United States v. Burton

193 F.R.D. 232, 2000 U.S. Dist. LEXIS 2066, 2000 WL 234693
CourtDistrict Court, E.D. Pennsylvania
DecidedFebruary 25, 2000
DocketNo. 99-109
StatusPublished
Cited by4 cases

This text of 193 F.R.D. 232 (United States v. Burton) is published on Counsel Stack Legal Research, covering District Court, E.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Burton, 193 F.R.D. 232, 2000 U.S. Dist. LEXIS 2066, 2000 WL 234693 (E.D. Pa. 2000).

Opinion

MEMORANDUM & ORDER

DUBOIS, District Judge.

ORDER

AND NOW, to wit, this 25th day of February, 2000, upon consideration of Motion to Suppress Physical Evidence of Defendant Marco Burton (Document No. 20, filed May 13, 1999), Government’s Response to Defendant’s Motion to Suppress (Document No. 22, filed, June 30,1999), Motion of Defendant Maurice Smith to Join in the Motion to Suppress of Co-Defendant, Marco Burton (Document No. 32, filed July 15, 1999), Supplemental Memorandum of Law in Support of Defendant Marco Burton’s Motion to Suppress Physical Evidence (Document No. 53, filed September 21,1999), and Motion of Defendant Maurice Smith to Join in the Supplemental Memorandum of Law in Support of Motion to Suppress of Co-Defendant, Marco Burton (Document No. 54, filed September 24, 1999), and following a Hearing and Oral Argument on February 11, 2000, for the reasons stated in the attached Memorandum, it is ORDERED that Motion of Defendant Marco Burton, joined by Defendant Maurice Smith, to Suppress Physical Evidence is DENIED.

MEMORANDUM

Presently before the Court is the motion of defendant Marco Burton (“Burton”) to suppress physical evidence, joined by defendant Maurice Smith (“Smith” and, together with Burton, “defendants”). The defendants seek to suppress the evidence seized pursuant to two search warrants, one for a black Nissan Maxima (“Maxima”), and one for Burton’s home, located at 2543 North Garnet Street, Philadelphia, Pennsylvania (“2543 Garnet”). For the reasons that follow, the Court denies the motion.

I. BACKGROUND

On January 26, 1999, agents of the United States Drug Enforcement Agency (“DEA”) Task Force (the “Task Force”) had under surveillance the 2800 block of North Darien Street in Philadelphia — a block on which DEA agents suspected drug activity to be occurring. As part of this surveillance operation, the Task Force agents assigned a Confidential Source (“CS”) to purchase an ounce of cocaine and an ounce of heroin from a suspected drug dealer, Mel Santiago (“Santiago”). The CS was sent to the 2800 block of North Darien Street wearing a microphone through which the Task Force agents could hear the CS’ conversations.

When the CS arrived at the 2800 block of North Darien Street, he was told that Santiago was in one of the houses, 2851 North Darien Street (“2851 Darien”), concluding a large drug transaction. The CS was told that he could not meet with Santiago until Santiago concluded the transaction. After waiting for some time, the CS attempted to enter 2851 Darien to see Santiago. He was prevented from doing so, and had to shout to tell Santiago that he was there. Santiago told the CS to wait outside. While the CS was waiting, he spoke to one of Santiago’s associates, who told the CS that Santiago was concluding a “five brick” deal. The Task Force agents listening to this conversation understood that to mean a one kilogram transaction.

At approximately 4:15 PM, a man later identified as Burton left 2851 Garnet Street carrying an opaque bag. He placed the bag in the trunk of the Maxima and drove away. The Task Force agents followed Burton, and radioed for assistance from the Philadelphia Police Department. Burton drove the Maxi-ma to the 2500 block of North Garnet Street in Philadelphia, where he parked it. At approximately 4:30 PM, as Burton exited the Maxima and began to walk down the street, he was stopped by Dennis Bauer (“Officer Bauer”), a Philadelphia Police Officer assigned to the Highway Patrol.1 Officer Bauer exited his car, drew his weapon, and [236]*236told Burton to stop. Officer Bauer testified that Burton continued to walk, and put his hand into his jacket, as though he had a gun. At that point, Officer Bauer again told Burton to stop. At about the same time, other police and Task Force agents arrived on the scene. Burton then complied with the order to stop, turning around and raising his hands.

