United States v. Pineda

999 F. Supp. 2d 982, 2014 U.S. Dist. LEXIS 19089, 2014 WL 581757
CourtDistrict Court, M.D. Tennessee
DecidedFebruary 13, 2014
DocketNo. 3:13-00082
StatusPublished

This text of 999 F. Supp. 2d 982 (United States v. Pineda) is published on Counsel Stack Legal Research, covering District Court, M.D. Tennessee primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Pineda, 999 F. Supp. 2d 982, 2014 U.S. Dist. LEXIS 19089, 2014 WL 581757 (M.D. Tenn. 2014).

Opinion

MEMORANDUM

WILLIAM J. HAYNES, JR., Chief Judge.

The United States filed this action against the Defendants, Josué Castro Pineda, Raul Cedello Pena, and Ines Lopez Pena, who are charged with conspiracy to possess with the intent to distribute heroin and possession with the intent to distribute heroin.

Before the Court are motions to suppress filed by Defendants Ines Lopez Pena and Raul Cedello Pena (Docket Entry Nos. 52 and 54). Defendant Ines Pena Lopez moves to suppress certain evidence seized by the government pursuant to a search warrant and during his arrest on April 26, 2013 at 153 Ocala Drive, Antioch, [985]*985Tennessee. Defendant Lopez seeks suppression of the 1.7 kilograms of heroin found in Ocala residence; the cocaine and heroin seized from his person and his vehicle and text messages from his cellular telephone. Both Defendants contend that the police officers who conducted these searches, lacked probable cause for the search warrant for the residence and for their searches of these Defendants. These Defendants, who are not fluent in English, argue that they did not knowingly waive their Miranda1 rights and their post arrest statements to the officers should be suppressed. In its response, the Government contests each contention.

The Court held an evidentiary hearing, and set forth below are the Court’s review of the factual record and its conclusions of law.

A. Review of the Record

On February 1, 2013, officers with the Metro Nashville Police Department (“MNPD”) conducted surveillance of the residence at 153 Ocala Drive in Nashville based upon an anonymous tip that heroin was being distributed from this residence. The officers also followed a vehicle that left this residence and observed the vehicle’s occupants meet with occupants of a second vehicle at a Starbucks coffee shop at 5533 Edmondson Pike in Nashville, Tennessee. Based upon the anonymous tip and their observations, officers conducted a traffic stop of the second vehicle and an occupant told officers that he had just purchased seven grams of heroin from the occupants of the first vehicle whom the occupant identified as Reyes and Cordova. The officers then stopped the first vehicle in which Reyes and Cordova were occupants, but did not find any drugs.

Based on the results of the trash search, on April 25, 2013, the officers applied for and received a search warrant for 153 Ocala Drive that the officers executed on April 26, 2013. (Docket Entry No. 60-1 and 2). For the purposes of the Defendants’ motions to suppress, the police officer’s affidavit for the search warrant reads, in pertinent part:

