United States v. Mata-Peña

233 F. Supp. 3d 281, 2017 WL 543349
CourtDistrict Court, D. Puerto Rico
DecidedFebruary 10, 2017
DocketCriminal No. 16-423 (ADC)
StatusPublished

This text of 233 F. Supp. 3d 281 (United States v. Mata-Peña) is published on Counsel Stack Legal Research, covering District Court, D. Puerto Rico primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Mata-Peña, 233 F. Supp. 3d 281, 2017 WL 543349 (prd 2017).

Opinion

OPINION AND ORDER

AIDA M. DELGADO-COLÓN, Chief United States District Judge

By an Indictment, dated June 30, 2016, a grand jury has charged defendants Gerald Mata-Peña (“Mata”) and Domingo Ramos-Hernández (“Ramos”) with Possession of Cocaine with Intent to Distribute, 21 U.S.C. § 841(a)(1), and Possession of a Firearm in Furtherance of a Drug-Trafficking Crime, 18 U.S.C. § 924(c)(1)(A). ECF No. 5 at 1-2. The grand jury also charged Ramos with Being an Illegal Alien in Possession of a Firearm and Ammunition, 18 U.S.C. § 922(g)(5)(A). Id. at 2-3. The charges stem from the traffic stop of a Toyota Tacoma truck in which Mata was the driver and Ramos, its owner, was the passenger. ECF No. 1-1 at 1. During the traffic stop, a police officer searched the truck and found three cardboard boxes inside a black plastic trash bag, containing opaque packages with a total of about six kilograms of cocaine. Id. at 1-2. Later, the officer found, inside a bag in the truck, a .40-caliber pistol with two fully-loaded magazines. Id. at 2. Mata and Ramos have pleaded not guilty to the charges. ECF Nos. 12,13.

[285]*285On September 23, 2016, Mata moved the Court to suppress the physical evidence taken from the truck on the ground that the police had searched the truck in violation of the Fourth Amendment. ECF No. 33. Ramos has moved the Court to let him join Mata’s motion, which the Court will allow him to do. ECF No. 36. The Government opposes suppression. ECF No. 37.

On November 21, 2016, the Court conducted a suppression hearing. At the start of the hearing, the Government challenged Mata’s standing, under the Fourth Amendment, to contest the searches of Ramos’s truck. The Government requested leave to file a supplemental brief on standing, which the Court granted. During the evi-dentiary part of the hearing, the Government presented only a single witness: the officer who had not only stopped the truck, but found and seized all of the physical evidence in the truck. Defendants did not present any witnesses, by contrast, relying instead on cross-examination of the Government’s witness. On November 30, 2016, the Government filed its supplemental brief, arguing that Mata lacks standing because, although he was driving the truck, he was only its passenger for Fourth Amendment purposes. ECF No. 53. Mata and Ramos filed separate responses to the brief. ECF Nos. 55, 56.

Having considered all of the evidence in the record, the Court now finds that the police violated the Fourth Amendment by searching and seizing, without probable cause or a warrant, the only contraband in the truck that was allegedly in plain view. The Court finds further that all of the physical evidence from the truck warrants suppression as fruit of the poisonous tree. However, the Court will grant suppression only as to Ramos because only he has established his standing, under the Fourth Amendment, to contest the police conduct. Because Mata has failed to establish his own standing, the evidence against him will not be suppressed.

I. Evidence at the Suppression Hearing

Agent Nolbert Cortés-Gómez (“Agent Cortés”), badge number 31546, has been a member of the Puerto Rico Police Department (“PRPD”) since 2004.1 He has been assigned to the PRPD’s Tactical Operations Division since 2010. Previously, he served in the PRPD’s Drug Division for more than six years. As an officer in the Drug Division, Agent Cortés learned how to identify drugs, conduct field tests, and supervise undercover- officers. He has participated in more than five hundred drug-related arrests, about three to four of which involved kilograms (“kilos”) of cocaine. His training and experience have taught him that kilos of powder cocaine are usually packaged as compact rectangular cubes, wrapped in clear plastic, beige tape, and/or newspaper.

On June 28, 2016, at approximately 4:00 a.m., Agent Cortés and other Tactical Operations Division members reported to the PRPD Academy in Gurabo, Puerto Rico, for a physical exam. At approximately 10:00 a.m., once the exams were over, the officers started to drive back to their sta-tionhouse in Mayagiiez, Puerto Rico, on the other side of the island, in a caravan of marked police vehicles. At approximately 11:30 a.m., near the 53.9-kilometer marker on Highway 52, Agent Cortés, who was driving the vehicle at the head of the caravan, saw a burgundy Toyota Tacoma truck make an illegal lane change—that is, change lanes without properly signaling in violation of P.R. Laws Ann. tit. 9, § 5156. Agent Cortés activated his vehicle’s lights [286]*286and- sirens, and pulled the truck over. The other police vehicles in the caravan pulled over as well.

Agent Cortés’s passenger, Sergeant Nú-ñez, proceeded to the front driver’s-side window of the truck, while Cortés went to its- front passenger’s-side window. Both windows were rolled down. Mata was driving the truck, while Ramos, its owner, was sitting in the front passenger’s seat. While Sergeant Núñez spoke to Mata, Agent Cortés saw, through the open passenger’s window, a tall black plastic garbage bag, with an open cardboard box sticking out of its top, in the middle of the rear seat of the truck. Protruding out of the box was an unzipped CD binder, normally used, to store CDs in pages of sleeves, which had what appeared to be a rectangular package, wrapped in opaque newspaper, peering, out of its near side by a few inches. The binder was resting on the open flap of the box. Agent Cortés’s view of the package was unobstructed. In light of his training and experience, he thought that the package looked like a kilo of cocaine.

Based on an in-court demonstration of what the. exposed package looked like— using the actual boxes, binders, newspapers, and kilos of cocáine that the police found in the truck—Agent Cortés could see, at most, only a few inches of one of its short and narrow sides sticking out of the otherwise closed edge of the CD binder.2 Because' its Wrapping was opaque, the package’s contents were not visible. Agent Cortés, acting upon his own initiative and without consisting anyone or receiving the passenger’s consent, opened the rear passenger’s-side door of the truck, removed the wrapped package from the CD binder, tore the newspaper off of the package, and uncovered a compact rectangular cube of white power, wrapped in clear plastic, that he believed to be kilo of cocaine.3 Agent Cortés informed - Sergeant Núñez about what he had found, and the officers then placed Mata and Ramos under arrest.

Agent Cortés now saw that the CD binder contained, behind the package he had just removed, a second rectangular package, wrapped in opaque newspaper. Unlike the exposed package, which had one of its short sides pointing towards the bottom of its binder, the second package had one of its long sides pointing towards it. Agent Cortés then removed the second package from the binder, tore off its wrapping, and discovered a second kilo of cocaine. Inside the black plastic garbage bag on the rear seat of the truck were two more cardboard boxes, sealed with tape. The boxes were stacked vertically within the garbage bag, one on top of the other.

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Cite This Page — Counsel Stack

Bluebook (online)
233 F. Supp. 3d 281, 2017 WL 543349, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-mata-pena-prd-2017.