U.S. v. Garcia-Robledo
| Decision Date | 26 April 2007 |
| Docket Number | Criminal No. 06-248(ADC). |
| Citation | 488 F.Supp.2d 50 |
| Parties | UNITED STATES of America, Plaintiff v. Jorge I. GARCIA-ROBLEDO, Defendant. |
| Court | U.S. District Court — District of Puerto Rico |
G. Andrew Massucco-Lataif, United States Attorney's Office, San Juan, PR, for Plaintiff.
Jason Gonzalez-Delgado, Gonzalez & Gonzalez Law Office, Caguas, PR, for Defendant.
On December 19, 20061 and January 9, 2007, evidentiary hearings were held on defendant's Motion to Suppress Evidence Seized (Docket No. 17). A Report and Recommendation was issue by Magistrate-Judge Camille Velez-Rive on March 15, 2007. In determining that the evidence seized by the government was obtained as a result of a validly conducted inventory search, the Magistrate-Judge recommends denial of defendant's motion to suppress. It is also concluded by the Magistrate-Judge that defendant's detention and subsequent arrest was not in violation of defendant's Fourth Amendment Rights. (Docket No. 41). No objections to the Report and Recommendation have been filed by defendant or the government.
Having carefully reviewed defendant's motion (Docket No. 17), the government's opposition (Docket No. 19), the Report and Recommendation (Docket No. 41), transcripts or testimonies presented at the evidentiary hearing (Dockets 37-38) and documentary evidence presented (Exhibits A; 1-3), this Court concurs with the recommendation within the Magistrate-Judge's Report and Recommendation and consequently adopts the same.
This Court concludes that:
(a) Defendant was initially stopped due to a traffic violation. On site verification of the vehicle's license plate, registration and VIN number reflected that the license plate was reported "lost" and that the vehicle was registered to Eurobank. Meanwhile, the vehicle's registration was registered to a different institution: "First Leasing". More so, the vehicle had a duty stamp reflecting "SJ 18", a stamp that police officers knew had been discontinued by the Puerto Rico Transportation and Public Works Department. The lower segment of the vehicle registration, which is to reflect "year, month and date", began with the number "4004". Depiction of year beyond "2007" indicated to police officers that the license was false and from the existence of reasonable suspicion to stop and investigate the setting changed to one of probable cause for defendant's arrest as soon as the Puerto Rico Police Department, Command Center, verified the vehicle's VIN number. The search reflected the vehicle was reported stolen. At this point, Puerto. Rico Police Officers had probable cause to arrest defendant García-Robledo. At the time, no illegal items or evidence of contraband were seen in plain view. Defendant García-Robledo failed to present any evidence to challenge the validity of the traffic stop. (Docket No. 41, pp. 30). The fact that the traffic violation did occur, that the license plates were reported "lost" and the vehicle's registration revealing the year "4004" was false. (Id, pp. 34).
(b) Once defendant had been taken to the police headquarters, an inventory search was conducted pursuant to statutory provisions demanding detailed inventories of vehicles reported abandoned or stolen.2 (Id. pp. 35, 37). The search revealed that behind the rear seat, along with a wrench and metal rod, there was a red bag containing a yellow bag. Within the later, two (2) brick size packages were found. Subsequent K-9 inspection of the area positively confirmed the agent's suspicious of having a controlled substance within these two (2) packages. The inventory search was conducted in defendant's presence.
(c) Defendant Garcí-Robledo was twice properly advised of his constitutional rights. First, defendant was read his rights upon his arrest at the time in which the police learned the vehicle was reported stolen. The second time, immediately upon the brick size packages were found during the inventory searched.
(d) Defendant has failed to rebutt said evidence.
Accordingly, Defendants Motion to Suppress is Denied.
SO ORDERED.
REPORT AND RECOMMENDATION
Defendant Jorge Garcí-Robledo ("García-Robledo") filed a Motion to Suppress which was referred by the Court to the undersigned Magistrate Judge for report and recommendation (Docket No. 20). García-Robledo claims some Puerto Rico Police Officers ("PRPOs") illegally detained him and conducted an illegal inventory search of the vehicle he was driving on August 6, 2006 (Ford F-250 King Ranch pickup truck) in violation of the Fourth Amendment of the United States Constitution. Accordingly, García-Robledo seeks to suppress the two (2) kilograms of cocaine which were recovered from said vehicle. (Docket No. 17).
