United States v. Momphie

216 F. Supp. 3d 944, 2016 U.S. Dist. LEXIS 145174, 2016 WL 6124977
CourtDistrict Court, S.D. Indiana
DecidedOctober 20, 2016
DocketCase No. 4:14-00031-TWP-VTW
StatusPublished

This text of 216 F. Supp. 3d 944 (United States v. Momphie) 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. Momphie, 216 F. Supp. 3d 944, 2016 U.S. Dist. LEXIS 145174, 2016 WL 6124977 (S.D. Ind. 2016).

Opinion

ENTRY DENYING MOTIONS TO SUPPRESS

TANYA WALTON PRATT, JUDGE

This matter is before the Court on Defendant Ritzy Robert-Montaner’s (“Mon-taner”) Motion to Quash Arrest and Suppress all Evidence Obtained as a Result Thereof (Filing No. 437) and Defendant Miguel Mompie’s (“Mompie”) Second Amended Motion to Suppress Fruits of Search (Filing No. 445). Montaner is charged with Conspiracy (Count 23) in violation of 18 U.S.C. § 371 and 18 U.S.C. § 659. Her co-defendant, Mompie, is charged with Interstate Transportation of Stolen Property (Counts 10, 12, 14, 16, 18 and 20), Possession of Goods Stolen from Interstate Commerce (Counts 9,11,13,15, 17 and 19), and Conspiracy (Count 23). Both Defendants have petitioned the Court to suppress from introduction into evidence any and all items that were seized from their person and from a Chevrolet Sonic rental car on February 25, 2015. An evidentiary hearing was held on September 22, 2016. Pursuant to Federal Rule of Criminal Procedure 12(d), the Court now states its conclusions of law. For the reasons set forth below the Court DENIES each Defendants’ Motion to Suppress.

I. FINDINGS OF FACT

On December 9, 2014, a semi-tractor and trailer containing 4,610 T-Mobile cellular telephones were stolen from a truck stop in Oklahoma City, Oklahoma (the “T-Mobile load”). (Filing No. 472 at 1.) The stolen merchandise was valued at approximately $460,000.00. Id, On or about De[947]*947cember 17, 2014, the FBI was contacted by an investigator hired by T-Mobile to investigate the theft of the T-Mobile load. (Filing No. 472 at 2.) The investigator reported that one of the stolen cell phones from the T-Mobile load had been activated at a location in Oklahoma City on December 10, 2014. Id. While other stolen cell phones were subsequently activated, the location and time of activation of this particular cell phone led the FBI to conclude that the phone activated on December 10, 2014 was in the possession of someone connected to the theft of the T-Mobile load. Id.

Sometime during their investigation the FBI learned through a confidential informant that Mompie and others had recently stolen a load of T-Mobile telephones, and that Mompie was possibly carrying one of the telephones with him. Id. at 3. Upon receiving this information, the FBI acquired the toll records of the stolen- cell phone. Id. An investigation on the telephone numbers associated with the stolen cell phone revealed call activity between Mompie and other associates, named by the confidential informant, that were also allegedly involved in the theft of the T-Mobile load. Id, After a review of the data, the FBI discovered that cell phones associated with Mompie and his associates had been active around the truck stop where the T-Mobile load was stolen, including on the same day. Id.

On February 18, 2015, the FBI acquired a warrant to track and monitor the precise location of the activated stolen cell phone believed to be in the possession of Mompie, who resided in Jeffersonville, Indiana. . .

On February 23, 2015, the FBI with the help of the Kentucky State Police (“KSP”) determined that the stolen cell phone had traveled to Virginia. Wes Rowe (“Rowe”), an investigator with the National Insurance Crime Bureau (“NICB”), was contacted for assistance. Id. The NICB is a non-profit organization that receives support from insurance companies, and its mission is to lead a united effort between insurers and law enforcement agencies to prevent and combat insurance fraud and crime. Id. Rowe’s position within the NICB was to conduct complex fraud investigations in the southwest Virginia area and supervise all field operations for North and South Carolina. Rowe had previously been a deputy for the Wythe County Sheriffs Office (“WCSO”), and remained a reserve deputy with full law enforcement authority during his participation in the FBI investigation. In the five years that he had worked for NICB, Rowe had been involved in the investigation of approximately forty organized Cuban groups involved in cargo thefts.

Sgt. Motley (with the KSP) and FBI agent Paul Meyer (“Agent Meyer”) advised Rowe that a Cuban suspect, known to be involved in’ cargo theft, had flown from Louisville, Kentucky to Chicago, Illinois and was currently tracked (via the stolen cell phone) to be at the Richmond International Airport in Richmond, Virginia. The suspect was identified as Mompie. Sgt. Motley and Agent Meyer informed Rowe that Mompie might be meeting with associates who were previously known by Rowe to have been involved in other cargo thefts.

In tracking the cell phone, Sgt. Motley and Agent Meyer began relaying, in real time, information to Rowe and other law enforcement officers involved in the investigation. Rowe was constantly advised of the cell phone’s location. The cell phone was located near a Hewlett Packard distribution center in Richmond. The cell phone then traveled to Caroline County and was located near a McKesson distribution center. Rowe contacted Caroline County’s Sherriff s office to put them on notice of the current situation and requested that [948]*948they contact him if a cargo theft was reported. However, no incidents took place on that afternoon. Rowe kept tracking the cell phone and alerting authorities along the cell phone’s route. Once the cell phone reached Roanoke, Virginia and became stationary at a motel, Rowe ceased monitoring the activity.

The next day, on February 24, 2015, Rowe was contacted again because the cell phone was traveling on 1-581/ U.S. 220 towards Greensboro, North Carolina. Rowe felt that it was likely that the cell phone was headed for the Ralph Lauren distribution center in Greensboro. The cell phone did travel to the area of the distribution center and its activity indicated, based on past behavior, that the subject was surveilling the center.

Rowe then alerted Ralph Lauren’s Asset Protection Manager. After the manager began to track the outgoing truck loads via GPS, it was determined that the cell phone was following one of the truck loads that had recently left the distribution center. John Cannon of the Georgia Bureau of Investigation was advised of the situation as the load and the cell phone were headed towards the South Carolina/Georgia state line. Rowe and the Ralph Lauren manager were working together to determine if Mompie, who was in possession of the cell phone, would follow and steal the load.

However, before the two drivers in the truck received the information on where to do the controlled stop, they stopped at a gas station in South Carolina. The drivers stated that, while at the gas station, one of them went inside while the other one stayed with the truck. They also stated that they had been followed by a small silver car with three passengers, one of whom followed the driver into the store. After the two remaining passengers realized there was a second driver, the passenger who had gone inside went back to the car and they left the station. Tracking resumed, and it was discovered that the car was headed back towards Greensboro, subsequently becoming stationary at a motel two miles away from the Ralph Lauren distribution center.

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Cite This Page — Counsel Stack

Bluebook (online)
216 F. Supp. 3d 944, 2016 U.S. Dist. LEXIS 145174, 2016 WL 6124977, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-momphie-insd-2016.