United States v. Yera

268 F. Supp. 3d 291
CourtDistrict Court, D. Massachusetts
DecidedAugust 7, 2017
DocketCriminal Action No. 16-10166-PBS
StatusPublished

This text of 268 F. Supp. 3d 291 (United States v. Yera) is published on Counsel Stack Legal Research, covering District Court, D. Massachusetts primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Yera, 268 F. Supp. 3d 291 (D. Mass. 2017).

Opinion

MEMORANDUM AND ORDER

Saris, C.J.

INTRODUCTION

Defendant Santo Yera moves to suppress evidence seized by the government during a search of 109 Seaver Street, Apartment Two in Stoughton, Massachusetts, and the attic located above the second floor of the apartment building’s common hallway. Defendant argues the government failed to establish probable cause to believe that contraband would be found at 109 Seaver Street because there was no nexus between Defendant’s drug activities and that location. Moreover, Defendant argues information in the affidavit supporting the search warrant was stale. Finally, Defendant alleges the search of the attic, exceeded- the scope of the search warrant.. .

At the hearing, without objection, Defendant filed an affidavit describing 109 Seaver Street and submitted photographs of the, premises. Defendant’s Motion, to Suppress (Docket No. 227) is DENIED.

FACTUAL BACKGROUND

I. The Investigation

In mid-2015, authorities began an investigation of a drug trafficking organization in Brockton, Massachusetts. Investigators believed Luis Rivera ran a conspiracy to distribute cocaine, crack cocaine, and heroin. Authorities obtained a warrant to intercept wire arid electronic communications to and from Rivera’s cell phone. Based on multiple intercepted communications over a period of three months, investigators concluded Defendant was a drug supplier for Rivera.

On February 13, 2016, in an intercepted call between Rivera arid Defendant, Rivera asked Defendant, “Are you Gucci?” Investigators interpreted this communication to mean that Rivera was asking if Defendant had cocaine for sale. Rivera used the term “Gucci” as a code word to indicate to his customers that he had cocaine.

On February 29, 2016, communications between Rivera and Defendant indicated Defendant was going to supply Rivera with drugs. Rivera told Defendant “a nice check” was ready for him if he could supply Rivera with more drugs. Defendant said that he could.

On March 10, 2016, Defendant and Rivera texted each other to set a place and time to meet. Surveillance units observed them meet at Defendant’s workplace, an autobody shop located at 954, Centre Street in Brockton, Massachusetts. After [294]*294their meeting, Rivera sold 69 grams of cocaine to a customer. Investigators believe Defendant supplied the drugs Rivera sold to his customer that night.

On April 7, 2016, communications between Defendant and Rivera suggested they were going to engage in another drug transaction. Rivera texted Defendant asking, “Oh, you got it over there?” About 23 minutes later, Rivera contacted Defendant and said, “I’m outside sucker.” Although investigators did not see Rivera at 109 Seaver Street, GPS data from Rivera’s cell phone placed him at that location. A car belonging to Defendant was also observed at the scene, suggesting that Defendant was also at 109 Seaver Street. Based on Rivera’s conversations with customers pri- or to meeting -with Defendant, along with conversations between Rivera and Defendant that same day, investigators believed Rivera picked up cocaine from Defendant’s residence to then sell to a customer.

On May 22, 2016, approximately three weeks before the search warrant for 109 Seaver Street was issued, Rivera spoke with Defendant “to see if [Defendant] can throw [Rivera] some more so [he] can mix it with this one.” Investigators interpreted this request as Rivera asking Defendant for more cocaine.

II. 109 Seaver Street and the Attic

109 Seaver Street is a two-story residence. There are two apartments in the building, one on each floor. The landlord of 109 Seaver Street lives next door at 107 Seaver Street. Apartment Two, Defendant’s apartment, is on the second floor of 109 Seaver Street. There is also an attic trapdoor in the ceiling of the common hallway of the second floor. There are no other units on the second floor. In Defendant’s affidavit, he stated he believed the attic area was for storage and was available to the tenants of both the first and second floor apartment units. Docket No. 278. There is no lock on the attic door.

III. The Search

An application for a search warrant concerning 109 Seaver Street, Apartment Two was submitted on June 8, 2016. In support of the search warrant application, an affidavit was filed on June 8, 2016. To establish probable cause, the affidavit relied on the foregoing intercepted communications to and from Rivera’s cell phone, GPS data from Rivera’s cell phone, and surveillance.

On June 8, 2016, a search warrant was issued. Pursuant to the warrant, investigators searched 109 Seaver Street, Apartment Two on June 8, 2016. Investigators found a quarter kilogram of cocaine in the attic.

DISCUSSION

I. Probable Cause

“A warrant application must demonstrate probable cause to believe that (1) a crime has been committed — the ‘commission’ element, and (2) enumerated evidence of the offense will be found at the place to be searched — the so-called ‘nexus’ element.” United States v. Feliz, 182 F.3d 82, 86 (1st Cir. 1999). The relevant inquiry for the nexus element is as follows:

When evaluating the nexus between the object and the location of the search, a magistrate judge has to make a practical, common-sense decision whether, given all the circumstances set forth in the affidavit before him, there is a fair probability that contraband or evidence of a crime will be found in a particular place. The application must give someone of reasonable caution reason to believe that evidence of a crime will be found at the place to be searched. The government does not need to show that the belief is necessarily correct or more [295]*295likely true than false. Nexus can be inferred from the type of crime, the nature of the items sought, the extent of an opportunity for concealment, and normal inferences as to where a criminal would hide evidence of a crime. The reviewing court’s duty is simply to ensure that the magistrate had a substantial basis for concluding that probable cause existed. And in making this inquiry, we focus on the facts and supported opinions in the affidavit, ignoring unsupported conclusions.

United States v. Joubert, 778 F.3d 247, 251-52 (1st Cir. 2015) (citations and internal quotation marks omitted).

Here, a substantial basis existed for the magistrate judge’s probable cause finding. Intercepted communications on multiple occasions led the police to believe that Defendant was Rivera’s drug supplier. First, on February 13, 2016, Rivera asked the Defendant for cocaine using the code term “Gucci.” Second, on February 29, 2016, Rivera asked Defendant for a resupply of cocaine. Third, on March 10, 2016, Rivera’s phone conversations revealed he was preparing for a drug transaction with Defendant. Surveillance units observed Defendant and Rivera meet shortly thereafter at an autobody shop in Brockton, Massachusetts. Following this meeting, Rivera engaged in a drug deal with a customer.

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Bluebook (online)
268 F. Supp. 3d 291, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-yera-mad-2017.