United States v. Mendonca

682 F. Supp. 2d 98, 2010 U.S. Dist. LEXIS 10321, 2010 WL 431256
CourtDistrict Court, D. Massachusetts
DecidedFebruary 3, 2010
DocketCriminal No. 08-10333-NMG
StatusPublished
Cited by1 cases

This text of 682 F. Supp. 2d 98 (United States v. Mendonca) is published on Counsel Stack Legal Research, covering District Court, D. Massachusetts primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Mendonca, 682 F. Supp. 2d 98, 2010 U.S. Dist. LEXIS 10321, 2010 WL 431256 (D. Mass. 2010).

Opinion

MEMORANDUM & ORDER

GORTON, District Judge.

Defendant John C. Mendonea (“Mendonca”) is charged with conspiracy to possess with intent to distribute marijuana in violation of 21 U.S.C. § 846 (Count I) and possession with intent to distribute marijuana in violation of 21 U.S.C. § 841(a)(1) (Count II). He has moved to suppress 1) [101]*101physical evidence recovered from a search of his vehicle, 2) statements made to police during a vehicle stop and following his arrest and 3) physical evidence recovered pursuant to four search warrants.

I. Factual Background

In late August, 2008, agents with the South Coast Anti-Crime Team (“SCAT”), a consortium of law enforcement officers from local police departments in Massachusetts and Rhode Island, received information from the United States Drug Enforcement Administration (“DEA”) that Mendonea was trafficking marijuana in southeastern Massachusetts. Based upon that information, SCAT agents began investigating and surveilling Mendonea through GPS and physical surveillance.

On September 5, 2008, SCAT agent and East Providence Police Sergeant Diogo Mello (“Sergeant Mello” or “Mello”) followed Mendonea to several locations: 84 McGowan Street and 206 Covel Street, both in Fall River, Massachusetts as well as 25 Bullocks Point Avenue and the Extended Stay Motel at 1000 Warren Avenue (“the Extended Stay”) in East Providence, Rhode Island. Based upon his observations and experience, Sergeant Mello suspected that at least the first two addresses were stash locations.

On the next morning, September 6, 2008, SCAT agents resumed their surveillance, following Mendonea from 25 Bullocks Point Avenue, where he had spent the night, to his mother’s house in Fall River, Massachusetts. He drove a blue Toyota Rav-4 (“the Rav-4”). Shortly before 11:00 a.m., Mendonea left his mother’s residence and headed toward Interstate 195 (“I-195”) and Rhode Island. On 1-195, Sergeant Mello observed him following other cars too closely, changing lanes without signaling and traveling at speeds of between 75 and 90 miles per hour in a posted 65 mile per hour zone. In East Providence, Sergeant Mello again observed the Rav-4 following vehicles too closely and changing lanes without signaling.

The vehicle then entered the parking lot of the Extended Stay. Mendonea parked and made two trips from the motel carrying bags and boxes that were loaded into the car. He was checking out and, at approximately 12:00 p.m., left the motel.

At that point, Sergeant Mello and his surveillance team decided to stop the defendant. Mello knew that Mendonea had been arrested at or near a motel twice in possession of marijuana and large sums of cash and, therefore, believed that he might again be transporting contraband. In an exercise of caution, however, Mello and his team decided to wait. They determined that a field interview stop (“FI stop”) by a marked police vehicle was the best way to gather basic information but still avoid compromising their investigation if it turned out that Mendonea did not have anything obviously suspicious in the car.

Accordingly, Sergeant Mello placed a telephone call to East Providence Police Officer Paul Saisselin (“Officer Saisselin” or “Saisselin”), with whom he had worked previously in a similar manner. Mello informed Saisselin of Mendonca’s earlier traffic violations and requested that Officer Saisselin perform a FI stop on the Rav-4. Sergeant Mello asked Officer Saisselin to keep it routine and “not to heat it up”. He wanted Saisselin only to “gather intel” by, for example, learning Mendonca’s origin and destination while looking out for any suspicious behavior or odors.

Officer Saisselin spotted the Rav-4 a short time later and, after the vehicle passed through a school area with heavy traffic, initiated the stop. The Rav-4 made a sudden lane change without signal[102]*102ing but then pulled over in the parking lot of the Silver Spring Golf Course. Surveillance agents observed the traffic stop from an undisclosed location. Sergeant Mello, however, was unable to watch the stop and could not contact Officer Saisselin for about ten minutes due to poor cellular telephone service in the area.

Officer Saisselin approached the vehicle and asked for Mendonca’s license and registration. According to Officer Saisselin, Mendonca’s arms were shaking nervously and he refused to make eye contact. When Saisselin asked Mendonca why he was traveling in East Providence, the defendant indicated that he had just moved out of the Extended Stay and was looking for a new place to live. Officer Saisselin returned to his vehicle to run a check on Mendonca’s license, at which point Saisselin testified that Mendonca’s abnormal behavior escalated. The defendant watched him attentively through his mirror throughout the license check. Moreover, when Saisselin returned to the Rav-4, Mendonca was still shaking uncontrollably. Saisselin called Mendonca’s nervousness the worst he had seen in his 15-year career.

Based upon this behavior and his experience as a patrolman, Officer Saisselin determined that there was more to the stop than the reported traffic infractions. He could not, however, contact Sergeant Mello or his unit and therefore “took it upon [himself] to continue with the investigation as to why Mendonca was so nervous.” Fh’st, despite the defendant’s compliance up to that time, Mendonca’s behavior left Saisselin concerned for his safety. Therefore, he asked Mendonca to step out of the vehicle and frisked him but did not find any weapons.

Saisselin’s focus then turned to the Rav4’s contents. Mendonca had previously told Saisselin that his nervousness was not related to his carrying any contraband but he did admit that there was a bottle of his mother’s prescription pills in the car. Saisselin nonetheless asked Mendonca if he could search the vehicle and, according to Saisselin’s testimony and sworn affidavit, Mendonca consented.

Saisselin therefore proceeded with the search while Mendonca stood in front of the Rav-4 with another officer who had arrived on the scene to assist. Although the majority of the vehicle’s contents were, consistent with Mendonca’s account, clothes, food and other items expected of anyone moving out of a motel, Officer Saisselin also recovered the reported Percocet/Oxycodone pills prescribed to Mendonca’s mother, several cell phones, drug paraphernalia, a substance suspected to be anabolic steroids and cash.

Officer Saisselin relayed his findings to Sergeant Mello and his team who, by now, had regained communication. A canine was summoned but did not detect any additional contraband. Saisselin placed Mendonca under arrest for possession of a controlled substance and issued citations to him for the traffic violations.

The remainder of the events transpired somewhat routinely. Mendonca was transported to the East Providence police station where he signed a written acknowledgment and waiver of his Miranda rights. During the ensuing interrogation, Mendonca admitted that he had resumed trafficking marijuana and identified three locations as central to his activities: 84 McGowan Street and 206 Covel Street, both in Fall River, Massachusetts and 25 Bullocks Point Avenue in East Providence, Rhode Island.

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Bluebook (online)
682 F. Supp. 2d 98, 2010 U.S. Dist. LEXIS 10321, 2010 WL 431256, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-mendonca-mad-2010.