U.S. v. Rodriguez
| Decision Date | 20 June 2011 |
| Docket Number | No. 3:11cr12 (MRK),3:11cr12 (MRK) |
| Court | U.S. District Court — District of Connecticut |
| Parties | UNITED STATES OF AMERICA v. RAFAEL RODRIGUEZ; JOCELYN PEREZ |
Rafael Rodriguez, one of the two Defendants in this case, was indicted for conspiracy to distribute and to possess with intent to distribute heroin, in violation of 21 U.S.C. §§ 841(a)(1), 841(b)(1)(B)(i), and 846; possession with intent to distribute heroin, in violation of 21 U.S.C. §§ 841(a)(1) and 841(b)(1)(B)(i); and conspiracy to maintain a drug-involved premise, in violation of 21 U.S.C. §§ 856(a)(1), 856(b), and 846. Mr. Rodriguez has moved to suppress all evidence seized from him and from the premises known as 146 Mark Twain Drive in Hartford, Connecticut ("the House"). See Mot. to Suppress [doc. # 27]. The Court received briefs from the parties and held an evidentiary hearing on the Motion to Suppress on May 19, 2011.
The issues raised in the Motion to Suppress are as follows: (1) whether the Government violated Rule 41 of the Federal Rules of Criminal Procedure; (2) whether errors in the affidavits supporting the application for a warrant to search the House and Mr. Rodriguez's car created a Franks v. Delaware, 438 U.S. 154 (1985), issue in this case; (3) whether there was probable cause to seek a search warrant for the House and Mr. Rodriguez's car; and (4) whether the items found on Mr. Rodriguez's person - cash, two cell phones and (possibly) a key to the House - wereunlawfully seized.1 Having considered the arguments of the parties and the evidentiary hearing record, the Court GRANTS IN PART and DENIES IN PART the Motion to Suppress.
The Court will briefly set forth the facts. More information about the searches and seizures in question may be found in the affidavits submitted in support of the search warrants and criminal complaint. See Aff. of Abhilash Pillai in Supp. of Warrant Application, Jan. 6, 2011 ("Pillai Aff. I"), Ex. A to Mem. in Opp'n [doc. # 33-1] at 4-18; Aff. of Abhilash Pillai in Supp. of Criminal Compl., Jan. 7, 2011 ("Pillai Aff. II"), Ex. H to Mem. in Opp'n [doc. # 33-8] at 3-8. In December 2010, after receiving information from a confidential informant ("CHS-1"), Hartford police detectives conducted surveillance at the House. CHS-1, who was registered with both the Hartford Police Department and the Federal Bureau of Investigation ("FBI"), had previously supplied reliable information about drug trafficking. CHS-1 told police that Mr. Rodriguez was engaged in drug dealing with the help of his companion, Jocelyn Perez.
At various times on or between December 21, 2010 and January 3, 2011, law enforcement agents conducted surveillance of the House. On several occasions, investigators observed Mr. Rodriguez exit the rear door of the House and then enter and drive a Honda Accord with tinted windows bearing Connecticut marker plate 253-XWA ("the Honda").
Under the observation of investigators, CHS-1 engaged in two controlled narcotics transactions with the Defendants - one with Ms. Perez, and one with Mr. Rodriguez - in late December 2010 and early January 2011. During the week ending December 31, 2010,investigators met with CHS-1 for the purpose or arranging a controlled drug purchase from Mr. Rodriguez. Under the supervision and at the direction of investigators, CHS-1 placed a telephone call to Mr. Rodriguez's cell phone and told Mr. Rodriguez that he wanted to meet. See Pillai Aff. I, Ex. A to Mem. in Opp'n [doc. # 33-1] ¶ 11. Mr. Rodriguez told CHS-1 to go to the parking lot at 85 Dillon Road in Hartford, where CHS-1 would meet Ms. Perez. In this and other telephone conversations, Mr. Rodriguez did not discuss specific quantities or prices with CHS-1.
During the week beginning January 3, 2011, while investigators were conducting surveillance of the House, Mr. Rodriguez arrived there in the Honda with an unknown male as the front seat passenger. Both men exited the Honda and entered the rear door of the House. The unknown male was carrying a plastic bag. Shortly after observing Mr. Rodriguez arrive at the House, investigators again met with CHS-1 for the purpose of arranging a controlled purchase from Mr. Rodriguez. Under the supervision and at the direction of investigators, CHS-1 placed a telephone call to Mr. Rodriguez's cell phone. During the phone conversation, Mr. Rodriguez told CHS-1 to meet him in the parking lot of 85 Dillon Road. Mr. Rodriguez was observed departing the House through the rear door, driving the Honda to 85 Dillon Road, and meeting with CHS-1 in the Honda. Following the meeting, investigators met with CHS-1 at a pre-arranged meeting location. The CHS-1 reported that Mr. Rodriguez had said he had just acquired heroin and needed time to package it. The next day, CHS-1 again met Mr. Rodriguez in the parking lot at 85 Dillon Road, and using funds provided by investigators, he purchased heroin from Mr. Rodriguez, specifically, 100 sealed plastic sleeves labeled "Blu Dragon."
