United States v. Vicente-Lucas

826 F. Supp. 2d 422, 2011 U.S. Dist. LEXIS 129699, 2011 WL 5442728
CourtDistrict Court, D. Puerto Rico
DecidedNovember 9, 2011
DocketCrim. No. 11-132(PG)
StatusPublished
Cited by1 cases

This text of 826 F. Supp. 2d 422 (United States v. Vicente-Lucas) 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. Vicente-Lucas, 826 F. Supp. 2d 422, 2011 U.S. Dist. LEXIS 129699, 2011 WL 5442728 (prd 2011).

Opinion

OPINION & ORDER

JUAN M. PEREZ-GIMENEZ, Senior District Judge.

Pending disposition by this Court is defendant Mansio Vicente-Lucas’ (hereinafter “Vicente-Lucas”) Motion to Suppress. Docket No. 28. Vicente-Lucas moves to suppress all of the evidence seized as a result of a warrantless search effectuated on his vehicle by Puerto Rico Police Department (PRPD) officers on the evening of April 7, 2011. The United States opposed his request (Docket No. 29). Upon careful review of the parties’ filings as well as the evidence presented at the suppression hearing, the Court DENIES Vicente-Lucas’ Motion.

I. Findings of Fact

The Court, after having opportunity to examine the testimony proffered at the suppression hearing by PRPD Officer Jorge Dávila-Barrios, taking into account the witness’ demeanor, credibility and appearance, makes the following findings of fact.

During the evening of April 7, 2011, PRPD Officers Jorge Luis Dávila-Barrios and Juan Alvarado were on patrol along Puerto Rico Highway No. 52 North, near the exit to the town of Salinas. At approximately 8:30 pm they observed Vicente-Lucas’ vehicle, a dark green Jeep Wrangler, driving on the left lane of said highway, at what they thought was a relatively low rate of speed. The Officers clocked his speed at 38 mph via the use of a radar gun, which would have meant he was violating section 5.03(a) of the Puerto Rico Vehicles and Transit Act, Act. No 22 of January 7, 2000, P.R. Laws Ann. tit. 9, § 5123 (Law 22), as the section of the Highway in which he was traveling had a posted speed limit of 65 mph.1

[425]*425After gauging Vicente-Lucas’ speed, Officer Dávila-Barrios drove his patrol car alongside Vicente-Lucas’ until both were parallel to each other. Officer DávilaBarrios then observed that Vicente-Lucas’ vehicle had dark tinted windows, and testified that he could not see the occupants of the vehicle nor the dashboard lighting inside.2 In Puerto Rico, the altering of a motor vehicle’s windows with tints or other materials that produce a percentage of transmission of visible light that is less than 35 per cent is illegal. See § 10.05 of Law 22, P.R. Laws Ann. tit. 9, § 5285. Having observed that Vicente-Lucas was possibly in violation of both sections 5.03 and 10.05 of Law 22, Officer Dávila-Barrios engaged his lights and siren and ordered Vicente-Lucas to pull over his vehicle unto the hard shoulder lane. Officer Dávila-Barrios then followed Vicente-Lucas’ vehicle and parked his patrol car about five or six feet behind, in an area under several lamp posts.

Officer Dávila-Barrios approached the vehicle and noticed that the driver’s window was open, allowing him to see the driver (Vicente-Lucas) and his front passenger, Josué Díaz-Bermúdez, the other co-defendant in this case (hereinafter “Díaz-Bermúdez”). Officer Alvarado also approached the vehicle along its passenger side, in order to provide cover for his partner. Officer Dávila-Barrios testified that at that point he was not able to determine whether there were any more occupants in the backseat of the vehicle, due to the tinting of the rear windows. He then informed Vicente-Lucas of his traffic violations and ordered him to produce his driver’s license and registration. Vicente-Lucas turned on a light inside his vehicle and started to search for the documents. As he handed over his documents, Officer Dávila-Barrios was able to observe the front part of a weapon protruding from underneath Vicente-Lucas’ seat. About 12 inches of the front-end of the weapon were visible to Officer Dávila-Barrios.

