United States v. Arce-Lopez
United States v. Arce-Lopez
Opinion of the Court
MEMORANDUM AND ORDER
Before the Court are defendants Carlos Arce-Lopez’s and Annette Cancel-Lorenzana’s motion to suppress (Docket No. 1033), and the United States’s response (Docket No. 1080). For the reasons stated below, the Court DENIES defendants’ motion to suppress.
I. Background
On May 24, 2012, defendant Arce was indicted and charged in a drug trafficking conspiracy that allegedly took place between 1999 and 2009. (Docket No. 3.) The
II. Discussion
Defendants move to suppress the fruits of the June 5, 2012 search warrant (“the warrant”), which they claim was invalid because it was (1) based on stale information, and (2) overly broad. (Docket No. 1033.) The United States contends that the warrant was valid as issued; assuming the warrant was invalid, however, the United States claims that the good faith exception to the exclusionary rule applies, and exclusion of the evidence is inappropriate. (Docket No. 1080.) The United States concedes that defendants, as owners and residents of the home that was searched, have standing to challenge the warrant.
A. Standard of Review for Search Warrants
The Fourth Amendment provides that “no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the persons or things to be seized.” U.S. Const, amend. IV. The Bill of Rights requires that search warrants contain a “particular description” of things to be seized in order to prevent a “general, exploratory rummaging in a person’s belongings.” Coolidge v. New Hampshire, 403 U.S. 443, 467, 91 S.Ct. 2022, 29 L.Ed.2d 564 (1971) (internal citations omitted). Probable cause to issue a search warrant exists when “given all the circumstances set forth in the affidavit ..., there is a fair probability that contraband or evidence of a crime will be found in a particular place.” Illinois v. Gates, 462 U.S. 213, 214, 103 S.Ct. 2317, 76 L.Ed.2d 527 (1983) A reviewing court must “determine whether a ‘substantial basis’ existed for the magistrate’s determination that probable cause existed.” United States v. Keene, 341 F.3d 78, 81 (1st Cir. 2003) (citing Gates, 462 U.S. at 238, 103 S.Ct. 2317). In determining the sufficiency of an affidavit, the Court considers “whether the ‘totality of circumstances’ stated in the affidavit demonstrates probable cause to search the premises.” United States v. Martin, 286 F.Supp.2d 43, 45 (D.Mass. 2003) (quoting United States v. Barnard, 299 F.3d 90, 93 (1st Cir. 2002)).
An evidentiary hearing is not warranted by every motion to suppress.
The search warrant was issued after the original indictment was filed sealed, and one day before it was unsealed and defendant Arce was arrested. It was executed on the day defendant Arce was arrested. Defendant Arce was charged, along with 19 other defendants, with one count of conspiracy to possess more than five (5) kilograms of cocaine in order to distribute it, and one count of possession of more than five (5) kilograms of cocaine with the intention of distributing it, and aiding and abetting others to do so. Accordingly, the Court does not find that a hearing is required to resolve the motion to suppress.
B. The Warrant’s Deficiencies: Staleness and Overbreadth
Defendants claim that the warrant was invalid because it was based on stale information and was overbroad in its scope. The Court addresses each argument in turn.
1. Staleness
A warrant must establish a “tricornered nexus between the criminal act, the evidence to be seized, and the place to be searched;” this nexus must also “incorporate a temporal dimension.” United States v. Ricciardelli, 998 F.2d 8, 13 (1st Cir. 1993). If a supporting affidavit does not contain timely information, it will fail. United States v. Schaefer, 87 F.3d 562, 568 (1st Cir. 1996). Courts considering the timeliness of the information in a supporting affidavit consider such factors as the nature of the information, the nature of the supposed criminal activity, the nature and characteristics of the place to be searched, and the nature of the items outlined in the warrant. Id.
The warrant affidavit’s probable cause section states that a DEA investigation revealed,
On at least 10 occasions through 2009, a DTO [drug-trafficking organization] member retrieved cocaine shipments from ARCE-LOPEZ’ residence to be packaged and prepared for transport. It is estimated he supplied the DTO with at least 5,000 kilograms of cocaine to be transported to the Continental United States between 2004 and 2009. The investigation also revealed that ARCE-LOPEZ is listed, along with his wife, as the owner of at least four real estate properties in Puerto Rico.
(Docket No. 1033-1). The probable cause statement also mentions that the defendants purchased real estate in 2000 and 2004, and that defendant Arce did not file a Puerto Rico tax return for the years 2002-2004. Id. The warrant application sought a search warrant for one of the defendants’ residential properties, and indicated reason to believe the defendants were the current owners and residents of that particular residence. Id.
Defendants fail to establish that the warrant affidavit contained impermissibly
The Court also factors the nature of the place to be searched into its staleness calculation. See Schaefer, 87 F.3d at 568. Here, the place searched was defendants’ permanent residence, making it more likely that items would remain within the home over an extended period of time. Id. The affidavit provided contemporary information regarding defendant Arce’s status as the owner and resident of the home to be searched. It indicated that defendant Arce is listed as the owner of the residence and “had been observed [there] as recently as June 1, 2012,” four (4) days before the date of the search warrant, and five (5) days before the indictment was unsealed and defendant Arce was arrested. Considering the totality of the nature and circumstances of the alleged offense, the characteristics of the items to be seized, the nature of the information, and the nature of the place to be searched, the Court finds that the warrant contained sufficiently timely information to satisfy the probable cause nexus between criminal act, place, and time. Accordingly, the Court finds that the search warrant was valid.
2. Overbreadth
To be valid, warrants must contain a “particular description” of things to be seized. Coolidge, 403 U.S. at 467, 91 S.Ct. 2022. Courts have found warrants to be invalid where they in no way limit the officers’ discretion over what to seize, the
The list of items to be seized in the warrant application delineates twelve categories of items, ranging from narcotics, paraphernalia used in the narcotics trade, firearms, and financial records, to address books, travel receipts, cellphones, pagers, two-way radios and suitcases.
Because the Court finds that the search warrant as issued was valid, it does not address the applicability of the good faith exception.
III. Conclusion
For the reasons stated above, the Court finds that the search warrant as issued was valid. Defendants’ motion to suppress is accordingly DENIED.
IT IS SO ORDERED.
. At the time the search warrant was issued, Cancel had not yet been indicted in this case.
. The defendants did not request an evidentiary hearing in their motion.
. The agent’s affidavit states as follows:
"2. The statements contained in this affidavit are based in part on information provided by confidential sources (CS), sources of information (SOI), other Special Agents and Task Force Officers working on this investigation ...” As can be seen, the present tense is used in the affidavit, indicating that an investigation is still ongoing.
. The indictment charges that suitcases were packed with cocaine and placed on American Airlines commercial flights for transport to the continental United States.
Reference
- Full Case Name
- United States v. Carlos I. ARCE-LOPEZ, Annette Cancel-Lorenzana
- Cited By
- 1 case
- Status
- Published