2. In response to the information obtained detectives began to conduct surveillance on the residence. On February 1, 2013, your affiant and other detectives with the South Precinct Crime Suppression Unit were conducting surveillance on the residence. Your affiant observed a blue Nissan Xterra bearing Tennessee license plate J6076B in the driveway of the residence. Two males exited the front door of the residence and entered the vehicle. The vehicle then pulled out of the driveway. The vehicle was followed by detectives to the parking lot of the Starbucks located at 5533 Edmondson Pike. Once the vehicle was parked into the parking lot, Detective Brandon Tennant observed a male white exit out of a gold Chevy Blazer, also parked in the parking lot, walk over to the blue Nissan Xterra and enter the back seat on the passenger side. A short time later the same male white exited out of the blue Nissan Xterra and walk directly back to and enter the gold Chevy Blazer.
3. Detective David Boone followed the gold Chevy Blazer and conducted a traffic stop on the vehicle. Detective Boone made contact with the driver and only occupant of the vehicle. The drive, Matthew Tidwell D.O.B. [] 1983, stated to Detective Boone that he had just purchased heroin and told Detective Boone its location inside his vehicle. A search of the vehicle located a white balloon that contained approximately .7 grams [986]*986of a brown tar substance that field tested positive for heroin, in the passenger side floorboard. Tidwell was mirandized and stated he understood. Tidwell then told Detective Boone that he had purchased the heroin from the occupants of the blue Nissan Xterra.
4. Surveillance was maintained on the blue Nissan Xterra. The vehicle was followed by detectives to the Kroger parking lot located at 5771 Nolensville Pike. A male white was observed by your affiant walking to and entering the back seat passenger side of the blue Nissan Xterra. The vehicle then left the parking lot westbound on Old Hickory Blvd. A traffic stop was conducted on the vehicle for failing to use his turn signal when turning right onto Hickory Plaza Drive. The driver of the vehicle was identified as Andres Mondragon Reyes., The front seat passenger of the vehicle was identified as Rogelio Ruiz Cordova. The blue Nissan Xterra bearing Tennessee license plate J6076B was shown to be registered to Luis Hernandez of 153 Ocala Drive Antioch, TN 37013. Andres Mondragon Reyes stated that he lives at 153 Ocala Drive. Andres Mondragon Reyes and Rogelio Ruiz Cordova were not found to be in possession of any illegal drugs and released.
6. Items located in the trash were the following: five paper plates with a brown tar like substance, nine plastic baggies with a brown tar like substance, duct tape with plastic attached to the bottom with brown tar like substance, and seven balloons. A portion of the brown tar like substance from one of the paper plates was field tested. The substance field tested positive for heroin. Also located in the trash was one piece of mise paperwork/mail that was addressed to “Our Neighbor” and had the address of 153 Ocala Drive Antioch, TN 37013 listed on. it. The listed items leads your affiant to believe that the trash with it’s illegal contents were discarded from 153 Ocala Drive Antioch, Davidson County, Tennessee, 37013.
7. A check of NES record shows an active account in the name of Roberto 0. Ceja.
8. On 04/25/2013 your affiant went to 153 Ocala Drive and observed a grey Ford Mustang, bearing Tennessee License plate 710MMC, in the additional parking area for the residence. A check of the registered owner of the vehicle shows Andres Mondragon Reyes with an address of 153 Ocala Drive Antioch, TN 37013.
9. Through your affiant’s training and experience, I have learned that heroin is wrapped in plastic then wrapped inside a balloon for the purpose of selling it.

(Docket Entry No. 60-2).

April 26, 2013, Metro Police Department officers with the South Precinct Crime Suppression Unit executed a state search warrant for a house located at 153 Ocala Drive, Antioch, Tennessee. At the time the officers executed the warrant, Armando Morales and Raul Cedello-Pena were inside the residence. The officers’ search of the residence revealed approximately 4 pounds of heroin that was packaged in numerous bags and balloons in a second floor closet in an upstairs bedroom. The lock on this closet door was a new brushed nickel entry lock, but the other door accessories were brass. A Lorcin 9mm pistol in plastic with a bleach like substance was also in this upstairs bedroom. On a table in this bedroom was heroin residue, scissors, and balloon trimmings at the table’s legs.

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

Related

Miranda v. Arizona
384 U.S. 436 (Supreme Court, 1966)
Oregon v. Mathiason
429 U.S. 492 (Supreme Court, 1977)
Rakas v. Illinois
439 U.S. 128 (Supreme Court, 1979)
Michigan v. Summers
452 U.S. 692 (Supreme Court, 1981)
Illinois v. Gates
462 U.S. 213 (Supreme Court, 1983)
Massachusetts v. Upton
466 U.S. 727 (Supreme Court, 1984)
United States v. Leon
468 U.S. 897 (Supreme Court, 1984)
Colorado v. Connelly
479 U.S. 157 (Supreme Court, 1986)
United States v. Dunn
480 U.S. 294 (Supreme Court, 1987)
Minnesota v. Carter
525 U.S. 83 (Supreme Court, 1999)
United States v. Esteban Leon Gonzales
749 F.2d 1329 (Ninth Circuit, 1984)
United States v. Guadalupe Javier Heredia-Fernandez
756 F.2d 1412 (Ninth Circuit, 1985)
United States v. Steven F. Cochran
939 F.2d 337 (Sixth Circuit, 1991)
United States v. Shaouie Alaouie
940 F.2d 663 (Sixth Circuit, 1991)
United States v. Aaron L. Salvo
133 F.3d 943 (Sixth Circuit, 1998)
United States v. Terrance D. Brown
147 F.3d 477 (Sixth Circuit, 1998)
United States v. Christopher J. Mahan
190 F.3d 416 (Sixth Circuit, 1999)
United States v. James M. Bohannon
225 F.3d 615 (Sixth Circuit, 2000)
United States v. Karen Anderson-Bagshaw
509 F. App'x 396 (Sixth Circuit, 2012)

Cite This Page — Counsel Stack

Bluebook (online)
999 F. Supp. 2d 982, 2014 U.S. Dist. LEXIS 19089, 2014 WL 581757, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-pineda-tnmd-2014.