United States v. Leonardo Acevedo-Vázquez [1]

335 F. Supp. 3d 263
CourtUnited States District Court
DecidedSeptember 27, 2018
DocketCriminal No. 16-642 (FAB)
StatusPublished

This text of 335 F. Supp. 3d 263 (United States v. Leonardo Acevedo-Vázquez [1]) is published on Counsel Stack Legal Research, covering United States District Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Leonardo Acevedo-Vázquez [1], 335 F. Supp. 3d 263 (usdistct 2018).

Opinion

FRANCISCO A. BESOSA, UNITED STATES DISTRICT JUDGE

Defendants Leonardo Acevedo-Vázquez ("Acevedo") and John Santos-Vázquez ("Santos") move to suppress evidence pursuant to the Fourth Amendment of the *265United States Constitution. (Docket No. 34.) The United States opposed the defendants' joint motion. (Docket Nos. 47 and 49.) On January 13, 2017, the Court referred the defendants' joint motion to Magistrate Judge Camille Vélez-Rivé for a Report and Recommendation ("R & R"). (Docket Nos. 36 and 37.)

The magistrate judge held a two-day suppression hearing on September 5, 2017 and February 13, 2018. (Docket Nos. 74 and 83.) San Juan Municipal Police Officers Fernán Méndez-Sosa ("Méndez"), José Vázquez-González ("Vázquez"), and Sergeant José Colón-Rodríguez ("Colón") testified at the suppression hearing. (Docket Nos. 90 and 93.) Acevedo and Santos did not testify.

The United States and the defendants submitted post-hearing memoranda of law on June 16, 2018 and July 13, 2018, respectively. (Docket Nos. 114 and 117.) The magistrate judge issued an R & R, recommending that the Court deny the defendants' motion to suppress. (Docket No. 121.) Both defendants filed timely objections to the R & R. (Docket Nos. 129 and 130.)1

For the reasons set forth below, the Court ADOPTS IN FULL the magistrate judge's R & R, and DENIES Acevedo's and Santos' joint motion to suppress.

I. Background

On October 10, 2016, a grand jury returned an indictment charging Acevedo and Santos with carjacking and use of a firearm during and in relation to a crime of violence, in violation of 18 U.S.C. §§ 2119(1) and (2), and 18 U.S.C. §§ 924(c)(1)(A)(ii) and (2), respectively. (Docket No. 13.) The grand jury also charged Acevedo with being a convicted felon in possession of a firearm in violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2). Id. Acevedo and Santos contend that evidence obtained in connection with their arrest is the fruit of an illegal search and seizure. (Docket No. 34 at p. 7.)

A. The Food Truck Robbery

From October 8 to 9, 2017, Officer Méndez worked a twelve-hour shift beginning at 5:00 p.m. (Docket No. 93 at p. 28.) According to Officer Méndez, a woman reported a crime to the desk sergeant at police headquarters. Id. at p. 6. The woman claimed that two individuals in a copper-colored SUV robbed her in front of a food truck. Id. She provided the desk sergeant with a description of the two individuals, *266and the last three digits of the license plate associated with the copper-colored SUV. Id. at p. 7. The desk sergeant relayed this information to other law enforcement officers through the police radio. Id. at p. 24. Subsequently, Officer Méndez patrolled a high-crime area in Río Piedras, Puerto Rico. Id. at p. 8.

B. The Defendants' Arrest

While on patrol, Officer Méndez observed a parked, unoccupied vehicle matching the description of the SUV involved in the food truck robbery. Id. at p. 8. Police dispatch informed Officer Méndez that that the license plate of the SUV belonged to a vehicle that "was robbed in a carjacking in the Bayamón area." Id. at p. 9.2 Officer Méndez notified his supervisor, and touched the hood of the SUV. Id. at p. 10. The hood was hot. Id. Officer Méndez illuminated the inside of the SUV with his flashlight, observing a bullet inside the vehicle. Id. at p. 12.

Officer Méndez shared this information with police dispatch. (Docket No. 90 at pp. 6 and 69.) Officer Vázquez and Sergeant Colón received this information over the police radio at approximately 2:30 a.m. of October 9, 2018, and responded to the location of the SUV. (Docket No. 90 at pp. 6 and 69.) Police officers established a perimeter around the vehicle. Id. at p. 8.

While Sergeant Colón patrolled the surrounding area, he received a phone call from former police officer Roberto Ortiz ("Ortiz").

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Bluebook (online)
335 F. Supp. 3d 263, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-leonardo-acevedo-vazquez-1-usdistct-2018.