Commonwealth v. Andrades, 17 Mass. L. Rptr. No. 2, 42 (Mass. Super 9/30/2003), 0300051.
| Decision Date | 30 September 2003 |
| Docket Number | No. 0300051.,0300051. |
| Citation | 17 Mass. L. Rptr. No. 2, 42 |
| Parties | Commonwealth v. Amado Andrades. |
| Court | Massachusetts Superior Court |
A search warrant for a residence must be based on information that specifically connects the illegal conduct to the residence; information sufficient to establish probable cause that the defendant is engaged in illegal conduct at other locations does not provide sufficient probable cause to support a warrant for the search of a residence. Furthermore, the warrant is not validated by the availability of additional information from a confidential informant that the residence is being used to further the observed illegal activity unless the CI's information is corroborated by police observations specifically linking that activity with the residence. This opinion holds invalid a warrant for the search of a residence supported by an affidavit revealing only that (a) a confidential informant had stated that drugs were stored at the residence, (b) the police had directly observed the defendant making illegal drug transactions at other locations and (c) the police had observed activity at the location specified by the CI sufficient to confirm only that it was the defendant's residence and not that it was being used in connection with the other illegal activity.
A reaction by a police drug-sniffing dog at the entrance door to an apartment is insufficient to support a warrant for the search of the apartment unless evidence is presented to establish that a trained dog can detect drug contraband through a closed apartment door. The opinion notes that search warrant cases permitting reliance on a dog's drug-sniffing capabilities generally involve identification of a specific package rather than a general area.
The defendant, Amado Andrades, is charged with trafficking cocaine with a net weight of 200 grams or more in violation of Mass. Gen. Laws ch. 94C, §32E(b), and with trafficking cocaine within one thousand feet of school property. This matter is before the court on the defendant's motion to suppress evidenced seized by the police at 235 Pleasant Street, Brockton, Mass., pursuant to a search warrant executed on December 19, 2002. For the reasons discussed below, the defendant's motion to suppress is ALLOWED.
There were two search warrants issued for 235 Pleasant St., Brockton, Mass. (235 Pleasant St.). The first search warrant, for the second-floor apartment, was issued on December 16, 2002 and executed on December 19, 2002. No drugs were seized as a result of the search of the second-floor apartment. On the same day as executing the first search warrant, the Brockton Police obtained a second search warrant, this time for the third-floor apartment. The third-floor apartment was vacant. As a result of this search, police seized 471 grams of cocaine along with other items commonly used in the drug trade such as a scale, clear plastic bags and razor blades from the third-floor apartment.
On December 16, 2002, Brockton Police Officer George Khoury (Khoury) filed an Affidavit in Support of a Search Warrant (Affidavit) for the defendant's alleged residence at 235 Pleasant St., Apartment 2, Brockton, Mass. (235 Pleasant St., second floor). This search warrant was issued on December 19, 2002. The Affidavit contained the following pertinent information.
Khoury is assigned to the Narcotics/Vice Unit and has been a police officer for seven years. Khoury holds a Bachelor's degree in Law Enforcement from Western New England College. In addition, Khoury has attended numerous courses and seminars relating to narcotic investigations including the Police Academy School on Drug Abuse (8 hours), Federal DEA Basic Narcotics Course (80 hours), and a four-hour seminar hosted by the Federal DEA on concealment techniques utilized by criminal organizations. Khoury has participated in hundreds of undercover purchases of narcotics, and surveillance of street and/or dwellings in which drug dealers apply their trade. Khoury has been involved in numerous arrests relating to narcotic violations. Khoury has conducted numerous searches as a member of the Brockton Police Narcotics Unit leading to the seizure of narcotics and drug paraphernalia.
In October 2002, Khoury spoke to a confidential informant (CI) who informed him that he had been purchasing both crack and powdered cocaine from a group of Hispanic males in the City of Brockton for the prior three years. The CI stated that the leader of the organization was a Hispanic male in his thirties. The CI stated that in order to purchase cocaine from this group he dials a cellular telephone number (508) 345-1087 and speaks with Davey (later identified by photograph as Benito Rivera). Davey directs the CI to various locations in the City of Brockton where the sales are conducted. The CI stated that the organization uses a small brown car and a small black car.
