United States v. Winchenbach

31 F. Supp. 2d 159, 1998 U.S. Dist. LEXIS 21491, 1998 WL 975742
CourtDistrict Court, D. Maine
DecidedOctober 27, 1998
DocketCriminal 98-38-P-C
StatusPublished
Cited by3 cases

This text of 31 F. Supp. 2d 159 (United States v. Winchenbach) is published on Counsel Stack Legal Research, covering District Court, D. Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Winchenbach, 31 F. Supp. 2d 159, 1998 U.S. Dist. LEXIS 21491, 1998 WL 975742 (D. Me. 1998).

Opinion

MEMORANDUM AND ORDER DENYING DEFENDANT’S MOTION TO SUPPRESS

GENE CARTER, District Judge.

Defendant Ralph Winchenbach, Jr. faces a charge of intentional distribution of a controlled substance containing cocaine in violation of 21 U.S.C. § 841(a)(1) and 18 U.S.C. § 2. Indictment (Docket No. 1). Now before the Court is Defendant’s Motion to Suppress (Docket No. 9). In that motion, Defendant asks this Court to suppress as evidence in this case any evidence obtained as a result of his arrest and as a result of a search of his person at the time of his arrest. After reviewing counsels’ memoranda, hearing argument, and reviewing the stipulated record, the Court concludes that Defendant’s motion should be denied.

I. BACKGROUND

The following facts are gathered from the evidentiary record stipulated to by the parties for purpose of the Court’s consideration of the pending motion to suppress evidence. Stipulated Record (Docket No. 13). On September 3, 1997, at approximately 11:00 p.m., law enforcement agents arrested Defendant at his mobile home on Ralph Wink Road in Waldoboro, Maine. Id. At the time of Defendant’s arrest, the officers were executing a search warrant for Defendant’s premises and did not possess a warrant for his arrest. Id.

According to the record, agents of the Maine Drug Enforcement Unit of the Maine Department of Public Safety had surveilled four controlled buys of cocaine by a wired informant from Wendy Spinney, the original target of a drug distribution investigation. Stipulated Record, Exhibit B at ¶¶ 2-6. The officers observed Spinney traveling in the direction of Ralph Wink Road where Defen *161 dant resides when Spinney went to collect the cocaine for each purchase. Id. at ¶¶ 1-6. Specifically, during one controlled buy, the officers observed Spinney going directly to Defendant’s mobile home to purchase the cocaine. Id. at ¶ 3. Upon their arrest, Spinney and William Holmstrom, Jr. who accompanied Spinney to collect the drugs, provided police with information that reasonably identified Defendant as the source of the cocaine. Id. at ¶¶ 7-8. The facts revealed from the investigation are set forth in detail below.

At the end of April 1997, agents supervised the first controlled buy from Spinney. The informant was equipped with a body wire, given $250 of recorded money, and searched for contraband. Id. at ¶ 1. The informant called Spinney and arranged to meet at the Oyster Shell Motel to purchase cocaine. At the motel the informant spoke to Spinney and an unidentified male about purchasing some cocaine. Id. Spinney told the informant she was going to Rockland to get the cocaine and that he should come back later to pick it up. 1 Id. Despite the fact that Spinney mentioned that she would pick the cocaine up in Rockland, Spinney and the male were followed by the officers on Route One northbound toward Duck Puddle Road in Waldoboro which leads to Ralph Wink Road. 2 Id.; See Map of Duck Puddle, Appendix A. The officers continued to follow Spinney to Ralph Wink Road. 3 Id. Stipulated Record, Exhibit B at ¶ 1. The suspects were gone for about ten minutes before they were seen returning on Duck Puddle from the direction of Ralph Wink Road. Id. They were followed back to the motel, wherein they gave the informant an unknown amount of cocaine. Id.

On May 30, 1997, a similar transaction transpired. This time, the agents recorded the informant and Spinney making arrangements for a purchase of cocaine. Id. at ¶ 2. Spinney told the informant to come to her house. Id. The informant was equipped with a body wire, given $250 of recorded money and searched for drugs. Id. After meeting with the informant at her house, Spinney again told the informant that she would pick up the cocaine from Rockland. Id. An agent followed Spinney on Route One northbound onto Duck Puddle Road in the direction of Ralph Wink Road. Id. Spinney was seen on Duck Puddle Road coming from the direction of Ralph Wink Road approximately ten minutes later. Id. Spinney returned home, called the informant, and informed him that she could not get the cocaine from Rockland and that the people in Waldoboro were out. Id.

Again, on June 5, 1997, the informant called and arranged to buy an “eight ball” of cocaine from Spinney with marked bills. This time Spinney told the informant that she would go to Waldoboro to get the cocaine. Id. at ¶ 3. The informant was again equipped with a body wire, given $250 of recorded money, and driven by officers to Spinney’s house. Id. The surveilling officer heard Spinney and the informant discuss the purchase of cocaine. Id. The informant reported that Spinney told the informant she gets the cocaine from a “Junior” in Waldo-boro. Spinney was then followed by an officer to Defendant’s mobile home on the Ralph Wink Road in Waldoboro. Id. Spinney entered the mobile home and remained inside for ten minutes. Id. Spinney was followed back to her home and was inside for seven minutes before the informant arrived to pick up the cocaine. When the informant exited Spinney’s home, he had an “eight ball” of cocaine on his person. Id.

Finally, on September 3, 1997, the informant, who again was wired, provided with $250 of marked bills, and searched for contraband, arranged to purchase cocaine from Spinney for the last time. The informant arranged to meet Spinney at her home to give her the money for the drugs. Id. at ¶ 4. Spinney told him that she would pick up the cocaine from Duck Puddle and that they were waiting for her at “Junior’s” house. Id. A law enforcement officer drove the infor *162 mant to Spinney’s home. Id. at ¶ 5. At Spinney’s home, the informant arranged with Spinney and a man, later identified as William Holmstrom, Jr., to meet at Houston Dodges — a local junkyard. Spinney and Holmstrom then left to pick up the cocaine. Id. Spinney and Holmstrom were followed north on Route One to the intersection with Duck Puddle Road, where they turned down toward Ralph Wink Road. Id. After approximately ten minutes of waiting, a detective observed Spinney returning down Duck Puddle Road from the direction of Ralph Wink Road. Id. He continued to follow them south on Route One until police stopped them. Both Spinney and Holmstrom were searched, and an “eight ball” of cocaine and $50 of the marked bills were seized. Id.

In the hopes of gaining consideration for cooperation on their charges, both Spinney and Holmstrom cooperated during questioning with police at the Lincoln County Jail.

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Bluebook (online)
31 F. Supp. 2d 159, 1998 U.S. Dist. LEXIS 21491, 1998 WL 975742, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-winchenbach-med-1998.