United States v. Morales-Castro

947 F. Supp. 2d 166, 2013 WL 2352127, 2013 U.S. Dist. LEXIS 76940
CourtDistrict Court, D. Puerto Rico
DecidedMay 30, 2013
DocketCriminal No. 12-229 (FAB)
StatusPublished
Cited by61 cases

This text of 947 F. Supp. 2d 166 (United States v. Morales-Castro) 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. Morales-Castro, 947 F. Supp. 2d 166, 2013 WL 2352127, 2013 U.S. Dist. LEXIS 76940 (prd 2013).

Opinion

OPINION AND ORDER

BESOSA, District Judge.

Before the Court is a Report and Recommendation (“R & R”) issued by Magistrate Judge Camille Velez-Rive. (Docket No. 77.) The magistrate judge recommends that defendant Ernesto Morales-Castro’s (“Morales”) motion to suppress, (Docket No. 26), be denied. (Docket No. 77 at p. 24.) After an independent review of the record and defendant Morales’ objections to the R & R, (Docket Nos. 78 & 80), the Court ADOPTS the R & R and DENIES the defendant’s motion to suppress.

DISCUSSION

I. Background

The Court declines to rehash all of the facts. Background information or facts [169]*169will be recounted as needed in the Court’s subsequent legal analysis of particular issues. See United States v. Stierhoff, 549 F.3d 19, 21 (1st Cir.2008). ■

On March 21, 2012, the Puerto Rico Police Department (“PRPD”) executed a search warrant on defendant Morales’ home, which is .located at Jardines de Cu-pey Public Housing Project, Building # 7, Apartment # 77, located in San Juan, Puerto Rico. (Docket No. 1-1 at p. 1.) A municipal judge from the Puerto Rico Court of First Instance, San Juan Division, issued a search warrant on March 13, 2012; the warrant was supported by a sworn statement from Agent Carlos Concepcion-Ramos (“Agent Concepcion”). (Docket No. 77 at p. 1.) During the search of defendant Morales’ home, the PRPD found a firearm and oxycodone pills. (Docket No. 1-1 at p. 1.) After this search, in the presence of federal authorities from Homeland Security Investigations (“HSI”), defendant Morales signed a written waiver of his right to remain silent and also gave authorities consent to search his vehicle. Id. at pp. 1-2. After obtaining consent, an agent discovered a hidden compartment in the vehicle containing automatic weapons and ammunition. Id. at p. 2.

Subsequently, defendant Morales was charged with possession with intent to distribute a detectable amount of oxycodone in violation of Title 21, United States Code, Section 841(a)(1); possession of a firearm in furtherance of drug trafficking in violation of Title 18, United States Code, 'Section 924(c)(1)(A); and possession of a ma-chinegun in violation of Title 18, United States Code, Section 922(o) and 924(a)(2). (Docket No. 8.)

On July 2, 2012, defendant Morales filed a motion to suppress the evidence found during the search of his home pursuant to the search warrant issued by the’Commonwealth court. (Docket No. 26.) He also requested a hearing pursuant to Franks v. Delaware, 438 U.S. 154, 155-56, 98 S.Ct. 2674, 57 L.Ed.2d 667 (1978).1 Defendant Morales argues that the warrant was based on Agent Concepcion’s sworn statement, which contained “blatant omissions ... and implausible allegations.” Id. at p. 5. Defendant Morales also argues that because the search warrant was based on an ■unreliable sworn statement, the search of his home and the subsequent search of his car—even though the latter was based on his consent—should be considered fruits of the poisonous tree, and, therefore, should be excluded. (Docket No. 78 at pp. 21-23.) He also argues that his consent was not given voluntarily and knowingly. Id. at pp. 22-23.

The magistrate judge held a Franks hearing in several sessions. (See Docket Nos. 59-64 & 68-70.) During the hearing, Agent Concepcion discussed how he conducted the surveillance that he used in his sworn statement for the affidavit. The hearing focused on whether Agent Concepcion had his cell phone with him when he allegedly conducted this surveillance and whether records from his cell phone company matched up with his whereabouts.

In her R & R, the magistrate judge denied defendant’s motion to suppress. The magistrate judge provided a summary of the testimonies given at the hearing, (see Docket No. 77 at pp. 4-16), and found that, based on the testimonies, defendant Morales failed to meet his burden to show that Agent Concepcion’s statements in the affidavit in support of the search warrant were false. Specifically, she focused on [170]*170how defendant Morales failed to present a preponderance of the evidence to show that Agent Concepcion could not have been where he had attested to be in the sworn affidavit in support of the warrant application. Id. at p. 20. Furthermore, the magistrate judge addressed defendant’s arguments regarding the subsequent search of his car and found that the government had established that defendant Morales provided a knowing, written, voluntary, and valid consent to search it. Id. at p. 24. Therefore, the magistrate, judge recommended that defendant Morales’ motion to suppress be denied. Id. at p. 24.

On November 21, 2012, defendant Morales filed his objections to the magistrate judge’s R & R. {See Docket No. 78.) On January 18, 2013, he filed a supplement to his objections. {See Docket No. 80.) In short, defendant Morales argues that (1) the magistrate judge’s failure to find that Agent Concepcion used his cell phone during periods when he was allegedly on surveillance was clear error; (2) the magistrate judge’s finding that Agent Concepcion was sufficiently credible to overcome the evidence demonstrating the falsity of the sworn statement was clear error; (3) special circumstances are present that require further testimony from Agent Concepcion; and (4) the magistrate judge’s finding that the search of defendant Morales’ vehicle was pursuant to a voluntary and valid consent was clear error.2 {See Docket No. 78.) The Court addresses each of defendant Morales’ objections in turn and finds all of defendant Morales’ arguments unavailing.

II. Legal Standard under 28 U.S.C. § 636(b)(1)

A district court may refer a pending motion to suppress to a magistrate judge for a report and recommendation. See 28 U.S.C. § 636(b)(1)(B); Fed'.R.Civ.P. 72(b); Loc. Rule 72(b). Any party adversely affected by the report and recommendation may file written objections within fourteen days of being served with the magistrate judge’s report. See 28 U.S.C. § 636(b)(1).

A party that files a timely objection is entitled to a de novo determination of “those portions of the report or specified proposed findings or recommendations to which specific objection is made.” Sylva v. Culebra Dive Shop, 389 F.Supp.2d 189, 191-92 (D.P.R.2005) (citing United States v. Raddatz, 447 U.S. 667, 673, 100 S.Ct. 2406, 65 L.Ed.2d 424 (1980)). Failure to comply with this rule precludes further review. See Davet v. Maccarone, 973 F.2d 22, 30-31 (1st Cir.1992). Furthermore, the objecting party must put forth more than “[c]onclusory objections [171]

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
947 F. Supp. 2d 166, 2013 WL 2352127, 2013 U.S. Dist. LEXIS 76940, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-morales-castro-prd-2013.