United States v. Trinidad-Rivera

130 F. Supp. 3d 513, 2015 U.S. Dist. LEXIS 123234, 2015 WL 5330397
CourtDistrict Court, D. Puerto Rico
DecidedSeptember 14, 2015
DocketCrim. No. 14-004(GAG-PG)
StatusPublished

This text of 130 F. Supp. 3d 513 (United States v. Trinidad-Rivera) 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. Trinidad-Rivera, 130 F. Supp. 3d 513, 2015 U.S. Dist. LEXIS 123234, 2015 WL 5330397 (prd 2015).

Opinion

OPINION AND ORDER

JUAN M. PÉREZ-GIMÉNEZ, District Judge,

On December 3, 2013, the United States filed a criminal complaint against defendants Francisco Trinidad Rivera (“Trinidad”) and Aileen Rivera Burgos (“Rivera”). Later, on January 2, 2014, the government indicted Trinidad for being a convicted felon in illegal possession of several firearms ’ in violation of 18 U.S.C. §§ 922(g)(1), 924(a)(2) and Rivera for misprision of a felony in violation of 18 U.S.C. § 4.

The matter is before the undersigned on Trinidad’s request to suppress the evidence against him (Docket No. 30, 74) filed on January 30, 2014, which defendant Rivera joined (Docket No. 67). The United States opposed déféndants’ motion to suppress on December 31, 2014 (Docket No. 77) and a hearing was held.on June 30, 2015.

For the reasons discussed below, the undersigned finds that the officers’ entry into Trinidad’s home violated defendants’ Fourth Amendment rights, and they are thus entitled to the suppression of the evidence seized from him. As such, the motion to suppress is GRANTED.

I. FACTUAL FINDINGS

After having opportunity to listen to the testimony proffered at the suppression hearing by PRPD Officers Richard Negron Aponte (“Negron”), Lieutenant Ferdinan Acosta (“Acosta”), Rafael Rivera Romero (“Rivera-Romero”) and both defendants, the court will now summarize their statements herein.

PRPD Officer Richard Negron Aponte

Negron is an investigative officer at the Puerto Rico Police Department (PRPD), who partook in defendants’ arrest. During the suppression hearing, Negron testified that in December of 2013, he was investigating the whereabouts of, fugitive Ramon Ortiz Ramos (“Ramon” or “the fugitive”). According’ to Negron, he received a tip from an informant1 that told him that' the fugitive was hiding in a home in the municipality of Vega Baja. Negron testified that the evening prior tor defendants’ arrest, on [515]*515or about eight or nine in the evening, he met with the informant, who pointed out the home where the fugitive was allegedly-hiding. To questions from the prosecutor, the witness answered as follows:

Q. ALL RIGHT. AND AT SOME POINT THAT NIGHT DID YOU OBSERVE THE FUGITIVE?
A. YES. WHILE I’M DRIVING WITH THE INFORMANT, THE INFORMANT POINT OUT: LOOK AT RAMÓN RIGHT THERE, AND HE WAS CROSSING THE STREET.
Q. WHERE DID YOU OBSERVE HIM GOING?
A. TOWARD THE HOME.
Q. AND WHAT DID YOU DO? DID YOU ATTEMPT TO ARREST HIM AT THAT MOMENT?
A. NO.
Q. WHAT DID YOU DO NEXT?
A. I EXITED THE AREA, I EXITED THE DEVELOPMENT, I CALLED THE DIRECTOR OF MY OFFICE, LIEUTENANT ACOSTA. I INFORMED HIM OF THE SITUATION AND HE TOLD ME: LET’S WORK ON THAT, TO THEN COME IN THE EARLY MORNING HOURS.

Transcript ■ of Suppression Hearing (“Transcript”), page 8. Negron testified that he returned to the residence in question in the early morning hours of December 3rd, 2013 with a group of more than ten task force officers of the Federal Marshal Service and members of the PRPD. They were armed with rifles, shields and bullet-proof vests. Negron admitted. to not having a warrant to enter this house.

Notwithstanding, Negron testified that the marshals went up a set of stairs and through a hallway before knocking on a door of the second floor of the house. And while admitting they went through a gate before being able to' climb the set of stairs that leads to -this second story,2 he denied seeing the gate was -locked with a padlock or seeing any one of the officers ahead- of him break a padlock to enter the premises.3 Transcript, pages 41-44.

