Commonwealth v. Corey Almeida
| Decision Date | 03 October 2002 |
| Docket Number | ACTION 0073CR0279A-E |
| Citation | 2002 MBAR 312 |
| Parties | Parties: COMMONWEALTH v. COREY ALMEIDA |
| Court | Massachusetts Superior Court |
County COMMONWEALTH OF MASSACHUSETTS BRISTOL, ss. SUPERIOR COURT
The defendant, Corey Almeida ("Almeida"), is charged with trafficking in heroin in violation of G. L. c. 94C, § 32E(c)(3), trafficking in cocaine in violation of G. L. c 94C, § 32E(b)(4), trafficking in heroin and cocaine in a school zone in violation of G. L. c. 94C, § 32J, and conspiring with Robert Rose ("Rose") to possess cocaine with intent to distribute in violation of G. L. c 94C, § 40. This matter is before the court on the defendant's motions to suppress evidence seized by the police from the second floor west apartment at 69 Mill Street in New Bedford and from a Chevy Blazer as well as statements made by the defendant to the police at 69 Mill Street. For the reasons discussed below, the defendant's motion to suppress evidence seized as the result of an illegal warrantless search is ALLOWED. The defendant's motion to suppress evidence seized as the result of the unlawful issuance of a search warrant is DENIED with respect to evidence seized from the Chevy Blazer and is otherwise ALLOWED.
Based on all the credible evidence introduced at the evidentiary hearing and reasonable inferences drawn from that evidence the court finds the following facts:
On July 7, 2000, Kurt Dreher ("Dreher") was a detective in the Organized Crime Intelligence Bureau of the New Bedford Police Department. That unit specializes in narcotics investigations. Dreher was the lead investigator in a two-month investigation of Almeida. On that date, Dreher sought and obtained a search warrant for the search of "69 Mill Street, second floor east side, New Bedford Massachusetts" and a search warrant for the search of a "2000 Chevy Blazer, color red, bearing Ohio registration CHB3193." Both warrants authorize a search for controlled substances, specifically cocaine, as well as paraphernalia, records, and monies. Dreher executed the affidavit used to secure both warrants.
The affidavit contains the following information: Dreher learned from CI-1, a confidential informant, that a male by the name of Corey (also referenced as the "target") operated a cocaine and heroin delivery service within the City of New Bedford. CI-1 has proven reliable in the past by providing information that led to the arrest of a named individual. Cocaine, marijuana and currency was seized as a result of CI-1 providing information that led to the execution of a warrant, and the named individual has been indicted on charges stemming from the search. CI-1 told Dreher that CI-1 has been purchasing cocaine from Corey on a regular basis since May 14, 2000. A physical description of Corey was provided to Dreher by CI-1. CI-1 told Dreher that, in order to purchase cocaine from the target, CI-1 called him at a number provided to Dreher, which CI-1 believes to be the target's cell phone. Upon speaking to the target, CI-1 informs him of the amount CI-1 wishes to purchase; a meeting place is arranged, and CI-1 goes to the location. The target arrives in a red vehicle, a Ford, bearing Massachusetts plates. CI-1 enters the target's car and the target will sell the cocaine to CI-1. According to CI-1, the target usually has a plastic bag down the front of his pants that contains several smaller bags of cocaine and several packets of heroin. Once the target sells the cocaine, CI-1 exits the vehicle and the target drives away. CI-1 does not know where the target resides. According to the affidavit, Dreher's independent investigation revealed that the red Ford was registered to a Corey Almeida with an address of 124 Cove Street, New Bedford. CI-1 positively identified a police file photograph of Almeida as being the person from whom CI-1 purchases cocaine. Surveillance of the target by Dreher revealed that Almeida went on occasion to 124 Cove Street but more often went to 69 Mill Street, where he entered through the side door and remained inside for long lengths of time. On numerous occasions, Dreher observed that, within minutes of the target entering the side door, the lights in the second floor east apartment went on. Within minutes of the lights in the second floor east apartment going off, the target was seen to have exited the location. On numerous occasions the target left this location, drove to locations where people were waiting for him, engaged in activity consistent with drug sales, returned to 69 Mill Street, and entered the side door, following which the lights to the second floor east apartment went back on.
