United States v. Giagoudakis

693 F. Supp. 1417, 1987 U.S. Dist. LEXIS 14142, 1987 WL 47840
CourtDistrict Court, E.D. New York
DecidedMarch 17, 1987
DocketCR-86-477
StatusPublished
Cited by3 cases

This text of 693 F. Supp. 1417 (United States v. Giagoudakis) 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. Giagoudakis, 693 F. Supp. 1417, 1987 U.S. Dist. LEXIS 14142, 1987 WL 47840 (E.D.N.Y. 1987).

Opinion

MEMORANDUM OF DECISION AND ORDER

COSTANTINO, District Judge.

The defendants, Elias and Ruth Giagou-dakis, move to suppress certain statements made and physical evidence seized at the time of their arrest on the ground that Ruth Giagoudakis was arrested without probable cause. They also move to suppress certain post-arrest statements made by Elias and Ruth Giagoudakis on the ground that they were obtained in violation of the dictates of Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966).

A suppression hearing was held before the court on January 14 and January 22, 1987. At that hearing, the prosecution called two witnesses: Detective Buddy La-Sala and Special Agent Joseph Sullivan. The defense called Detective Richard Plat-zer and Detective LaSala.

The defendants submitted a letter memorandum in support of their motion on February 6. The government filed a memorandum in opposition to the defendants’ motion and on March 11, the defendants submitted a reply memorandum of law in support of their suppression motion.

Probable Cause to Arrest

When a defendant is arrested without a warrant, that arrest must be based on probable cause. United States v. Watson, 423 U.S. 411, 417, 96 S.Ct. 820, 824, 46 L.Ed.2d 598 (1976); Wong Sun v. United States, 371 U.S. 471, 479, 83 S.Ct. 407, 412, 9 L.Ed.2d 441 (1963); United States v. Torres, 740 F.2d 122, 126, 128 (2d Cir.1984). *1419 “Probable cause exists where the facts and circumstances within [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 [by the person to be arrested].” Dunaway v. New York, 442 U.S. 200, 208, n. 9, 99 S.Ct. 2248, 2254 n. 9, 60 L.Ed.2d 824 (1979); Brinegar v. United States, 338 U.S. 160, 175-176, 69 S.Ct. 1302, 1310-1311, 93 L.Ed. 1879 (1949), quoting Carroll v. United States, 267 U.S. 132, 162, 45 S.Ct. 280, 288, 69 L.Ed. 543 (1925); United States v. Torres, 740 F.2d at 126.

Probable cause is to be determined from the “totality-of-the-circumstances.” Illinois v. Gates, 462 U.S. 213, 230, 103 S.Ct. 2317, 2328, 76 L.Ed.2d 527 (1983); United States of America v. Ceballos, 812 F.2d 42, 50 (2d Cir.1987). “‘[T]he evidence ... must be seen and weighed not in terms of library analysis by scholars, but as understood by those versed in the field of law enforcement,’ ” Texas v. Brown, 460 U.S. 730, 742, 103 S.Ct. 1535, 1543, 75 L.Ed.2d 502 (1983) (plurality opinion of Rehnquist, J) (quoting United States v. Cortez, 449 U.S. 411, 418, 101 S.Ct. 690, 695, 66 L.Ed.2d 621 (1981)); United States v. Ceballos, supra.

The defendants assert that probable cause to arrest Ruth Giagoudakis was lacking because the basis of her arrest was her presence at the vicinity of the crime, and her having pointed out the location of her husband’s truck (the location of the drug sample exchange between Elias Giagoudak-is and Gustave Haviaris) in response to an inquiry. The defendants argue that because, “Ruth Giagoudakis was in the immediate area of her produce store ... it is clear that the government failed to meet its burden” of establishing probable cause. Letter Memorandum of Feb. 6, 1987 at pp. 2-3.

A review of the testimony adduced at the suppression hearing reveals that contrary to the defendants assertions, the government has established that the arresting officers had probable cause to arrest Ruth Giagoudakis.

The facts surrounding Ruth Giagoudak-is’s arrest were well summarized by Detective LaSala’s testimony. On June 10,1986, LaSala and Gustave Haviaris 1 were in the vicinity of Queens Boulevard and 86th Street in Queens, New York. LaSala and Haviaris were to rendezvous with a man then known to LaSala as “Louie” 2 in order to set up a deal to purchase a kilogram of cocaine. According to LaSala, they were to meet Louie at the Georgia Diner at 86th Street and Queens Boulevard. 1/14/87 p. 4. 3 When they approached the area, Ruth Giagoudakis was standing at the comer by a telephone, looking around. Id. When LaSala and Haviaris neared Giagoudakis, she walked over to them and advised them that Louie was waiting for them down the block in a truck, and she pointed down the block to a blue pickup truck. Id. at p. 5. LaSala could see the truck from where they were standing, and it appeared to him that from the truck, the block where they were standing could be seen. Id. After Ruth Giagoudakis pointed to Louie, LaSala and Haviaris proceeded to walk to the track. Ruth Giagoudakis walked away from the sight and as she did, she was looking around. Id. at p. 5-6. LaSala and Haviaris then entered the blue pickup. La-Sala was introduced to Elias Giagoudakis, and Haviaris told Giagoudakis that he had seen the money. Id. Also, he inquired whether Giagoudakis had the cocaine. At that point, Giagoudakis and Haviaris began to speak in a foreign language, and Haviar-is asked LaSala to step out of the truck. Id. at p. 6. LaSala remained right next to the truck as Haviaris and Elias Giagoudak-is continued their conversation. 1/22/87 at p. 36. While this transpired, LaSala observed Giagoudakis hand a tinfoil packet to *1420 Haviaris. Id. at pp. 36-39. Haviaris exited the truck and as he began to walk away with LaSala, he handed the packet to LaSa-la. Id. at p. 39. LaSala testified that as the packet was handed to him, Haviaris said, “Here is a sample. We will do the deal around the corner.” Id. at p. 40. A field test was thereafter conducted, and the substance in the packet tested positive for cocaine. After LaSala and Haviaris parted ways, LaSala made one telephone call to base. Id. at p. 42. LaSala told base that a surveillance had been made and instructed base to place, “the individual in the blue truck ... a female by the phone with the blond hair ... and Mr. Haviaris,” under arrest. Id. at p. 43. LaSala also told base that someone in the area might be armed.

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Cite This Page — Counsel Stack

Bluebook (online)
693 F. Supp. 1417, 1987 U.S. Dist. LEXIS 14142, 1987 WL 47840, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-giagoudakis-nyed-1987.