Negron identified defendant Trinidad as the man that answered the door and came out. Negron confirmed to the rest óf the officers that Trinidad was nót the fugitive and according to him, Trinidad walked out into the second-floor balcony to be interviewed. The defendant admitted knowing the fugitive but denied he was in his house. To that effect, Negron testified:

Q. AND AS YOU WERE SPEAKING WITH :THE DEFENDANT, WHERE WERE THE MARSHALS?
A.- AT THE DOOR, THEY WERE OUTSIDE STILL WAITING.
Q. ALL RIGHT. NOW, AT SOME POINT DID. YOU ASK THE DEFENDANT IF YOU COULD ENTER THE APARTMENT?
A. I ASKED HIM IF WE COULD GO INSIDE TO CHECK IF RAMÓN WAS THERE.
Q. AND WHAT DID THE DEFENDANT SAY?
A. HE SAID:' IF IT’S' TO GO IN TO LOOK FOR RAMÓN, THERE’S NÓ PROBLEM.
Q. AND AFTER THE DEFENDANT STATED THAT TO YOU, WHAT DID YOU DO NEXT?
A. NO, THEN IT WAS THE LIEUTENANT WHO. .GAVE THE INSTRUCTIONS TO—
[516]*516Q. WHO GAVE THE' INSTRUCTIONS TO WHO?
A. LIEUTENANT ACOSTA.
Q. ' WHAT DID ■ LIEUTENANT ACOSTA INSTRUCT THE MARSHALS TO DO? •. ,
A. TO GO IN AND CHECK AND SEE IF THE FUGITIVE WAS INSIDE,

Transcript, pages 18-19. According to Negron, defendant Trinidad did not ask whether the agents had a warrant nor told them that without; a warrant they could not, enter the house. Transcript, page 46. After going in, Negron stated that he saw defendant Rivera and two minors in the living room. Negron described that after the search team entered the house, Trinidad followed them and, in turn, Lieutenant Acosta followed after Trinidad. Transcript, page 48. After the search," Negron claims one of the agents showed a rifle he found. Id.

. On cross-examination, Negron admitted he never saw the fugitive go inside Trinidad’s home, just crossing the street in the vicinity of the home, and that seven to eight hours, elapsed between the time he saw the fugitive and the PRPD officers’ arrival to Trinidad’s, home. See Transcript, page 39-40.

Lieutenant Ferdinan Acosta

Acosta also works for the PRPD. He testified that on December 2nd, 2013, he received a phone call from Negron requesting the personnel and support to arrest the fugitive. In response, Acosta askéd Negron to prepare to go in the next day, which they did on December 3, 2013 during the early morning hours along with twelve (12) to fourteen (14) agents. Acosta testified that he was not aware of any locks being broken to ascend to the second floor of the house through the stairway. See Transcript, pages 56-57. Acosta also stated that defendant Trinidad walked a couple feet out of the door towards the agents after opening the door, at which point Acosta and Negron asked him some questions about Ramon. According to the Lieutenant, he asked Trinidad if they could go inside to look for the fugitive and Trinidad responded: “If you are going to look for Mr. Ortiz, it’s okay.”4 See Transcript, page 60.

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

Related

Weeks v. United States
232 U.S. 383 (Supreme Court, 1914)
Schneckloth v. Bustamonte
412 U.S. 218 (Supreme Court, 1973)
Payton v. New York
445 U.S. 573 (Supreme Court, 1980)
New Jersey v. T. L. O.
469 U.S. 325 (Supreme Court, 1985)
United States v. Montoya De Hernandez
473 U.S. 531 (Supreme Court, 1985)
Minnesota v. Olson
495 U.S. 91 (Supreme Court, 1990)
Hudson v. Michigan
547 U.S. 586 (Supreme Court, 2006)
Brigham City v. Stuart
547 U.S. 398 (Supreme Court, 2006)
United States v. Perez-Montanez
202 F.3d 434 (First Circuit, 2000)
United States v. Chhien
266 F.3d 1 (First Circuit, 2001)
United States v. Marshall
348 F.3d 281 (First Circuit, 2003)
United States v. Werra
638 F.3d 326 (First Circuit, 2011)
Kentucky v. King
131 S. Ct. 1849 (Supreme Court, 2011)
United States v. Gamache
792 F.3d 194 (First Circuit, 2015)

Cite This Page — Counsel Stack

Bluebook (online)
130 F. Supp. 3d 513, 2015 U.S. Dist. LEXIS 123234, 2015 WL 5330397, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-trinidad-rivera-prd-2015.