Officer Dávila-Barrios immediately ordered Vicente-Lucas to exit the vehicle and then proceeded to seize the weapon, which turned out to be a fully loaded Carbon-15 Pistol Caliber 5.56 Nato.3 The weapon also had an additional magazine attached to it. Upon occupying it, Officer Dávila-Barrios unloaded it and instructed Vicente-Lucas to move over next to his patrol car. He also instructed Officer Alvarado to arrest passenger Díaz-Bermúdez. Officer Dávila-Barrios then proceeded to arrest Vicente-Lucas while reading him his rights under Miranda. During his arrest, Vicente-Lucas was standing alongside the patrol car, about five feet from the detained vehicle.

Once Vicente-Lucas was placed under arrest, he told Officer Dávila-Barrios that he had a permit to carry firearms. Vicente-Lucas told the Officer that the permit was in his waist pouch, and the Officer proceeded to inspect it with Vicente-Lucas’ permission. However, despite the seemingly valid license, at that point Offi[426]*426cer Dávila-Barrios still believed that Vicente-Lucas was in violation of the Puerto Rico Arms Act, Act. No. 404 of September 11, 2000, P.R. Laws Ann. tit. 25, § 455, et seq. (the “Arms Act”). Section 2.02(d)(1) of the Arms Act confers licensees the right to possess, bear and transport firearms, provided that they be “borne, carried, and transported in a hidden and unobtrusive manner ...” P.R. Laws Ann. tit. 25, § 456a(d)(l). Section 1.02(x) defines the transportation of a firearm as:

the mediate or immediate possession of a weapon for the purpose of taking it from one place to another. Said transportation must be carried out by a person with a current weapons license and the weapon must be unloaded and transported inside a closed case whose contents are not visible and which may not be in plain sight. P.R. Laws Ann. tit. 25, § 455(x) (our emphasis).

Officer Dávila-Barrios testified that, at the time he arrested Vicente-Lucas, he believed Vicente-Lucas was in violation of the referenced dispositions of the Arms Act, as Vicente-Lucas’ weapon was loaded, in plain sight and not in a holster.

As this was transpiring, Officer Alvarado had already placed Díaz-Bermúdez under arrest and had sat him down on the guardrail bordering the road, as Díaz-Bermúdez was limping and using crutches. The guardrail was an estimated two to three feet from Vicente-Lucas’ vehicle.

Officer Dávila-Barrios then asked Vicente-Lucas whether he had any additional firearms “or anything else” in the car. Vicente-Lucas replied that he had another weapon in his vehicle which was unloaded and rested inside a black bag on the backseat. Officer Dávila-Barrios proceeded to move Vicente-Lucas right next to his partner and Díaz-Bermúdez. Then, as he began to search inside a black bag situated on the back seat which he thought contained the weapon, he found an inordinate amount of small yellow bags, containing what he believed to be, from his experience as a police officer, crack. He also found several blue bags as well as two transparent bags containing a white powder, which from his experience he understood to be cocaine. Vicente-Lucas allegedly told Officer Dávila-Barrios that he did not know what those materials were and that they were there because he had given his passenger a lift. Officer DávilaBarrios then took the bag to the patrol car and again asked Vicente-Lucas about the location of the second firearm. He again replied that the weapon was in the backseat of the car.

Officer Dávila-Barrios, this time opening the right rear door of the vehicle, was then able to find another black bag resting on the backseat. This bag contained an unloaded weapon along with three loaded magazines and a box containing an assortment of different bullet types. The weapon in question turned out to be an FN Herstal Belgium handgun.4

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Related

United States v. Hernandez-Mieses
257 F. Supp. 3d 165 (D. Puerto Rico, 2017)

Cite This Page — Counsel Stack

Bluebook (online)
826 F. Supp. 2d 422, 2011 U.S. Dist. LEXIS 129699, 2011 WL 5442728, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-vicente-lucas-prd-2011.