United States v. Vilches-Navarrete

413 F. Supp. 2d 60, 2006 WL 266264
CourtDistrict Court, D. Puerto Rico
DecidedJanuary 27, 2006
DocketNo. 05-66 (PG)
StatusPublished
Cited by8 cases

This text of 413 F. Supp. 2d 60 (United States v. Vilches-Navarrete) 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. Vilches-Navarrete, 413 F. Supp. 2d 60, 2006 WL 266264 (prd 2006).

Opinion

OPINION & ORDER

PEREZ-GIMENEZ, District Judge.

Before the Court is defendant Pedro Valladares-Benitez’s “Motion to Dismiss Indictment and to Suppress Evidence and [63]*63Statements” (Docket No. 95).1 For the reasons set forth below, defendant Valla-dares-Benitez’ motion is DENIED with regards to dismissal and suppression of evidence, and HELD IN ABEYANCE until trial with regards to suppression of statements. Also before the Court is defendant Emmanuel-Jean’s “Motion to Suppress Posb-Arrest Statements” (Docket No. 96), which the Court hereby HOLDS IN ABEYANCE until trial.

I. Factual Background2

In order to place the facts of this case in their proper legal context from the outset, the Court notes that, as explained in more detail in section III(D), infra, to satisfy the strictures of the Fourth Amendment in the maritime context the government need only show that the Coast Guard acted upon “reasonable and articulable grounds for suspecting that the vessel or those on board [were] engaging in criminal activities ...” United States v. Green, 671 F.2d 46, 53 (1st Cir.), cert. denied 457 U.S. 1135, 102 S.Ct. 2962, 73 L.Ed.2d 1352 (1982). With this standard in mind, the Court now sets out the relevant facts.

On January 31, 2005, a United States Coast Guard Cutter was instructed to intercept and board the 165-foot coastal freighter M/V Babouth, which was located on the high seas approximately 70 nautical miles off the coast of Trinidad and Tobago. The government has proffered that the initial decision to approach the Babouth was based on “specific and reliable intelligence” regarding the vessel’s transportation of “a large quantity of cocaine” (Docket No. 131 at 14), and on the fact that the Coast Guard had monitored the ship throughout the previous night and observed smaller vessels traveling at high speeds towards it. Upon approaching the vessel, Coast Guardsman Mike Azevedo noticed the ship had distinguishing rub marks on its port side, but not on its starboard, an observation that tended to confirm the information they had gathered earlier through radar surveillance. The Coast Guard officers determined that the ship bore the flag of Honduras and, after obtaining a verbal statement of no objection to board the vessel and exercise jurisdiction over it from that nation, boarded the Babouth. Coast Guardsman Michael Azevedo first had a two-man team perform an Initial Safety Inspection of the vessel to guarantee its integrity and seaworthiness, while another two-man team secured the crew at the front of the ship’s superstructure. After asking the master of the vessel routine questions, officer Azevedo requested that he produce the ship’s registration documentation. Though the ship’s master handed officer Azevedo a Trinidadian affidavit stating that the original documentation had been lost, the boarding crew later found it on board the vessel. Officer Azevedo also noticed that, while the ship carried 560 pallets of concrete, only 350 were slated for delivery, a fact the master could not explain. Additionally, the ship’s global positioning system and navigation charts had been erased of all their data making it impossible to trace the Babouth’s travels.

The Coast Guard boarding team continued searching the vessel throughout the night and into the morning of February 1, [64]*642005. Officer Azevedo requested that he be given more personnel to continue the boarding of the mammoth vessel, and told his officer in charge that a dockside boarding would be safer and more productive. On February 2, 2005, officer Azevedo was informed that the USCG vessel Shamal would be on scene to assist and augment the boarding team. Coast Guard personnel performed ion scans on the Babouth’s crew, as well as on various locations throughout the vessel. Five of the nine crew members as well as several areas of the ship tested positive for cocaine particles. During the search at sea, one of the crew members (Luis Fernando Piedrahita-Calle) made contact with a member of the boarding party and stated that the ship’s captain, Luis Vilches-Navarrete, was known to offer his vessel to drug smuggling organizations for transportation of illegal narcotics. Piedrahita-Calle also stated that a subject, later identified as Halfani Omari-Sudi, had arrived on board with approximately twenty-five thousand dollars in U.S. currency, which he believed to be associated to a narcotics transaction.

On February 3, 2005, Officer Azevedo found 17 grams of what appeared to be amphetamines and. 58 grams of what appeared to be heroin in common spaces throughout the vessel. His suspicion was also aroused by an ICOM SSE Radio Telephone, ten 55-gallon drums, and an external 500 gallon fuel tank, which allows for quick refueling from the outer hull of the vessel. On February 4, 2005, while the boarding and search of the Babouth continued at 29 nautical miles west of St. Croix, USVI, officer Azevedo was directed to take the vessel to San Juan. On February 5, 2005, Immigration and Customs Enforcement (ICE), Federal Bureau of Investigation (FBI) and Drug Enforcement Administration (DEA) agents were transferred on board the Babouth before the vessel entered the port of San Juan. At 7:25am of February 5, 2005, the M/V Ba-bouth docked at the Coast Guard pier in San Juan.

Once the vessel was moored, the boarding continued, now aided by a multi-agency team. On February 6, 2005, a Customs and Border Protection canine was deployed on the vessel and alerted to the presence of narcotics, pursuant to which the boarding crew removed several pallets of cargo with negative results. That same day, the multi-agency boarding team also unloaded fuel and liquid ballasts in order to inspect all- tanks. On February 7, 2005, while the search of the vessel’s cargo hold and tanks continued, defendant Piedrahi-ta-Calle tossed a note in the direction of Coast Guardsman Angel Rodriguez that conveyed the former’s desire to talk to the boarding team. After agreeing on a plan so that the rest of the crew did not see Piedrahita-Calle speaking to the authorities, the defendant informed officer Rodriguez that he had noticed a secret compartment covered by a manhole, located by the stern tank. BMC Rodriguez drew a diagram of the area, where Piedrahita-Calle pointed to the location he had described earlier.

Armed with this information, BMC Rodriguez and MK3 Azevedo proceeded to the area Piedrahita-Calle had pointed out and peeled off several vinyl tiles that were adhered to the deck with fresh contact cement. The officers found a wooden hatch with a handle under the linoleum and, upon opening it, found 8-12 inches of sawdust and sand mixed with ammonia. When they removed the sawdust mixture, officer Azevedo found a hatch with a wrench to remove the bolts that secured it. Lieutenant Junior Grade Nicholas Friedman removed the bolts and was the first officer to access the tank to ensure that the space was gas-free and safe for entry. However, Lieutenant Friedman observed [65]*65the tank to be almost completely full of bags, making the certification difficult. Once secured, officer Azevedo removed one of the bales from inside the tank and tested it using a Narcotics Identification Kit, which alerted positive for cocaine. The team subsequently removed a total of 35 bales from inside the tank, all of which contained cocaine for a total of approximately 918 kilograms (2,030 lbs.) of the substance.

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Related

United States v. Harris
67 M.J. 550 (U S Coast Guard Court of Criminal Appeals, 2008)
United States v. Vilches-Navarrete
523 F.3d 1 (First Circuit, 2008)
United States v. Bravo
480 F.3d 88 (First Circuit, 2007)
United States v. Vilchenavarrete
413 F. Supp. 2d 60 (D. Puerto Rico, 2006)

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Bluebook (online)
413 F. Supp. 2d 60, 2006 WL 266264, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-vilches-navarrete-prd-2006.