On October 22, 2002, the CI stated it would be willing to make a controlled purchase of cocaine from this organization. The CI was searched for any type of controlled substance or money. Upon finding none, the CI was given a sum of currency and told to dial (508) 345-1087. The CI had a conversation with Davey and placed an order of cocaine with him. The CI was directed to a specific location in the City of Brockton. The CI then proceeded to the meet location and waited while under constant surveillance by Khoury. Approximately 10 minutes after the CI's arrival, Khoury observed a brown 1990 Honda Civic bearing Mass. Registration 6167WW pull up to the CI. Khoury observed the CI lean into the passenger side window of the car. The CI then left the area and walked directly over to Khoury and handed him a quantity of suspected cocaine. The substance was later field-tested and showed a positive response for cocaine. According to the Mass. Registry of Motor Vehicles, a brown 1990 Honda Civic bearing Mass. registration 6167WW is registered to the defendant, Amado Andrades, 78 Rockway St., Lynn, Mass. Amado Andrades' license lists an address of 68 Brett St., Apartment B, Brockton, Mass.
On October 26, 2002, Khoury met with the CI in order to show it a series of photos. The CI stopped at the photo of the defendant, Amado Andrades and stated, "this guy used to deliver with Davey, but I have not seen him in a while." Affidavit, Page 5.
On November 2, 2002, the CI stated it would be willing to make another controlled purchase of cocaine from this organization. The CI was searched for any type of controlled substances or money. Upon finding none, the CI was given a sum of currency and told to dial (508) 345-1087. The CI had a conversation with Davey and placed an order for cocaine. The CI was then directed to a specific location in the City of Brockton. The CI then proceeded to the meet location and waited while under constant surveillance by Khoury. Approximately 20 minutes after the CI's arrival, Khoury observed a brown 1990 Honda Civic bearing Mass. Registration 6167WW pull up to the CI. Khoury observed the CI lean into the passenger side window of the car. The CI then left the area and walked directly over to Khoury and handed him a quantity of suspected cocaine. The substance was later field-tested and showed a positive response for cocaine.
From October 2002 through December 19, 2002, Khoury conducted several surveillance operations of this suspected organization in which the defendant, Amado Andrades, was allegedly involved. Specifically, on December 6, 2002, Detective Bonanca (Bonanca) received a telephone call from an unidentified Hispanic male. The Hispanic male stated to Bonanca that he was a Dominican drug dealer in the City of Brockton. The Hispanic male went on to state that another Hispanic male who sells a large quantity of cocaine stashes and packages his cocaine at 235 Pleasant St., second floor. The Hispanic male further stated that the Hispanic male who stashes and packages his cocaine at 235 Pleasant St. drives a black Honda bearing Mass. Registration 6375YM and he believed the party's name to be Jose Mejia (who is not a party in this motion). The Hispanic male went on to say that Jose Mejia has warrants for drug trafficking out of Brockton. When Bonanca asked the caller why he was providing this information, the caller stated, "because he's my competition." Bonanca later searched the warrant management system and discovered an outstanding warrant for Jose Mejia for trafficking out of Brockton.
On December 7, 2002, Khoury. Bonanca and a Detective McDermott (McDermott) were conducting surveillance of the black Honda bearing Mass. Registration 6375YM. During the surveillance, Khoury followed the car which was driven by an unknown Hispanic male and was parked at the LaMontanita
store on Warren Ave., Brockton, Mass. to 426 N. Warren Ave., Brockton, Mass. where the Hispanic male met with other unidentified Hispanic males. The car then proceeded to 235 Pleasant St. Khoury observed the second-floor lights go on. Approximately 45 minutes later, Khoury followed the car to 189 Belmont St., Brockton, Mass. where the Hispanic male entered the east side entrance.
On December 9, 2002 at approximately 10:00 p.m., Bonanca conducted surveillance at 235 Pleasant St. while Khoury and a Detective Costello (Costello) conducted surveillance at 189 Belmont St. Khoury observed the black Honda bearing Mass. Registration 6375YM parked to the rear of 189 Belmont St., Brockton, Mass. At approximately 10:10 p.m. Khoury observed the defendant, Amado Andrades,...
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