United States v. Carlos Beltran

752 F.3d 671, 2014 WL 1924849, 2014 U.S. App. LEXIS 9168
CourtCourt of Appeals for the Seventh Circuit
DecidedMay 15, 2014
Docket12-2990
StatusPublished
Cited by3 cases

This text of 752 F.3d 671 (United States v. Carlos Beltran) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Carlos Beltran, 752 F.3d 671, 2014 WL 1924849, 2014 U.S. App. LEXIS 9168 (7th Cir. 2014).

Opinion

ROVNER, Circuit Judge.

A jury convicted Carlos Beltran of both possessing and conspiring to possess, with the intent to distribute, 500 grams or more of cocaine and one kilogram or more of heroin. See 26 U.S.C. §§ 841(a)(1), 846. The district court ordered him to serve a term of 168 months in prison. Beltran appeals, contending that the district court erred in denying his motion to suppress the evidence — including large quantities of cocaine and heroin, and various items associated with narcotics trafficking- — seized from his residence on the day of his arrest. We affirm.

I.

Our summary of the facts is based largely on the district court’s findings below. We have, in a few instances, supplemented those findings with additional relevant details disclosed by the testimony presented at the suppression hearing.

Beltran owned a two-flat residence in Berwyn, Illinois. At approximately 2:30 p.m. on May 13, 2008, seven members of a *673 federal Drug Enforcement Administration (“DEA”) task force, comprised of both federal agents and local police officers, arrived at Beltran’s residence to interview him. There was no response when they rang the doorbells for the first — and second-floor apartments and knocked at the front door, but five minutes later, task force officer Sam Ayyad spotted someone in a second-floor window and asked him to come down to the front entry. Beltran’s co-defendant, Jesus Ivan Vazquez-Ramirez complied with Ayyad’s request and came down to the front porch of the building.

Vazquez-Ramirez, who was conversing in Spanish with someone on his cell phone when he emerged from the building, informed the task force members that he did not speak English very well but that he had the owner of the building on the phone; he then handed the phone to DEA special agent Donald Wood. Beltran identified himself to Wood, and Wood explained that he and the other officers were at his residence and wished to speak with him. Beltran indicated that he was at work and that it would take him at least an hour to get home. In response to Wood’s inquiries, Beltran denied that there was any illegal contraband in the residence, agreed to let the officers conduct a search of the premises, but asked that they wait for his arrival before doing so. Beltran also advised the officers that he lived in the first floor of the building and that Vazquez-Ramirez lived in the second-floor apartment. Wood asked Beltran to inquire of Vazquez-Ramirez whether he would consent to a search of the upstairs apartment and handed the phone back to Vazquez-Ramirez. After a short conversation in Spanish between the two men, Wood retook the phone and learned from Beltran that Vazquez-Ramirez would also agree to a search but that he too requested that the officers postpone their search until Beltran arrived. Wood agreed, ended the call, and returned Vazquez-Ramirez’s phone to him. Vazquez-Ramirez remained on the front porch with several of the officers while they awaited Beltran’s arrival. During the wait, Vazquez-Ramirez placed or received a number of calls (speaking in Spanish). He was sweating and appeared nervous to the officers.

About 15 minutes after Wood finished the call with Beltran, one of the officers, looking from the edge of the front porch toward the back yard, saw someone that he believed to be Beltran walk into the back yard from the alley, talking on his cell phone. (The officers had seen a picture of Beltran.) When that information was conveyed to the other officers, officer Mark Porlier moved toward the rear of the residence to a point where he could see over the back fence. Porlier could see that the back door to the building was closed and that there was no one in the back yard. He remained there. Meanwhile, agents Wood and Ayyad heard footsteps coming from the second floor apartment and/or the stairway connecting the first and second floors; they also heard the door to the upstairs apartment being slammed shut. Vazquez-Ramirez, of course, was still in front of the building with the agents, and he had previously advised Wood that no one else was present in the building. Over the next 20 or so minutes, Vazquez-Ramirez remained on the front porch with the agents.

During this period, officer Mike Beda-low, who had posted himself in the alley behind the building immediately after Bel-tran’s arrival, noticed a set of trash cans in the alley, just outside of the fence surrounding the back yard; the cans had the street number of Beltran’s building stenciled on them. Bedalow decided to .look inside the cans. He discovered packaging materials which, based on his training and *674 experience, looked like they had been used to wrap one or more kilogram-sized “bricks” of narcotics. The materials were comprised of multiple layers of green plastic wrapping (variously described by the witnesses as resembling cellophane or Saran® wrap), packing tape, and dryer sheets (used to mask the odor of narcotics from police and drug-sniffing dogs). The discarded materials retained the brick shape of their previous contents.

Approximately 20 to 25 minutes after Porlier posted himself at the back of the residence, he saw Beltran emerge through the back door of the building with one of his hands inside of his shirt. Although Porlier called out to Beltran, directing him to place both of his hands where he could see them, Beltran did not immediately comply. Porlier walked over to Beltran and frisked him. Porlier felt something in Beltran’s front pocket and asked him if it was cash; Beltran told him it that it was, and Porlier was able to look into the pocket and confirm that it was a substantial roll of money. According to Porlier, Beltran was “sweating, seemed very nervous, and was shaking.” R. 270 at 121.

When Wood was advised that Beltran had just emerged from the residence, he handcuffed Vazquez-Ramirez, left him on the front porch with Ayyad, and walked to the rear of the residence to speak with Beltran. He found Beltran to be visibly nervous and soaked in sweat, as if he had just been engaged in vigorous physical activity. Officer James Healy, who had accompanied Wood to the back yard, described Beltran as “all sweaty and he seemed out of breath and excited.” R. 259 at 41.

Agent Wood asked Beltran what he was doing, and Beltran said that he had just arrived from work and was coming to talk to the agents. Wood believed that this was a lie, and that Beltran in fact had arrived some 20-plus minutes earlier. Beltran denied having just been inside of the building and insisted that he had just arrived in his car. When Wood asked Beltran to show him where he had parked his vehicle, Beltran led him to the alley and identified his car, parked halfway down the block. Wood noticed that there were several open parking spots much closer to Beltran’s residence. Wood asked Beltran for the second time whether there was any contraband inside of the residence; once again, Beltran answered in the negative.

Also for the second time, Wood solicited Beltran’s permission to search the residence and, initially, Beltran (again) gave it, adding that he did not have the authority to consent to a search of the second-floor apartment that Vazquez-Ramirez was renting from him. But, at that point, the conversation took a turn. Beltran asked Wood whether he had a search warrant. Wood replied that he did not.

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Cite This Page — Counsel Stack

Bluebook (online)
752 F.3d 671, 2014 WL 1924849, 2014 U.S. App. LEXIS 9168, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-carlos-beltran-ca7-2014.