On January 5, 2011, Hartford Police Detectives Abhilash Pillai and Mark Rinaldi applied for a search and seizure warrant for the House in the Connecticut Superior Court. The SuperiorCourt judge expressed concern about whether there was probable cause to search the House, but agreed to sign the warrant. However, Detective Pillai instead decided to seek a second legal opinion and sought review by the United States Attorney's Office. After adding another paragraph (paragraph 15) to the affidavit in support of the warrant application, the affidavit was submitted to United States Magistrate Judge Donna Martinez. Paragraph 15 stated as follows:
During the week of January 3, 2011, members of the surveillance team were conducting surveillance of the Premises [at 146 Mark Twain Drive]. RODRIGUEZ arrived in the Honda, with an unknown male as the front seat passenger. Both men exited the Honda, and entered the rear door of the Premises. The unknown male was carrying a plastic bag. Shortly after observing RODRIGUEZ arrive at the PREMISES, I, along with other investigators, met with CHS-1 for the purpose of arranging a controlled purchase from RODRIGUEZ. CHS-1 and his/her vehicle was searched to confirm s/he was not in possession of any controlled substance, money or contraband. I then provided CHS-1 a sum of United States currency form the Hartford Police Narcotics Drug Fund for the purpose of purchasing narcotics from RODRIGUEZ. Under the supervision and at the direction of the investigators, CHS-1 placed a telephone call to RODRIGUEZ's cell phone [the number is stated]. During the phone conversation, RODRIGUEZ told CHS-1 to meet in the parking lot of 85 Dillon Road. RODRIGUEZ was observed departing the PREMISES through a rear door, driving the Honda to 85 Dillon Road, and meeting with CHS-1 in the Honda. CHS-1 reported that the transaction did not occur because RODRIGUEZ reported that he just acquired 100 grams of heroin and was in the process of packaging the heroin and needed several hours before the heroin would be ready for delivery.
Pillai Aff. I, Ex. A to Mem. in Opp'n [doc. # 33-1] ¶ 15.
Assistant United States Attorney ("AUSA") Brian Leaming arranged to meet with Magistrate Judge Martinez to present the affidavit and seek a search warrant. Detective Pillai accompanied AUSA Leaming to Magistrate Judge Martinez's chambers. On January 6, 2011, Magistrate Judge Martinez authorized search and seizure warrants for the House and the Honda.
On January 7, 2011, the officers executed the warrants. At approximately 3:35 p.m., investigators - including at least one FBI Special Agent - entered the House, where Ms. Perez was present with an adult male and her four minor children. Ms. Perez confirmed that she hadresided there for approximately three months. A search of the House began immediately, and before 3:50 p.m., substantial quantities of heroin - 3482 bags of heroin, with 1300 of those marked "Blu Dragon" - were seized from a hallway closet on the second floor.
Meanwhile, at approximately 3:40 p.m., Hartford police officers, including Detective Rinaldi and Detective Alexander Estrella, detained Mr. Rodriguez shortly after he entered the Honda in the parking lot of 72 Albany Avenue. Police approached the car with their handguns or tasers drawn. Mr. Rodriguez was handcuffed, subjected to a pat down for weapons, and placed in a marked police cruiser while an initial search of the Honda's interior began. According to Detective Rinaldi's testimony, when Mr. Rodriguez was handed over to Detective Rinaldi at 72 Albany Avenue for a pat down search, Detective Rinaldi asked whether Mr. Rodriguez had anything on him that could harm the detective, and Mr. Rodriguez said he had cash and cell phones in his front pocket. Detective Estrella testified that he, too, asked Mr. Rodriguez whether he had anything on him prior to conducting a pat down search, and Mr. Rodriguez replied that he had some cash. Detective Rinaldi and Detective Estrella both testified that they did not seize the cell phones or cash from Mr. Rodriguez at that time.
While they were conducting the vehicle search at Albany Avenue, Detective Rinaldi received a call on his radio from Detective Pillai, who was one of the investigators at the House. Detective Pillai informed Detective Rinaldi that a large quantity of drugs had been found and told him to bring Mr. Rodriguez to the House. The investigators transported Mr. Rodriguez and the Honda to the House, where a narcotics dog was present. By approximately 3:50 p.m., Mr. Rodriguez had arrived at the House in the marked police cruiser.
At the House, investigators conducted a more thorough search of the Honda using the narcotics dog. No narcotics or other contraband was found in the Honda. According to DetectiveEstrella's testimony, Detective Estrella asked investigators at the House what was to be done with Mr. Rodriguez. Someone - Detective Estrella did not recall who - said that Mr. Rodriguez was under arrest. Detective...
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