United States v. Bethea

191 F. Supp. 3d 249, 2016 WL 3248305
CourtDistrict Court, E.D. New York
DecidedJune 8, 2016
Docket15-cr-417 (DLI)
StatusPublished
Cited by1 cases

This text of 191 F. Supp. 3d 249 (United States v. Bethea) is published on Counsel Stack Legal Research, covering District Court, E.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. Bethea, 191 F. Supp. 3d 249, 2016 WL 3248305 (E.D.N.Y. 2016).

Opinion

MEMORANDUM AND ORDER

DORA L. IRIZARRY, Chief Judge:

On June 27, 2015, NYPD1 Officers Mark Xylas and Ryan Gálvin, and NYPD Sergeant Erek Powers arrested Defendant for driving under the influence of alcohol. During the course of the arrest, the. officers discovered a quantity of marijuana and a loaded gun in the Vehicle Defendant was driving. On August 21, 2015, an Eastern District of New York grand jury returned a single count indictment charging Defendant with being a felon in possession of a firearm.2 Defendant moved to suppress the marijuana and the gun, as well as statements he made to the officers during his arrest, based on alleged violations of his constitutional rights. The government opposed. On January 27, 2016, Officers Xylas and Galvin testified at a suppression hearing regarding Defendant’s motion to suppress. At the suppression hearing continued on March 3, 2016, Officer Galvin concluded his testimony and Sergeant Powers testified.3

The Court makes the findings of fact set forth below from the officers’ hearing testimony. See Fed. R. Crim. P. 12(d) (“When factual issues are involved in deciding a [pretrial] motion, the court must state its essential findings on the record.”). As the Court finds this testimony to be detailed, credible, and reliable, and for the additional reasons discussed below, Defendant’s motion to suppress is denied in its entirety.

Background

1. Facts

On June 27, 2015, at approximately 1:15 a.m., the officers observed Defendant driving erratically at a high rate of speed through the Bedford Stuvyesant section of Brooklyn, New York. Suspecting Defendant was intoxicated, the officers initiated a traffic stop, and Defendant maneuvered the Vehicle to the side of the street. After all three officers approached the Vehicle, Officer Xylas requested Defendant’s pertinent documents and asked Defendant why he was driving erratically. Defendant responded that the Vehicle was a fast car. When asked whether he had consumed any alcohol, Defendant admitted that he had drunk a small amount. Officer Xylas noted that Defendant’s speech was slurred, his eyes were bloodshot, and his breath smelled of alcohol.

Officer Xylas asked Defendant to step out of the Vehicle and Defendant complied. Upon exiting the Vehicle, Defendant was unstable in a standing position. Officer Xy-las asked Defendant to walk toward the Vehicle’s rear bumper, which Defendant accomplished by leaning on the Vehicle to balance himself. As. Defendant walked toward the other two officers positioned near the rear of the Vehicle, Sergeant Powers [253]*253engaged Defendant in pleasantries such as, “How is your night going?” Mar. Tr. 50:13-22.4 At the same time, Officer Xylas walked around the front of the Vehicle from the driver side to the passenger side. The Vehicle’s convertible roof was retracted, offering Officer Xylas an unimpeded view into the inside of the Vehicle. Additionally, although it was dark outside at the time of the stop, Defendant had pulled over directly underneath a street light, and Officer Xylas used his flashlight to aid his view of the Vehicle’s interior. From outside the Vehicle’s passenger side, Officer Xylas saw a plastic container filled with marijuana inside an open backpack on the passenger side floorboard. At, roughly the same time that Officer Xylas discovered the marijuana, Defendant asked why Officer Xylas was searching his car and told" the officers not to search the Vehicle. Officer Xylas then announced his discovery of the marijuana to the other officers, at which time Defendant was placed in handcuffs by Officer Galvin and Sergeant Powers.

The officers arrested Defendant for operating a motor vehicle under the influence of alcohol or drugs, reckless driving, and possession of marijuana. After being handcuffed, Defendant, a man of large stature, went limp and otherwise resisted the officers’ attempts to place, him in the police vehicle. For this, Defendant was also charged with resisting arrest. Eventually, Defendant was placed in a police vehicle and transported to the 81st Precinct for processing.

Sergeant Powers drove the Vehicle to the 81st Precinct, where he observed Officer Xylas conduct an inventory search of the Vehicle. In the trunk, Officer Xylas found a.380 caliber Bersa pistol loaded with seven rounds of ammunition. The trunk also contained various personal effects that belonged to Defendant.

Officers Xylas and Galvin then transported Defendant from the 81st Precinct to the 78th Precinct for alcohol testing to determine Defendant’s level of intoxication, During the trip, Officer Xylas stated to Defendant, in sum and substance, that he should not have resisted arrest because doing so made the situation more difficult than necessary. Defendant then stated to the officers that he was a probation officer. Defendant made other statements during the trip from the 81st Precinct to the 78th Precinct, many of which were inculpatory. At no time during or before this trip was Defendant given Miranda warnings.

After arriving at the 78th Precinct, Defendant was given a breathalyzer examination, the results of which showed a blood alcohol content of .075%. The breathalyzer was administered at approximately 3:40 a.m., two hours and twenty-five minutes after the officers initially stopped Defendant. Once the test was complete, Officer Xylas advised Defendant of his Miranda rights, which Defendant invoked.

Officers Xylas and Galvin -then transported Defendant back to. the 81st Precinct, and placed him in a cell in .the prisoner holding area. As Officer Xylas was processing Defendant’s paperwork, Defendant engaged Officer Xylas in conversation. Officer Xylas testified as follows concerning this exchange:

[Officer Xylasj: [Defendant] made a statement to me, to which I responded.
[AUSA Jacobs]: What did [Defendant] say?
[254]*254[Officer Xylas]: He stated that he knows that something’s up, that this is taking too long, in sum and substance.
[AUSA Jacobs]: Now, did you answer this question?
[Officer Xylas]: Yes, I did.... I told him that we had found a gun in his car....
[Defendant] responded that it wasn’t his car [and] I responded that it was found in a bag containing his personal property.
[AUSA Jacobs]: And did [Defendant] say anything in response?
[Officer Xylas]: Yes, that it was—that would be his word versus mine.
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[AUSA Jacobs]: Now, prior to [Defendant’s] initial statement that something must be up, had you said anything to him?
[Officer Xylas]: No.
[AUSA Jacobs]: Did you have any other interactions with [Defendant] that morning?
[Officer Xylas]: Yes.
[AUSA Jacobs]: Can you describe those[?]
[Officer Xylas]: Sure. A short time later, I had left the cell area after that conversation[.] [W]hen I came back, he said, “Why do you "have to do me like that? Why do you have to say it was in my bag?”

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199 F. Supp. 3d 728 (S.D. New York, 2016)

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Bluebook (online)
191 F. Supp. 3d 249, 2016 WL 3248305, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-bethea-nyed-2016.