United States v. Melchor De Los Santos

810 F.2d 1326, 22 Fed. R. Serv. 894, 1987 U.S. App. LEXIS 2755
CourtCourt of Appeals for the Fifth Circuit
DecidedFebruary 13, 1987
Docket86-2085, 86-2296
StatusPublished
Cited by70 cases

This text of 810 F.2d 1326 (United States v. Melchor De Los Santos) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth 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. Melchor De Los Santos, 810 F.2d 1326, 22 Fed. R. Serv. 894, 1987 U.S. App. LEXIS 2755 (5th Cir. 1987).

Opinion

ROBERT MADDEN HILL, Circuit Judge:

Melchor De Los Santos was arrested on October 29,1985, for possession with intent to distribute heroin in violation of 21 U.S.C. § 841(a)(1). Following the district court’s denial of both a motion to suppress the seized heroin and a motion to reveal the identity of a confidential informant, De Los Santos entered a conditional plea of guilty pursuant to Fed.R.Crim.P. 11(a)(2). In accordance with this conditional plea, De Los Santos now appeals the denial of his suppression and disclosure motions. Finding that the district court committed no error, we affirm.

I.

On October 28, 1985, in the late afternoon Drug Enforcement Administration (DEA) Special Agent Albert Castro received information from a confidential informant that De Los Santos would be in the area of Malone and. South Flores Streets in San Antonio, Texas, the following morning to pick up heroin that was to be stored somewhere in that area that evening. Apparently, at some point on October 28 Castro had also undertaken surveillance of De Los Santos, who was driving what was testified to as a red automobile, and followed him to a number of areas in San Antonio, including that of Malone and *1329 South Flores Streets. 1 It is not clear from the record, however, whether Castro was following De Los Santos prior to receiving the information from the informant or after and in response to receiving it.

On the evening of October 28 Castro made arrangements to have a surveillance team assembled the next morning in the Malone-South Flores area. The next morning the agents observed De Los Santos drive in the same vehicle to the rear of a residence located at 302 West Malone Street, where he remained for two to four minutes. When De Los Santos left, several police officers and DEA agents followed him while Castro and several other DEA agents, with the consent of the occupants, searched the residence on Malone Street. However, no drugs were found. Castro subsequently gave the order to San Antonio Police Department detective Jerry Ran-gel to stop De Los Santos.

Once De Los Santos was pulled over, Rangel told him to place his hands on the steering wheel and then removed him from the automobile and frisked him. After moving De Los Santos to the rear of the automobile, Rangel went to the driver’s side where he saw a brown paper sack protruding from underneath the front seat. Rangel removed the sack and, upon examining its contents, determined that it contained 15 packets of a substance that resembled heroin. De Los Santos was arrested; subsequently the substance in the packets was positively tested as heroin. 2

After an indictment was returned charging De Los Santos with intent to distribute heroin in violation of 21 U.S.C. § 841(a), De Los Santos made a motion to suppress the evidence obtained from the search of his automobile and a motion requesting disclosure of the identity of the informant on whose tip the authorities based their stop and search. In the event that the government were to claim the privilege of nondisclosure as to the informant, De Los Santos also requested an in camera hearing in his memorandum in support of the motion for disclosure. At a minimum, he argued that his counsel should be present at the in camera hearing to determine whether the informant’s identity should be revealed.

At a hearing on both motions before the district court, both Castro and Rangel testified as to the facts leading up to the arrest of De Los Santos. Castro also testified as to the reliability of the informant and as to the criminal record of De Los Santos. Regarding the informant, he stated that he had known the informer for ten or eleven years; that the informer had provided reliable information in the past that had led to the seizure of drugs; and that the informer was continuing to work on cases for the DEA. 3 With respect to De Los Santos’ criminal record, there was evidence that he had been convicted for committing violent crimes and for the distribution of heroin.

Following Rangel’s and De Los Santos’ testimony and an argument by De Los Santos that he should be able to discover the identity of the informant, the government requested that the court hear additional information regarding the informant in camera. Counsel for De Los Santos did not request at this time that he be allowed to attend the in camera proceeding. The court granted the government’s request. At the in camera hearing the judge, Castro, and the prosecutor were the only ones present. At this hearing the court was offered additional facts surrounding the informant’s tip. This information could not be testified to in open court because it clearly would have revealed the identity of the informant. The court did consider whether the identity of the informant would be helpful to De Los Santos’ defense, and whether it should therefore be released.

*1330 After sealing the in camera testimony, the court made findings of fact and conclusions of law. In addition to the facts stated above, the court found that the information supplied by the informant was reliable and had been provided by one whose reliability and veracity was established. The court also found that the totality of the circumstances gave rise to a reasonable suspicion to support the stop of De Los Santos’ automobile. The court based its finding of reasonable suspicion on the knowledge of Castro, which had been transmitted to the arresting officers. Subsequent to the stop, the court found that Rangel made a proper arrest. Regarding the informant, the court found that there were compelling reasons for keeping the informant's identity confidential; that the informant was a knowledgeable person aware of each of the circumstances that were communicated to Castro; that there was no other disclosure of the informant’s identity; that neither the informant’s identity nor the informant’s testimony would be helpful to De Los Santos’ defense; and that there had been no showing by De Los Santos that the information of the informant could be material or helpful to his case.

The court subsequently supplemented its findings of fact and conclusions of law. The additional findings of fact and conclusions of law clarified its position regarding probable cause: 4

The Court finds that upon searching Defendant’s vehicle pursuant to the stop occasioned by probable cause to believe that the Defendant possessed controlled substances, the arresting officers discovered a paper sack that was of a size and shape that indicated that it might contain the contraband sought. The Court concludes that the arresting officers had probable cause to believe pursuant to the standards set forth in Illinois v. Gates, 462 U.S. 213, 103 S.Ct.

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Bluebook (online)
810 F.2d 1326, 22 Fed. R. Serv. 894, 1987 U.S. App. LEXIS 2755, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-melchor-de-los-santos-ca5-1987.