United States v. Campbell

342 F. Supp. 3d 375
CourtDistrict Court, W.D. New York
DecidedNovember 30, 2018
Docket6:06-CR-06105 EAW
StatusPublished
Cited by1 cases

This text of 342 F. Supp. 3d 375 (United States v. Campbell) is published on Counsel Stack Legal Research, covering District Court, W.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. Campbell, 342 F. Supp. 3d 375 (W.D.N.Y. 2018).

Opinion

ELIZABETH A. WOLFORD, United States District Judge

I. INTRODUCTION

Defendant Calvin Campbell ("Defendant"), convicted of a felony drug crime in 2007, faces charges that he violated the terms and conditions of supervised release by possessing and trafficking in illegal narcotics. On August 2, 2018, New York State Troopers stopped Defendant driving a black Toyota Venza with illegally tinted windows. Ultimately, Defendant's supervising probation officer arrived at the scene, and the Venza was searched, resulting in the discovery of heroin, cocaine, and marijuana packaged for distribution. Defendant does not challenge the underlying facts related to the discovered narcotics; rather, he contends the search and seizure violated his Fourth Amendment rights. Because the exclusionary rule does not apply to a supervised release proceeding, and because even if it did Defendant's Fourth Amendment rights were not violated, the Court finds Defendant guilty as charged of violating the terms and conditions of supervised release.

II. PROCEDURAL AND FACTUAL BACKGROUND

Convicted by a plea in 2007 for distributing five grams or more of cocaine base in violation of 21 U.S.C. §§ 841(a)(1), 841(b)(1)(B) and 851, Defendant was sentenced by United States District Judge David G. Larimer on February 13, 2008, to 90 months in the Bureau of Prisons to be followed by eight years of supervised release.

*379(Dkt. 45). After Defendant served his prison sentence, on March 27, 2015, a petition was filed alleging that Defendant violated certain terms and conditions of supervised release. (Dkt. 65). Judge Larimer transferred the case to the undersigned. (Dkt. 66).

On December 1, 2015, Defendant pleaded guilty to violating Condition 1 of the Third Amended Petition, and the Court revoked Defendant's supervised release and sentenced him to 12 months in the custody of the Bureau of Prisons to be followed by 51 months of supervised release. (Dkt. 90). Among the conditions of supervised release imposed pursuant to the Court's Judgment was the mandatory condition that Defendant "shall not commit another federal, state or local crime." (Id. at 3). In addition, the Court imposed the following special condition: "The defendant shall submit to a search of his/her person, property, vehicle, place of residence or any other property under his control, based upon reasonable suspicion, and permit confiscation of any evidence or contraband discovered." (Id. at 4).

Defendant commenced his 51-month supervised release term on November 4, 2016. (See Dkt. 91 at 1). Less than two years into that term, on August 3, 2018, a Petition was filed alleging that Defendant violated the terms and conditions of supervised release as follows:

Violation Nature of Noncompliance Number 1/Mandatory The defendant shall not commit another federal, state or local crime. Condition Details: On August 2, 2018, Mr. Campbell was pulled over by New York State Troopers in the City of Rochester for traffic violations. He was the sole occupant of the vehicle. In plain view, our office observed three (3) cell phones. During the course of speaking with Mr. Campbell he became agitated and not listening to the Troopers['] commands. As such, they placed him in handcuffs for officer safety reasons. Our office then conducted a search of the vehicle and we located a quantity of heroin, cocaine and marijuana, all packaged for sale. New York State Police arrested the defendant and charged him with two (2) counts of violating NYS Penal Law 220.16, Sub 1 - Criminal Possession Controlled Substances 3rd (Class B felony) and Unlawful Possession of Marijuana (viol.). 2/Mandatory The defendant shall not commit another federal, state or local crime. Condition Details: As noted in Violation Number One (1) of this petition, Mr. Campbell was in possession of heroin, cocaine and marijuana. This is in violation of Title 21, U.S.C., Section 844 - Simple Possession of a Controlled Substance. 3/Mandatory The defendant shall not commit another federal, state or local crime. Condition Details: As noted in Violation Number One (1) of this petition, Mr. Campbell was in possession of heroin, cocaine and marijuana. This is in violation of Title 21, U.S.C., Section 841(a)(1) - Possession with Intent to Distribute a Controlled Substance.

*380(Id. at 1-2).

Defendant's initial appearance occurred on August 8, 2018, at which time he pleaded not guilty to the charges in the Petition. (Dkt. 92). A revocation hearing was held before the undersigned on October 31, 2018. (Dkt. 98). The Government called two witnesses to testify at the hearing: New York State Trooper Peter Ferguson and United States Probation Officer Jeremy Bedette. In addition, the Government introduced six exhibits into evidence as follows:

Government Exhibit 1 Judgment entered December 3, 2015 Government Exhibit 2 ATLAS email to Officer Bedette dated 8/2/18 Government Exhibit 3 Phone records of Officer Bedette from 8/2/18 Government Exhibit 4 Evidence Record Government Exhibit 5 Monroe Co. Crime Lab Evidence Intake Form Government Exhibit 6 Monroe Co. Crime Lab Report

Defendant did not call any witnesses, but he cross-examined Trooper Ferguson and Officer Bedette, and he introduced into evidence an eJusticeNY report that was designated as Defendant's Exhibit A.

On November 14, 2018, the Government and Defendant simultaneously submitted post-hearing memoranda. (Dkt. 99 (Gov't); Dkt. 100 (Defense) ).

III. REVOCATION HEARING TESTIMONY 1

A. Testimony of Trooper Ferguson

Trooper Ferguson has been employed by the New York State Police since March 2015. On August 2, 2018, he was driving a marked patrol vehicle in the City of Rochester, working with Trooper Cody Tropey. At approximately 1:30 PM, he conducted a traffic stop on Norton Avenue in the City of Rochester, because the windows of a black Toyota Venza appeared to have less than 70% transparency in violation of New York Vehicle and Traffic Law.2 Trooper Ferguson approached the driver's side of the Venza and Trooper Tropey approached the passenger's side. Before Trooper Ferguson reached the Venza, Defendant was holding his license out of the driver's side window that had been rolled down about halfway. Defendant was the sole occupant. Trooper Ferguson began to explain to Defendant the reason he had been pulled over (for the alleged illegal tint), and Defendant responded that he should just go write the ticket so that he could get on with his day. Trooper Ferguson did not observe any drugs or anything else that he viewed as suspicious during his initial interaction with Defendant.

*381Trooper Ferguson returned to his police vehicle to run a license and registration check.

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Cite This Page — Counsel Stack

Bluebook (online)
342 F. Supp. 3d 375, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-campbell-nywd-2018.