Officer Bauer frisked Burton, and found no weapons. The officers at the scene then asked Burton where he lived, and he gave them a variety of addresses. Eventually, Burton told them he was going to 2543 Garnet Street, where he lived with his grandmother. Officer Bauer then handcuffed Burton and placed him in a police car. The officers on the scene then called for a drug-sniffing dog to inspect the Maxima.

At or about this time, Officer Bauer testified that he observed a man later identified as Maurice Smith peeking out of a second floor window of 2543 Garnet. Officer Bauer testified that the way Smith was looking at them “just didn’t feel right,” so Officer Bauer called Smith’s presence to the attention of other officers. As a result, two of the Task Force agents on the scene, Special Agent Richard Reck (“Agent Reck”) and his partner, Special Agent Jim Corbett (“Agent Corbett”), went to 2543 Garnet to speak with Smith.

Agent Reck testified that he and Agent Corbett went to 2543 Garnet, and ordered whomever was inside to come outside. According to Agent Reek, it took an unusually long time before Smith came to the door. Agent Reck and Agent Corbett spoke with Smith for approximately 15 minutes on the stoop of 2543 Garnet. During this time, Agent Reck asked Smith if Smith lived at 2543 Garnet. In response, Smith told the agents that he stayed at 2543 Garnet, and later in the conversation told them that he stayed at 2543 Garnet “sometimes.” Smith also informed the agents that the house was “Marco’s house,” pointing to Burton, and that Smith lived around the corner. During the course of the conversation, Smith repeatedly asked if he could go inside to get his jacket, but the agents told him he should stay there and answer their questions.

Towards the end of the conversation, the two agents were joined by Group Supervisor Marty Kaplan (“GS Kaplan”), the supervisory agent on the scene. Agent Reck testified that GS Kaplan had been an intermittent participant in the agents’ questioning of Smith, but Agent Reck could not recall which portions of the questioning GS Kaplan heard. GS Kaplan asked Smith if anyone else was in the house, and Smith said no. GS Kaplan then asked Smith if the agents could enter 2543 Garnet to see if anyone else was inside the house. Smith gave GS Kaplan permission to enter the house, and the agents did so.

Once inside the house, the agents conducted a protective sweep to determine if anyone else was in the house (the “protective sweep”), and found no one. However, the agents did find, in plain view, drug paraphernalia, including a scale, a plate, and a razor blade, all covered in a white powdery residue. Agent Reck testified that he believed, based on his experience, that this white powder was cocaine. All of these items were found in the front bedroom of 2543 Garnet, the room from which the officers observed Smith watching them.

Around 5:45 PM, Anthony Ragin (“Officer Ragin”), a Philadelphia Police Officer assigned to the K-9 unit, arrived with his dog, JT. Officer Ragin testified that JT, a trained drug-sniffing dog, sniffed the Maxima, and alerted to the trunk, indicating that there were drugs in the trunk of the Maxima.

Based on all of this information, the DEA sought, and received, two search warrants, one for 2543 Garnet and one for the Maxima. The applications for both search warrants relied upon identical affidavits.

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

Related

United States v. Weeks
666 F. Supp. 2d 1354 (N.D. Georgia, 2009)
United States v. Miranda-Freytes
50 V.I. 397 (Virgin Islands, 2008)
United States v. Marco Burton
288 F.3d 91 (Third Circuit, 2002)
United States v. McCray
148 F. Supp. 2d 379 (D. Delaware, 2001)

Cite This Page — Counsel Stack

Bluebook (online)
193 F.R.D. 232, 2000 U.S. Dist. LEXIS 2066, 2000 WL 234693, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-burton-paed-2000.