The government filed its Opposition to above motion arguing García-Robledo lacks standing to challenge vehicle's search; the PRPOs had probable cause to initially stop defendant's vehicle due to a traffic violation; and the inventory search was proper. (Docket No. 19).
On December 19, 2006, at the evidentiary hearing held, the testimonies of García-Robledo and Mrs. Dorisbel Marcano-Rios ("Mrs. Marcano"), defendant's wife, were heard as to the issue of standing.1 (Docket No. 32).
On December 21, 2006, an Order was issued by the Court finding defendant García-Robledo had established, at that stage of the proceedings, standing to challenge the seizure of the narcotics under the totality of the circumstances and the evidence before the Court. The Court noted that its ruling was going to be discussed in detail in this report and recommendation on the merits of the suppression issue. The suppression hearing was re-scheduled for January 9, 2007. (Docket No. 31).
On January 9, 2007, the testimonies of PRPO Joel Machuca-Allende ("PRPO Machuca"), on behalf of the government, and of Mrs. Marcano, on behalf of the defense, were heard on the merits. The Court granted the parties twenty (20) days to submit the translations of the exhibits. (Docket No. 33).
On February 12, 2007, the transcripts of the suppression hearing were ordered to be transcribed. (Docket No. 35).
On March 2, 2007, an Order was issued by the Court informing the parties they had failed to comply with the deadline to file the translations of the exhibits and granting the parties until March 9, 2007 to submit said translations. (Docket No. 36).
On March 5, 2007, the transcripts of the suppression hearing were filed with the Court. (Docket No. 37 and 38). On March 8, 2007, the certified translations of the exhibits were filed (Docket No. 39).2
Testimony of defendant García-Robledo, as to standing, may be summarized as follows:
García-Robledo, after being properly advised by his counsel and the undersigned of the possible consequences of testifying at the suppression hearing, stated he is a marine technician and was working in installing tiles. On August 6, 2006, García-Robledo was driving a Ford F-250 King Ranch that he bought in Caguas on the Tuesday of that week. García-Robledo testified he bought the Ford F-250 at Road # 1 in Caguas after he saw the vehicle parked with a "for sale" sign. García-Robledo spoke to the vehicle's owner at the business where the vehicle was parked. García-Robledo discussed the, price of the vehicle with the owner and paid $5,000.00 in addition to tendering an old 1986 or 1987 Toyota Corolla, which was not registered under his name because the change in owner had not been done. The person from whom García-Robledo bought the Ford F-250 was identified as Josué LNU. Josué told García-Robledo the vehicle was not paid off and that it had a loan. Josué asked García-Rbledo for all his personal information and Garcí-Robledo explained to Josué he could not transfer title of the vehicle under his name because his credit was not sufficient. Josué informed García-Robledo that in two (2) weeks he was going to give García-Robledo the payment booklet from the bank with the payment coupons, the promissory note and the exact amount to pay. Prior to buying the Ford F-250 vehicle, García-Robledo checked the vehicle's registration, the sticker ("marbete") and license plate; everything looked fine to him.
García-Robledo identified Exhibit A as a photocopy of the Ford F-250's registration which was handed to him by Josué when he purchased the vehicle. The original registration was going to be provided by Josué with the other papers in two (2) weeks.
On cross-examination, Garcí-Robledo admitted the day of his arrest was a Sunday and he had purchased the Ford F-250 six (6) days before. Garcí-Robledo bought the vehicle at a bar in Road # 1 (located in front of the dealer Anansys Auto Part Dealer) in which the Ford 250 was parked in the front of the business in the avenue and had a "for sale" sign in the window. When Garcí-Robledo entered the business he asked about the vehicle which was for sale and a person (later identified as Josué) told him he was asking $8,000.00 for the car in addition to the loan. The day Garcí-Robledo bought the Ford F-250, he was driving a 1986 or 1987 gray two (2) doors automatic Toyota Corolla he bought one (1) month before at a fair in San Lorenzo for $2,000.00. Garcí-Robledo wanted to sell the Toyota Corolla because he needed a pick up for his work. Garcí-Robledo had the Toyota Corolla for one (1) month and never registered it under his name because the sticker ("marbete") was still valid. Garcí-Robledo did not, recall the name of the person from whom he bought the Toyota Corolla but he had that person's telephone in the cellular telephone which was seized the day of his arrest.
Garcí-Robledo identified Exhibit 1 as a photocopy of the advise of rights in the Spanish language he was provided on the day of his arrest. Garcí-Robledo indicated he was never allowed to read the document. The paper was put in front of him and he was asked to...
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