Blanco v. State

• Decision Date: 12 May 1987
• Docket Number: 7 Div. 684
• Citation: 515 So.2d 115
• Parties: Rolando BLANCO and Samuel Montanez v. STATE.
• Court: Alabama Court of Criminal Appeals

Page 115

515 So.2d 115

Rolando BLANCO and Samuel Montanez v. STATE.

7 Div. 684.

Court of Criminal Appeals of Alabama.

May 12, 1987.

Rehearing Denied June 30, 1987.

Certiorari Denied Sept. 25, 1987

Alabama Supreme Court 86-1321.

Roger Appell, Birmingham, and Frank A. Rubino, Coconut Grove, for appellants.

Don Siegelman, Atty. Gen., and P. David Bjurberg, Asst. Atty. Gen., for appellee.

TAYLOR, Judge.

Appellant Rolando Blanco was indicted under § 20-2-80(2)(a), Code of Alabama 1975, for trafficking in cocaine and § 20-2-70, Code of Alabama 1975, for possession of cocaine. Appellant Samuel Montanez was indicted under § 20-2-80(2)(a) for trafficking in cocaine. The cases were consolidated for trial and both Blanco and Montanez were found guilty as charged in the indictments. Blanco was sentenced to forty years' imprisonment and a $250,000 fine for the trafficking count. He was also sentenced to fifteen years' imprisonment on the possession count, to run concurrently with his forty-year sentence. Montanez was sentenced to forty years' imprisonment and a $250,000 fine.

The record reveals that Harry B. Spence, an agent with the Drug Enforcement Administration (DEA) in Birmingham, Alabama, was contacted by Keith Krakowski, an agent with the DEA in Miami, Florida, on March 28, 1986. Agent Krakowski told Agent Spence that a reliable confidential informant had advised him that the appellants had departed from Miami on March 26, 1986, driving a tractor-trailer truck destined for the Naples, Florida, area to pick up a load of marijuana. The truck was described as a green Kenworth tractor trailer with a black and yellow sleeper. It was distinct in that the cab had painted on it a picture of a gorilla riding a horse and picking up a girl. The door had the words "Monvera Transport" painted on it. The informant had advised Krakowski that the appellants were staying in room 207 of a Holiday Inn in Alabama with the telephone number (205) 831-3410. Agent Spence determined that this was the Anniston-Oxford, Alabama, Holiday Inn. He advised the Anniston Police Department, who subsequently confirmed that the appellants were, in fact, registered in the room but found that the truck was not present.

An aerial search of the surrounding rural area was conducted and the truck was located behind a house on a farm belonging to "Hoss" Self. A search warrant was obtained and a search conducted. In a storage compartment of the truck, a bag which contained approximately one kilo of cocaine was found. Later when Blanco was apprehended and searched, a plastic case containing cocaine was found in his pocket.

From their convictions the appellants now appeal, raising the following issues.

I

Appellants contend that the searches of the tractor truck and trailer and room 207 of the Holiday Inn were conducted upon improperly issued search warrants and that the evidence seized should have been suppressed. They contend, specifically, that the affidavits in support of the issuance of the search warrants were insufficient to supply the issuing judge with probable cause. The search warrant for the truck and trailer was issued upon the following affidavit:

