United States v. Polanco

48 V.I. 744, 2007 WL 218727, 2007 U.S. Dist. LEXIS 8943
CourtDistrict Court, Virgin Islands
DecidedJanuary 25, 2007
DocketCriminal No. 2006-39
StatusPublished

This text of 48 V.I. 744 (United States v. Polanco) is published on Counsel Stack Legal Research, covering District Court, Virgin Islands primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Polanco, 48 V.I. 744, 2007 WL 218727, 2007 U.S. Dist. LEXIS 8943 (vid 2007).

Opinion

GOMEZ, Chief Judge

MEMORANDUM OPINION

(January 25, 2007)

Before the Court are the suppression motions of Francisco Perez Polanco (“Polanco”) and Domiquite Mathurin (“Mathurin”) (collectively, the “defendants”). Polanco seeks suppression of all evidence seized during the search of the vehicle in which he was a passenger on June 15, 2006. Mathurin seeks to suppress all physical evidence seized during a search of the vehicle in which he was a passenger on June 15, 2006, as well as any evidence seized from his person during a search that occurred after he was arrested. Mathurin also moves to suppress all statements he made while he was in custody. A suppression hearing was held in this matter on November 2, 2006.

[747]*747I. FACTS

At approximately 11:00 a.m. on June 15, 2006, the Drug Enforcement Administration (the “DEA”) received a call from Immigration and Customs Enforcement (“ICE”) agents, indicating that a suspicious vessel was en route from Culebra, Puerto Rico to St. Thomas, U.S. Virgin Islands. ICE described the vessel as blue in color and low to the water line. ICE also indicated that the vessel had two outboard engines and no apparent recreational equipment on board. Approximately twenty minutes later, DEA Special Agent Michael Aguilar and High Intensity Drug Trafficking Area (“HIDTA”) Task Force Agent Shawn Querrard observed the vessel at Crown Bay Marina (“Crown Bay”). The agents conducted surveillance on the vessel for approximately ten minutes.

Customs and Border Protection inspector Richard Peak interviewed Crown Bay personnel regarding the vessel and learned that an individual by the name of Francisco Perez had checked in to the dock space on the morning of June 15, 2006, and planned to check out at midnight that night. The DEA agents showed a photograph of Polanco to Crown Bay personnel, who identified him as the individual who had rented the dock space. Crown Bay personnel also indicated that Polanco had no luggage, and that he had requested a taxi to the nearest hotel.

After contacting several hotels in the area, Agent Aguilar learned that Polanco had checked into the Island Beachcomber Hotel (the “Beachcomber”) on June 15, 2006. The agents discovered that he was staying in Room 207, and was scheduled to check out the next day, on June 16, 2006. A criminal records check of Polanco indicated that he had been arrested in Puerto Rico with approximately six kilograms of cocaine on April 26, 2004. He had also been detained in Puerto Rico with approximately $260,000 in cash on September 18,2004.

At around noon on June 15, 2006, the agents set up surveillance at the Beachcomber. Several agents participated in the surveillance throughout the day. At approximately 7:30 p.m., the agents saw a green Toyota 4-Runner (the “4-Runner”) enter the Beachcomber parking lot. The agents observed a driver in the 4-Runner, later identified as Dioniso Mercedes (“Mercedes”), as well as one passenger, later identified as Mathurin. Mathurin exited the vehicle carrying a light-colored plastic bag and entered Room 207. A few minutes later, Mathurin left the room without the bag and drove away in the 4-Runner driven by Mercedes.

[748]*748Approximately two hours later, Mathurin and Mercedes returned to the Beachcomber in the green Toyota 4-Runner. Mathurin entered Room 207 with a dark-colored bag. He left approximately one to two minutes later without the bag. A few minutes later, the agents saw Polanco exit Room 207 with a small tan colored backpack. As he left the room, Polanco stopped to looked [sic] around. He then followed Mathurin, but walked some distance behind him. Agent Aguilar testified at the suppression hearing that he found the manner in which the defendants exited the hotel room to be suspicious, stating that it “defied commonsense.” (Suppression Hr’g Tr. 15, November 1, 2006) (hereinafter “Hr’g Tr.”). Both Polanco and Mathurin entered the 4-Runner, which exited the parking lot and drove toward Crown Bay.

Moments later, the agents stopped the vehicle and ordered the occupants to get out. Polanco, who had been sitting in the rear passenger seat, exited the vehicle and immediately fled on foot towards the Best Western Emerald Beach Hotel and into the bushes. The agents apprehended and arrested Polanco outside the vehicle. Mathurin and Mercedes were also arrested. A search of the vehicle uncovered a small tan backpack on the back seat, which appeared to be the same backpack the agents had seen Polanco carrying as he left the hotel room. Inside the backpack, the agents found 2.2 kilograms of a substance that later tested positive for cocaine.

On July 6, 2006, a grand jury returned a two-count indictment against the defendants. Count I alleges that Polanco and Mathurin, while aiding and abetting each other, knowingly and intentionally possessed with the intent to distribute 2.2 kilograms of a mixture and substance containing a detectable amount of cocaine hydrochloride, a Schedule II narcotic controlled substance, in violation of 18 U.S.C. § 2, and 21 U.S.C. §§ 841(a)(1), and (b)(l)(B)(iii). Counts II and III allege that Polanco and Mathurin, respectively, knowingly and intentionally used communication facilities (cellular phones) in committing, causing, or facilitating the commission of possession with intent to distribute a Schedule II narcotic substance (cocaine) in violation of 21 U.S.C. §§ 843(b) and (d)(1).

In his motion to suppress, Polanco contends that the agents violated his Fourth Amendment rights by stopping the 4-Runner without reasonable suspicion. He seeks suppression of all evidence seized as a result of the stop.

[749]*749Mathurin argues that the agents violated his Fourth Amendment rights by conducting a “search, seizure and/or arrest” without probable cause or any other legal justification. Fie seeks to suppress all evidence seized and statements made as a result.1 Mathurin does not, however, allege any violation of his Miranda rights or any defect in his waiver thereof.

II. DISCUSSION

The Fourth Amendment protects citizens “against unreasonable searches and seizures.” U.S. CONST., amend. IV.2 “What is reasonable depends upon all of the circumstances surrounding the search or seizure and the nature of the search or seizure itself.” United States v. Montoya de Hernandez, 473 U.S. 531, 537, 105 S. Ct. 3304, 87 L. Ed. 2d 381 (1985). There is a presumptive requirement that searches or seizures be carried out pursuant to a warrant. See Katz v. United States, 389 U.S. 347, 357, 88 S. Ct. 507, 19 L. Ed. 2d 576 (1967) (“[Searches conducted outside the judicial process, without prior approval by judge or magistrate, are per se unreasonable under the Fourth Amendment— subject only to a few specifically established and well — delineated exceptions.”) (internal citations omitted).

In some instances, warrantless searches or seizures will be considered reasonable if based on probable cause. See Hill v. California,

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Bluebook (online)
48 V.I. 744, 2007 WL 218727, 2007 U.S. Dist. LEXIS 8943, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-polanco-vid-2007.