United States v. Santiago Vega

228 F. Supp. 2d 2, 2002 U.S. Dist. LEXIS 21704, 2002 WL 31317244
CourtDistrict Court, D. Puerto Rico
DecidedOctober 10, 2002
DocketCrim. 02-071 (DRD)
StatusPublished
Cited by4 cases

This text of 228 F. Supp. 2d 2 (United States v. Santiago Vega) 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. Santiago Vega, 228 F. Supp. 2d 2, 2002 U.S. Dist. LEXIS 21704, 2002 WL 31317244 (prd 2002).

Opinion

OPINION AND ORDER

DOMINGUEZ, District Judge.

Pending before the Court is defendants’ Juan Santiago-Vega (“Santiago-Vega” or “Defendant”), motion to suppress evidence, filed on April 22, 2002. (Docket No.26). On April 24, 2002, the Court held a Pretrial Conference, where this matter was referred to Magistrate Gustavo Gelpi, for Report and Recommendation (R & R). (Docket No. 30). The Government filed opposition to the motion to suppress, on May 14, 2002. (Docket No. 32). A hearing on suppression was held before Magistrate Gelpi, on June 3, 2002,(Docket No. 35). Magistrate Gustavo Gelpi issued his R & R, on June 18, 2002, recommending denial of Santiago-Vega’ motion to suppress, and granting the defendant ten-days (10) days to file objections thereto. (Docket No. 37).

On June 24, 2002, the Court granted Defendant ten (10) days following receipt of the transcripts from the suppression hearing to oppose the R & R. (Docket No. 40). Santiago-Vega filed his objections to the R & R, on July 22, 2002. (Docket No. 44). The Government filed its opposition to the Defendant’s objections to the R & R, on August 5, 2002. (Docket No. 45). On August 15, 2002, the Defendant filed a motion to provide “supplemental citation authority,” advising the Court of a local case, from the Supreme Court of Puerto Rico, which allegedly stands for the proposition that a search is illegal (in Puerto Rico, of course), if it is based only on the fact that a person had a bulge in his body. (Docket No. 49). On August 29, 2002, the Government responded to this motion. (Docket No. 52). The Defendant replied thereto, soon thereafter on September 10, 2002. (Docket No. 53). Notwithstanding, for the reasons stated below, defendants’ motion is hereby DENIED. (Docket No. 26).

I

On February 7, 2002, at approximately 10:15 p.m., deputy U.S. Marshall, Roberto Vizcarrondo, was at a Gulf gas station located in Road No. 167, intersection with Sabana Seca Avenue, in Levittown, Toa Baja. While he was gassing his vehicle there, he observed Mr. Juan Santiago-Vega, the defendant, arriving in a black Mercedes Benz (SUV) which parked across from him on the other side of the gas pump. Then he observed the defendant lean back and put something into the right side of his waist band. After that, the defendant stepped out of the SUV, walked in front of Vizearrondo’s car, and the officer saw a bulge on the right side of defendant’s shirt, which Vizcarrondo, do to his training and experience, believed to be a concealed firearm. Due to his experience in that high crime area, he believed that the firearm was going to be used to commit a crime at the gas station. He immediately called the FBI switchboard, and requested the operator to run an investigation on the license plate of the defendant’s vehicle and he also called the Police of Puerto Rico Headquarters. Vizcarrondo established communication, and told them that he was a federal agent, that he was by himself at a gas station, and that he had observed what appeared to be an armed individual walking into a gas station which appeared to have intentions of assaulting the place with a weapon.

*5 Minutes after, Deputy Marshall Vizcar-rondo exited the gas station, drove over on 167 Road North, made a “u” turn up at the next traffic light and positioned himself across from the gas station, on the other side of Road No. 167. From that position, he could observed the defendant and the SUV moved. When police officers from the Levittown precinct got there minutes later, they decided to follow defendant’s SUV and intervene. Defendant was stopped by two police cars which had been dispatched, following agent Vizcarrondo’s call to the local authorities. Police agents, Alexander Quiles, and Rafael Figueroa were in their patrol cars and ordered the defendant to stop. They activated their siren twice when the defendant refused to stop on the first siren notice. Then, the defendant came to a full stop at a place called Davinson Plaza, near the gas station.

Immediately, agent Figueroa began asking the defendant questions while Agent Quiles was standing next to them. The SUV door was left open and therefore, agent Quiles was able to see inside the SUV, which had its interior light lit. Agent Quiles detected, in between the front seats, a plastic bag containing what appeared to be white powder. The agent proceeded to reach for the plastic bag and, at that moment, he was also able to see a weapon lying on the floor of the passenger side of the vehicle. After examining the contents of the plastic bag and the gun, both agent Figueroa and agent Quiles put Mr. Santiago Vega under arrest.

On April 22, 2002, the defendant filed a motion to suppress evidence, arguing that an invalid “Terry Stop” occurred (Docket No. 26). On June 18, 2002, Magistrate Gelpi issued a Report, recommending that defendant’s motion to suppress (Docket No. 37) be denied. On July 22, 2002, defendant filled objections to R & R, and requesting that the suppression of the firearm, magazines, bullets, and drugs found in this case be granted (Docket No. 44).

II

The District Court may refer dispositive motions to a United States Magistrate Judge for a Report and Recommendation. 28 U.S.C. § 636(b)(1)(B) (1993); fed. R.Crv.P. 72(b); Rule 503, Local Rules, District of Puerto Rico. See Mathews v. Weber, 423 U.S. 261, 96 S.Ct. 549, 46 L.Ed.2d 483 (1976). Of course, an adversely affected party may contest the Magistrate’s report and recommendation by filing its objections within ten (10) days after being served a copy thereof. See Local Rule 510.2(A); FED.R.CrvP. 72(b). Moreover, 28 U.S.C. § 636(b)(1), in pertinent part, provides that:

Within ten days of being served with a copy, any party may serve and file written objections to such proposed findings and recommendations as provided by rules of court. A judge of the court shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made. A judge of the court may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate.

See 28 U.S.C. § 636(b)(1).

However, pursuant to Fed.R.Civ.P. 72(b), “[ajbsent objection by the plaintiffs, the district court had a right to assume that plaintiffs agreed to the magistrate’s recommendation.” Templeman v. Chris Craft Corp., 770 F.2d 245, 247 (1st Cir.1985), ce rt. denied, 474 U.S. 1021, 106 S.Ct. 571, 88 L.Ed.2d 556 (1985). Moreover, “[fjailure to raise objections to the Report and Recommendation waives that party’s right to review in the district court and those claims not preserved by such objection are precluded on appeal.” Davet v. *6 Maccarone, 973 F.2d 22, 30-31 (1st Cir.1992). See also Henley Drilling Co. v. McGee,

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Bluebook (online)
228 F. Supp. 2d 2, 2002 U.S. Dist. LEXIS 21704, 2002 WL 31317244, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-santiago-vega-prd-2002.