"My name is Harry B. Spence, Jr. I am a Special Agent with the United States Drug Enforcement Administration. On March 28, 1986, I received a telephone call from Keith Krakowski, Special Agent with the Drug Enforcement Administration in Miami, Florida. He advised that he had received information from a reliable, confidential informant, hereinafter referred to as C.I., who has given information in the past 6 months that has led to the seizure of approximately two kilograms of cocaine hydrochloride, two mac ten machine guns and silencer. That said C.I. told him on March 27, 1986, that Honorio [sic] Montanez and Rolando Blanco Torres [sic] had departed Miami, Florida, on March 26, 1986 driving a green Kenworth tractor trailer truck with a black and yellow sleeper. The cab of the truck has a picture of a gorilla riding a horse picking up a girl. Monvera Transport is painted on the door of the truck in gold. Montanez and Torres were travelling to the Naples, Florida area to pick up a load of marijuana, which C.I. did not know where the marijuana was to be delivered. On March 28, 1986, C.I. advised Special Agent Keith Krakowski that Montanez and Torres were in Alabama, staying at a Holiday Inn in Room 207. The Holiday Inn's Telephone Number was (205) 831-3410. I determined that this was the Anniston-Oxford, Alabama, Holiday Inn by calling the number. I subsequently advised Lt. Emmett Doggrell of the Anniston Alabama Police Department of the above. Lt. Doggrell subsequently informed me that Montanez and Torres were in fact checked into Room 207 of the Anniston-Oxford Holiday Inn. Lt. Doggrell further advised that the above described tractor trailer truck could not be located in the immediate vicinity of the Anniston-Oxford Holiday Inn. A surveillance was established on Room 207 of the Anniston-Oxford Holiday Inn and continues. The occupants of Room 207 have advised the Holiday Inn management that they would remain as guests of the Holiday Inn through March 29th. Talladega County Sheriff's Office Investigator, Mike Martin, and Anniston, Alabama Police Officer, Sgt. Mike Hembree, conducted an aerial search of the surrounding rural area. Hembree and Martin located a green Kenworth tractor trailer truck with a sleeper that fit the description of the above described tractor trailer truck, which is parked behind a house on County Road 466. Beginning at the intersection of the Eastaboga Road and County Road 466, proceed east in an easterly direction for one quarter of a mile to a dirt driveway on the right side of the road, turn right onto said dirt driveway and go to the end of said driveway to a natural color two story wood house. That the above described truck is located behind said natural color two story wood house. I respectfully request that a search warrant be issued for the above described tractor trailer truck for marijuana or other controlled substances and said truck has attached to it a trailer, silver in color. Based upon the foregoing, I have probable cause to believe that marijuana is being stored in the green Kenworth tractor trailer truck, which is heretofore more particularly described, and the trailer, silver in color, attached to said tractor. I request that a search warrant be issued for said green Kenworth tractor and silver trailer."

The search warrant for the search of room 207 of the Holiday Inn was issued upon the following affidavit:

"My name is Harry B. Spence, Jr. I am a Special Agent with the Drug Enforcement Administration. On this date, I secured from Circuit Judge Jerry Fielding, Talladega County, Alabama, the attached search warrant. I here incorporate fully into this affidavit said warrant and the affidavits attached thereto. This warrant was executed this date by the Talladega County Sheriff's Office. Upon executing this warrant, we seized approximately 1 kilogram of cocaine. Our informant clearly stated that Honorio [sic] Montanez and Rolando Blanco Torres left Miami, Florida, on 3/26/86 driving this truck and marijuana was to be picked up in Naples, Florida. The trailer we searched had been cleaned but still smelled of marijuana. At this time the Montanez and Torres subjects are occupying Room 207, Holiday Inn, Oxford, Alabama. I request a warrant to search said room for cocaine. The substance we seized has been tested and shown to be cocaine."

In Illinois v. Gates, 462 U.S. 213, 103 S.Ct. 2317, 76 L.Ed.2d 527 (1983), the Supreme Court held as follows:

"The task of the issuing magistrate is simply to make a practical, common-sense decision whether, given all the circumstances set forth in the affidavit before him, including the 'veracity' and 'basis of knowledge' of persons supplying hearsay information, there is a fair probability that contraband or evidence of a crime will be found in a particular place. And the duty of a reviewing court is simply to ensure that the magistrate had a 'substantial basis for ... conclud[ing]' that probable cause existed."

Illinois v. Gates, 462 U.S. at 238-39, 103 S.Ct. at 2332.

The affidavit in support of the search of the truck set forth information establishing the veracity of the confidential informant. It also established that the information the confidential informant had supplied regarding appellants, which could be corroborated, had proven correct. That is, appellants were, in fact, registered in room 207 of the Holiday Inn and a truck meeting the rather unusual and detailed description given by the confidential informant was found. In view of these factors we find that the issuance of the warrant for the search of the truck was proper, as it appeared that there was a "fair probability" that contraband would be found therein. Furthermore, in view of the product of the search of the truck, the appellants' connection to the truck, and the information confirming that appellants were residing in room 207 of the Holiday Inn, we find that abundant probable cause existed for the issuance of a warrant to search room 207. Accordingly, we find that the trial court in no way erred in denying the appellants' motion to suppress.

II

Appellants contend that their arrest was illegal. Neither appellant was arrested pursuant to an arrest warrant, so their arrests must be justified under § 15-10-3(3), Code of Alabama 1975, which provides:

"An officer may arrest any person without a warrant, on any day, and at any time....

"(3) When a felony has been committed and he has reasonable cause to believe that the person arrested committed it...."

The term "reasonable cause" as used in this statute has been defined by this court as "knowledge of circumstances such as would lead a reasonable man of ordinary caution, acting impartially, reasonably and without prejudice, to believe the person arrested to be guilty." Harrell v. State, 475 So.2d...