United States v. Justice

881 F. Supp. 387, 1994 U.S. Dist. LEXIS 20069, 1994 WL 779308
CourtDistrict Court, S.D. Indiana
DecidedDecember 5, 1994
DocketNo. IP 94-86 CR
StatusPublished
Cited by1 cases

This text of 881 F. Supp. 387 (United States v. Justice) is published on Counsel Stack Legal Research, covering District Court, S.D. Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Justice, 881 F. Supp. 387, 1994 U.S. Dist. LEXIS 20069, 1994 WL 779308 (S.D. Ind. 1994).

Opinion

ENTRY

BARKER, Chief Judge.

The Defendant, Wendell Justice, is charged in this case with conspiracy to distribute cocaine in excess of 5 Kilograms, money laundering and possession of a firearm in relation to a drug trafficking offense. This matter is currently before the Court on the Defendant’s Motion to Suppress Testimonial and Physical Evidence, and he has signed a qualified plea that is conditioned on the outcome.

[389]*389I. FACTUAL BACKGROUND

The Government’s arrest of Justice was the culmination of two separate investigations involving the Internal Revenue Service (“IRS”) and the Indiana State Police (“ISP”).

A. IRS Investigation:

The first investigation was conducted by Special Agent Daniel Neukam (“SA Neu-kam”) of the Internal Revenue Service. In December of 1992, SA Neukam began investigating a Jeffrey Alexander for involvement in cocaine trafficking and money laundering in Indianapolis, Indiana. SA Neukam believed that Alexander had used illegal proceeds to make an $80,000 cash down payment on a night club called the “Palladium.” After obtaining both arrest and search warrants, Agent Neukam — along with members of the ISP — arrested Alexander on November 18, 1998. Upon questioning Alexander later that day, Neukam learned that the money used to purchase the Palladium was obtained, at least in part, from cocaine sales in Indianapolis. Alexander revealed that the source of the cocaine was the nephew of a woman named Michelle Simmons. This nephew, whose name was Willie Johnson, came to Indianapolis from Salt Lake City and stayed with Simmons at her residence on Denny Street in Indianapolis. Over the course of several debriefings, Alexander identified the other persons involved in the distribution of cocaine as Javier Armenta-Baeza, Harvest Buddy Thomas, John Robert Carter, Charles O’Neal and Louis Jordan.

B. ISP Investigation:

Separate from the IRS investigation of Alexander, officers with the ISP Major Drug Section had been investigating the importation of marijuana through the Holiday Inn located at 6990 Shadeland Avenue in Indianapolis, Indiana. On November 9,1993, Holiday Inn management notified Trooper Dean Wildauer that a suspicious looking hispanic male identified as Jose Armenta-Baeza had checked into room 506 of the hotel that evening. Armenta-Baeza had arrived at the hotel in a 1994 Chevy van that had been leased in Hobart, Indiana, by the Defendant Wendell Justice. Wildauer also contacted authorities in Utah and learned that Armen-ta-Baeza was a suspect in cocaine trafficking investigations in that state.

Trooper Jeff Sego was assigned to intercept the rental van the next day. He located the van at the home of Michelle Simmons on Denny Street in Indianapolis. When a male entered the van and pulled away, Trooper Sego pursued and pulled the vehicle over. The driver identified himself as Wendell Justice. Sego conducted a search of the van and found a pistol in the glove compartment. Justice was arrested for carrying a handgun without a permit. Police searched the van and confiscated a briefcase that contained various items.

On the same day, ISP troopers obtained a search warrant for Baeza’s room at the Holiday Inn. A search of Baeza’s room revealed information linking Baeza to Alexander as well as addresses and telephone numbers of persons in California and Utah believed to be involved in a drug conspiracy. Police also monitored phone calls from the room and tracked a telephone number to Michelle Simmons.

C.Prior Proceedings:

On February 11, 1994, Justice was arrested on federal charges for being a felon in possession of a firearm pursuant to 18 U.S.C. § 922(g). On March 9,1994, a federal grand jury indicted him for that offense, Cause No. IP 94-41-CR. Shortly thereafter, Justice filed a motion to suppress evidence obtained from the ISP’s November 10 search of his van. On April 12, 1994, after an evidentiary hearing, the Honorable S. Hugh Dillin issued an order granting defendant’s motion and quashing the evidence seized from Justice’s van on November 10, 1998. As a result, on May 27, 1994, the government moved to dismiss the handgun ease against Justice. By a stipulation of the parties, Judge Dillin’s ruling is the “law of the case” before us.

On May 25, 1994, Justice and several co-defendants were indicted in this case on several additional counts. Specifically, Justice was charged with conspiracy to distribute cocaine in excess of 5 Kilograms, 21 U.S.C. § 846, money laundering, 18 U.S.C. [390]*390§ 1956(a)(l)(A)(I), and possession of a firearm in relation to a drug trafficking offense, 18 U.S.C. § 924(c). He now moves to suppress any testimonial and physical evidence that he claims are the fruits of the illegal search of his van. For the reasons stated below, his motion is denied in part and granted in part.

II. DISCUSSION

The Court’s task today is to determine whether the government exploited evidence it illegally obtained from its November 10, 1993, search of Justice’s van. According to the Defendant, “but for” the illegal seizure of this evidence, federal agents would not have made the connection between the IRS and ISP investigations. Justice contends that the government then confronted his alleged coconspirators with this ill-gotten evidence, thus inducing their cooperation in the investigation. As a result, he argues that the co-conspirators who have cooperated with the government should not be allowed to testify against him. Likewise, any physical evidence obtained as a result of the search of the van should also be suppressed.

A. Fruits of Illegal Searches:

Once an illegal search is established, the government bears the burden of showing by a preponderance of the evidence that the evidence it seeks to introduce falls within an exception to the exclusionary rule. United States v. Rodriguez, 831 F.2d 162, 167 (7th Cir.1987). Evidence obtained as a direct result of an unconstitutional search or seizure is plainly subject to exclusion. Segura v. United States, 468 U.S. 796, 803-05, 104 S.Ct. 3380, 3385, 82 L.Ed.2d 599 (1984); Weeks v. United States, 232 U.S. 383, 34 S.Ct. 341, 58 L.Ed. 652 (1914). The exclusionary rule also reaches evidence later discovered and found to be derivative of an illegality. Nardone v. United States, 308 U.S. 338, 341-43, 60 S.Ct. 266, 268, 84 L.Ed. 307 (1939). In order to determine whether evidence indirectly obtained is the fruit of a prior illegality, the Court must examine whether the challenged evidence was “come at by exploitation of [the initial] illegality or instead by means sufficiently distinguishable to be purged of the primary taint.” Segura, 468 U.S. at 804, 104 S.Ct. at 3385 (citations omitted) (emphasis in original).

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Bluebook (online)
881 F. Supp. 387, 1994 U.S. Dist. LEXIS 20069, 1994 WL 779308, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-justice-insd-1994.