The affidavit also states that Dreher had acquired information from CI-2, a first time informant and cocaine user. CI-2 told Dreher that on several occasions from June 18, 2000, CI-2 purchased cocaine from Corey Almeida. CI-2 positively identified the person in the police department's file photograph of Almeida as the person from whom CI-2 purchases cocaine. CI-2 stated that he called the same number provided by CI-1 and then meets the target at an arranged location. The target arrives in a small red vehicle bearing the same Massachusetts registration as that provided by CI-1. CI-2 told Dreher that CI-2 knows the target keeps his stash of cocaine and heroin in the second floor east apartment at 69 Mill Street, New Bedford. CI-2 stated that CI-2 had been to this location with the target and while there observed a large quantity of cocaine and heroin.
According to the affidavit, police surveillance revealed that the defendant also drove a red Chevy Blazer bearing an Ohio registration of CHB3193, registered to Alamo Financing LP out of Cleveland, Ohio. Dreher observed Almeida operating this vehicle while coming and going from 69 Mill Street at all hours of the day and night, and also observed Almeida in this vehicle conducting activity that appeared consistent with drug activity. Within seventy-hours before seeking the warrant, CI-1 conducted a controlled buy. Prior to meeting with the target, CI-1 was searched by Dreher and had neither currency nor contraband. Dreher handed CI-1 an amount of currency and instructed CI-1 to call the target. Prior to placing the call to the target, James Estrella ("Estrella"), then a detective in the same unit as Dreher, located the Chevy Blazer bearing the Ohio registration parked in the driveway at 69 Mill Street. Estrella also observed the second floor east apartment lights to be on. CI- 1 called the target and arranged for a delivery of cocaine. Within minutes, Estrella observed the second floor east apartment lights go off and observed the target exit from the side door to the residence and get into the Blazer. The target drove the Blazer directly to the arranged delivery location. Dreher saw CI-1 enter the vehicle and exit within minutes, walking directly to the surveillance point as the target drove off. CI-1 handed Dreher an amount of suspected cocaine, which was represented to have been just purchased from the target. When the material was field tested, the results were positive for the presence of cocaine.
CI-1 and CI-2 exist and they provided the information set forth in the affidavit. Further, on numerous occasions Dreher went to 69 Mill Street; four of those times were in the evening. He saw the target enter and leave through the side door and saw the lights in the east side apartment go on and off as the target entered and left that building. During his surveillance, Dreher never saw the lights go on in the hallway near the front door to the west side apartment. From his vantage point, he could not see whether lights in the west side apartment had gone on or off. On the occasion of the controlled buy, Estrella saw the glow from lights in the east side apartment disappear just before the target exited. Based upon his own observations, Estrella's observations, and the information provided by CI-2, Dreher concluded that the target lived or stayed in the east side apartment.
Sixty-nine Mill Street is located in a residential neighborhood in the central downtown area
of New Bedford. It is a two-story building containing three apartments. Two apartments are located on the second floor. In addition to the windows of the second floor east side apartment that face Mill Street, on the west side of the front of the second floor is a window that looks into the hallway of the second floor landing.
When the police went to execute the warrant at 69 Mill Street, they believed that Almeida was operating a narcotics delivery service. They believed that he kept the contraband in the second floor east side apartment. They did not believe, and had no basis to believe, that he was selling drugs from any apartment at 69 Mill Street. They did not believe, and had no basis to believe, that he kept any contraband in any apartment other than one on the second floor east side. There is a small yard to the west of the building. The west side apartment has windows facing that yard. The building has a front entrance and an entrance on the east side where there is a driveway.
Nine to ten officers took part in the execution of the warrants for the vehicle and the second floor east side apartment. All members of the unit were in radio contact with each other. Lt. Steven Vicente ("Vicente"), the commanding officer of the narcotics unit, began surveillance of 69 Mill St. at 6 p.m. At 7 p.m., he saw the red Blazer with Ohio plates approach 69 Mill St. followed by a green car with Illinois plates. Both vehicles pulled...
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