTION

On May 25, 2011, the grand jury returned a four-count superseding indictment charging the defendant, Edmund Agbodjan (“Agbodjan”), with one count of fraud, two counts of aggravated identity theft, and one count of possession of access devices. On May 2, 2012, Agbodjan filed a motion for omnibus relief seeking the suppression of evidence seized from the motel room where he was arrested as well as other relief. The United States of America (“the Government”) opposes.

Oral argument was heard on June 22, 2012, in Utica, New York. Decision was reserved.

II. FACTUAL BACKGROUND

In early February of 2011, Special Agent John Szydlik (“Agent Szydlik”) of the United States Secret Service learned of unusual shipping activity from an address in Syracuse. A source with the United Parcel Service advised that, within a one-month period, seventy-two shipments had been delivered to the Syracuse address, and nineteen shipments had been sent from there to Canada. Agent Szydlik tracked down two victims who revealed that their credit card accounts had been compromised. Purchases using their credit card accounts had been shipped to the Syracuse address. Because of his experience with the Electronic Crimes Task Force,1 he suspected the existence of a “reshipping scam,” whereby a scammer uses stolen credit card information to purchase goods over the internet and ships [99]*99these goods to an intermediary to forward on to another location.

Agent Szydlik learned that the resident at the Syracuse address was a woman named Tempest Saldivar (“Ms. Saldivar”). Through his experience, he knew that reshipping scammers often use online dating services to meet women to facilitate the shipments. He interviewed Ms. Saldivar at her home and learned that “Ed Mund,” a man she had met through an online dating site and considered her boyfriend, had been shipping packages to her address. He sent her shipping receipts, which she printed and affixed to the packages to re-ship to him in Canada.

Ms. Saldivar consented to a search of her apartment. Agent Szydlik discovered numerous items there, including packages, shipping labels, and a shipping invoice for a single Rimowa suitcase. She also showed him photographs of Ed Mund on Face-book. A later search of her email and chat messages revealed details of the scam, including Ms. Saldivar’s romantic attachment to Ed Mund and his reassurances that the activity was legal.

On February 24, 2011, Ms. Saldivar contacted the Electronic Crimes Task Force and left a message stating that Ed Mund had made an unannounced visit to her. The next morning Agent Szydlik contacted her and learned that Ed Mund had arrived in Syracuse unexpectedly and was staying in room 111 of the Motel 6 located at 6577 Baptist Way, East Syracuse, until 11:00 a.m. After that, he reportedly planned to go the airport and fly to California.

Agent Szydlik, with members of the DeWitt Police Department, headed to the Motel 6. En route he contacted Ms. Saldivar, who advised that Ed Mund claimed to have firearms and a bomb. The officers arrived at the motel, where the front desk clerk advised that an individual matching Ed Mund’s description had just come to the desk with another male to extend their stay in room 111 by one night. To create separation between Ed Mund and any weapons he might have, Agent Szydlik convinced the desk clerk to call his room and ask him to come downstairs for a refund. Agent Szydlik and the police officers then went to the hallway outside Ed Mund’s room. When Agbodjan opened the door, Agent Szydlik identified him as the man from the photos Ms. Saldivar had shown him. Officers commanded him to keep his hands visible and to get on the ground. He did not comply and began backing into the motel room. A struggle ensued, and the defendant was restrained in the hallway. Agbodjan admits he opened his motel room door but asserts that he was placed under arrest before exiting the room. There was no arrest warrant.

Once Agbodjan was restrained, Agent Szydlik entered the room and joined the officers in performing a “protective sweep.” Without a search warrant, he seized a laptop computer, Blackberry, iPhone, camera, clothing, and a suitcase. Twelve days later United States Magistrate Judge George Lowe issued a search warrant for the electronic items.

III. DISCUSSION

In his omnibus motion, the defendant asserts that the seizure of his person and property violated the Fourth Amendment. The defendant seeks the suppression of the evidence seized and other relief.

A. Lawfulness of the Arrest and Protective Sweep

At issue is whether the arrest of the defendant without a warrant in the threshold of his motel room, and the protective sweep that followed, were lawful.

Lacking a warrant, law enforcement officers need probable cause to arrest a suspect. United States v. Valen[100]*100tine, 539 F.3d 88, 93 (2d Cir.2008). “[P]robable cause for arrest ‘exists where the facts and circumstances within their [the officers’] knowledge and of which they had reasonably trustworthy information [are] sufficient in themselves to warrant a man of reasonable caution in the belief that an offense has been or is being committed.’ ” United States v. Cruz, 834 F.2d 47, 50 (2d Cir.1987) (quoting Brinegar v. United States, 338 U.S. 160, 175-76, 69 S.Ct. 1302, 1310-11, 93 L.Ed. 1879 (1949)).

The Fourth Amendment prevents law enforcement from entering a house to effect a warrantless arrest. Payton v. New York, 445 U.S. 573, 590, 100 S.Ct. 1371, 1382, 63 L.Ed.2d 639 (1980). This applies to hotel rooms. Hoffa v. United States, 385 U.S. 293, 301, 87 S.Ct. 408, 413, 17 L.Ed.2d 374 (1966). However, arrests made in open doorways are legal. See, e.g., United States v. Santana, 421 U.S. 38, 42, 96 S.Ct. 2406, 2409, 49 L.Ed.2d 300 (1976); United States v. Gori, 230 F.3d 44, 53 (2d Cir.2000). “[A] suspect exposed to public view through an open doorway, even at home, cannot claim a protected privacy interest that triggers the warrant requirement....” Gori, 230 F.3d at 52. An attempt to retreat into the house does not render the arrest illegal. Santana, 427 U.S. at 42, 96 S.Ct. at 2409.

Following a lawful arrest, police may conduct a protective sweep of the area if they believe accomplices are present. United States v. Ingram, 164 F.Supp.2d 310, 314 (N.D.N.Y.2001) (Kahn, J.), aff'd, United States v. Gayle, 74 Fed.Appx. 96 (2d Cir.2003).

Agent Szydlik and the other officers had sufficient trustworthy information to believe that Agbodjan had committed crimes, including confirmation that stolen credit card information had been used to purchase and ship merchandise, information and emails provided by Ms.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

United States v. Delva
13 F. Supp. 3d 269 (S.D. New York, 2014)

Cite This Page — Counsel Stack

Bluebook (online)
871 F. Supp. 2d 95, 2012 WL 2552140, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-agbodjan-nynd-2012.