United States v. Washington

145 F. Supp. 3d 646, 2015 WL 7016890
CourtDistrict Court, E.D. Louisiana
DecidedNovember 10, 2015
DocketCriminal Action No. 14-173
StatusPublished

This text of 145 F. Supp. 3d 646 (United States v. Washington) is published on Counsel Stack Legal Research, covering District Court, E.D. Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Washington, 145 F. Supp. 3d 646, 2015 WL 7016890 (E.D. La. 2015).

Opinion

ORDER AND REASONS

MARY ANN VIAL LEMMON, District Judge.

IT IS HEREBY ORDERED that Terrell Washington’s Motion to Suppress Illegally Obtained Evidence (Doc. #49) is DENIED. , .

BACKGROUND

On October 11, 2013, defendants, Terrell Washington and Jared Harris, entered the Walmart store located at 8912 Veterans Memorial Boulevard, Metairie, Louisiana. At the store’s Walmart Money Center, they attempted to. cash a United States Treasury check, for $2,130 payable. ,th J.S. Williamson F/B/O Parker D. Williamson, a seven-year-old -boy- who lives in Prattville, Alabama. '.Harris presented the check to the cashier. The cashier asked for identification, and Harris initially refused to provide any. Eventually, Harris presented a Georgia driver’s license" in the name of “Johnathon S. Williamson,” with Harris’ photograph on it. The cashier referred to an official manual on drivers’ license authenticity and consulted with another cashier who formerly lived in Georgia to determine whether the license was fraudulent. The cashier handed the license and check back to Harris. Then, Washington showed the cashier a different Georgia driver’s license, and asked if she thought it was fake as well. The cashier determined' that license' to be- fraudulent. ' Washington asked to speak to a manager. The cashier explained the'situation to a Walmart manager, who advised officers of the Kenner Police Department, Lieutenant Richard Mottley1 and Officer Michael Sigur,2 who [649]*649were working a security detail at the store, about the situation.

Officer Sigur and Lieutenant Mottley walked with the manager toward the Money Center, and the manager pointed out Washington and Harris. Washington and Harris then split up and walked in opposite directions.

Lieutenant Mottley approached Washington, who caused a disturbance. Lieutenant Mottley, assisted by another Ken-ner police officer, restrained Washington. Lieutenant Mottley patted Washington down and found a fraudulent Georgia driver’s license in the name of “Ray Robinson” that had Washington’s photograph. Lieutenant Mottley also found a Georgia driver’s license in the name of Terrell Washington, a United States military dependent identification card and two cards issued by an organization called “Divine Providence,” all with Washington’s photograph. Sometime later, a Walmart employee found a United States Treasury check made payable to “Janet Averitt” in a Coca-Cola display in the area where Washington struggled with Lieutenant Mottley.

Officer Sigur approached Harris. Harris refused to provide his identity. Officer Sigur heard what was happening with Washington, and convinced Harris to accompany him to that location, which was near Walmart’s loss prevention office. Washington and Harris were formally detained. As Officer Sigur searched Harris for weapons, he felt something in Harris’ pocket that was . the size and shape of a driver’s license. He also saw something flutter to the ground. A Walmart security employee pointed out that Harris had dropped something, which Harris was standing on. Officer Sigur picked up the object, and it was the United States Treasury check made payable to J.S. Williamson-F/B/O Parker D. Williamson. Officer Sigur again asked Harris to identify himself, and he refused. .Officer Sigur retrieved the driver’s licenses from Harris’ pocket and discovered one from Georgia with the name “Johnathon S. Williamson” and one from Ohio with the name “Jorge Aponte,” both licenses with Harris’ photograph. Officer Sigur also found in Harris’ pocket an electronic key fob for a rented 2013 Nissan Maxima. Washington and Harris were arrested on the charge of disturbing1 the peace.

Officer Sigur located the 2013 Nissan Maxima in the Walmart parking lot. He found Terrineka Watts sleeping in the backseat. Watts told Officer Sigur that she left Atlanta, Georgia in that vehicle with Washington and Harris, and that the group had driven through several states over the past few days,- including Arkansas and Louisiana. Watts stated that she slept though most of the trip, but recalled going to a Walmart in Arkansas with Washington and Harris. Watts appeared to be intoxicated.

Officer Sigur notified Detective Daniel Stromeyer3 about the discovery of the vehicle. Detective Stromeyer instructed Officer Sigur to lock and secure the vehicle in anticipation of applying for a search warrant. The vehicle was towed to the Kenner Police Department complex pending the obtaining of a warrant for inspection of the vehicle. Detective Stromeyer looked in the vehicle’s glove compartment to obtain registration information to complete the Kenner Police Department towing form. While looking in the glove compartment for the registration, Detective Stromeyer noticed a United States Treasury check. He immediately closed the [650]*650glove compartment and applied for a search warrant.

Detective Stromeyer drafted a search warrant application for the 2013 Nissan Maxima and presented it to Patricia Joyce, Commissioner of the Twenty-Fourth Judicial District Court, Parish of Jefferson, State of Louisiana. Commissioner Joyce approved the warrant at 8:59 p.m. on October 11, 2013. Thereafter, Detective Stro-meyer, along with other state and federal law enforcement personnel, searched the vehicle. They discovered Hertz Corporation rental documents in the name of Washington’s mother, Monica Washington; 22 United States Treasury checks in the names of various individuals; 20 fraudulent driver’s licenses most of which matched the names of the payees on the checks; approximately $13,160 in cash bundled around multiple receipts documenting check-cashing activities at other Walmart stores; identification card making supplies; an invoice ■ from Idsup-ply.com; and, a fully loaded Jimenez 9mm semiautomatic pistol, along with 2 additional fully loaded magazines of 9mm ammunition.

On August 8, 2014, the Grand Jury in the United States District Court for the Eastern District of Louisiana returned a three-count Indictment against Washington and Harris. Count 1 of the Indictment charges Washington and Harris with conspiracy to posses with intent to use or transfer five or more false identification documents in violation of 18 U.S.C. §§ 1028(a)(3), 1028(b)(1)(B), 1028(b)(2)(B) and 1028(c)(3)(A), all in violation of 18 U.S.C. § 1028(f). Specifically, Count 1 charges that Washington and Harris conspired to use false state driver’s licenses to cash multiple genuine United States Treasury checks issued to other individuals without those individuals’ knowledge and consent.

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Bluebook (online)
145 F. Supp. 3d 646, 2015 WL 7016890, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-washington-laed-2015.