United States v. Maxwell
| Jurisdiction | United States,Federal,Pennsylvania |
| Parties | UNITED STATES OF AMERICA v. TERRENCE MAXWELL |
| Decision Date | 17 January 2024 |
| Court | U.S. District Court — Eastern District of Pennsylvania |
| Docket Number | CRIMINAL 23-cr-00026-7 |
Defendant was named, along with several co-defendants, in a Superseding Indictment charging them with conspiracy to commit drug trafficking and other drug and firearm offenses. Presently before the Court is Defendant's pretrial motion to suppress evidence seized from him and a black bag during warrantless searches. As explained below, the motion to suppress will be denied.
On January 24, 2023, the Grand Jury returned an Indictment charging Defendant Terrence Maxwell (“Maxwell”) and eight co-defendants, most of whom were alleged members of the Gillard Street Gang, with conspiracy to distribute illegal narcotics as well as various other drug and firearm charges, all arising out of illegal activities occurring in Philadelphia, Pennsylvania from April 2021 through early January 2023. See ECF No. 1. Maxwell was charged with (1) one count of conspiracy to distribute methamphetamine, phencyclidine, fentanyl, cocaine base, and heroin, in violation of 21 U.S.C. § 846;[1](2) one count of possession of a controlled substance with intent to distribute, in violation of 21 U.S.C. § 841(a)(1), (b)(1)(C);[2](3) one count of possession of a firearm in furtherance of a drug trafficking crime, in violation of 18 U.S.C. § 924(c)(4);[3]and one count of possession of a firearm by a convicted felon, in violation of 18 U.S.C. § 922(g)(1).[4]See Indictment at 1-12, 23-25. On July 18, 2023, the Grand Jury returned a Superseding Indictment charging Maxwell with the same offenses. See Superseding Indictment at 1-13, 24-26, ECF No 91.
After the filing of the Superseding Indictment, Maxwell filed the instant Motion to Suppress Tangible Evidence Seized Following Unlawful Stop and Search of a Black Bag, with a supporting memorandum of law, on October 17, 2023. See ECF No. 181. The Government filed a response in opposition to this Motion on October 31, 2023. See ECF No. 183. An evidentiary hearing was held on the Motion on December 12, 2023.[5]The Motion is ripe for disposition.[6]
Based on the evidence presented during the evidentiary hearing on December 12, 2023, the Court makes the following findings of fact:
1. In approximately March 2022, Special Agent William Becker (“SA Becker”) of the Federal Bureau of Investigation (“FBI”) started investigating the Gillard Street Gang (“GSG”) because of the high volume of crimes, large-scale narcotics trafficking, and instances of violence occurring in the vicinity of 2900 Tulip Street in Philadelphia, Pennsylvania.
2. SA Becker has worked for the FBI for approximately seven years, and he is currently stationed in the FBI's Philadelphia Division.
3. SA Becker is assigned to Philadelphia's Safe Street Violent Gang and Drug Task Force (“Task Force”), which the FBI established to identify and dismantle cities' most violent street gangs through the various federal narcotics trafficking and firearm offenses.
4. SA Becker is a member of the Philadelphia Division's SWAT Team, and he serves as an FBI firearms and tactics instructor.
5. Prior to joining the FBI, SA Becker was employed as a Patrolman for the Whitpain Township Police Department in Montgomery County, Pennsylvania. While serving as a Patrolman in Whitpain Township, SA Becker was assigned to the Montgomery County District Attorney's narcotics task force, and he operated as a task force officer with Department of Homeland Security investigations.
6. While SA Becker and the Task Force were investigating the GSG, they conducted over 20 controlled purchases of illegal narcotics from GSG members in the area of 2900 Tulip Street. For these controlled purchases, law enforcement would task multiple Confidential Human Sources (“CHS”)-non-law enforcement officers who agreed to cooperate with law enforcement for various reasons, including working off previous criminal charges or receiving monetary compensation-with purchasing evidence from various GSG members. The CHSs were outfitted with video and audio recording equipment when conducting the controlled purchases. The vast majority of controlled purchases in the investigation of GSG were conducted with Co-Defendant Diane Gillard (“Ms. Gillard”).
7. As part of their investigation of the GSG, SA Becker and the Task Force installed pole cameras-covert cameras placed on utility poles, enabling law enforcement to conduct electronic surveillance in areas plagued by high crime and where physical surveillance would be difficult-on 2900 Tulip Street and at the intersection of Memphis and Ann Streets, which was a block away from Tulip Street.
8. From March 23, 2022, through and including June 1, 2022, SA Becker and the Task Force conducted five controlled purchases from Ms. Gillard in the area of 2900 Tulip Street. These controlled purchases involved purchases of methamphetamine and PCP from Ms. Gillard.
9. On June 2, 2022, SA Becker received a tip from a CHS that Maxwell was on the intersection of Memphis and Ann Street, was interacting with Ms. Gillard, and possibly had a firearm in his possession. SA Becker had known the CHS for several years and determined that they were a reliable source.
10. Video from the pole camera located at the intersection of Memphis and Ann Streets on the evening of June 2, 2022, showed Maxwell wearing a white t-shirt, blue jeans, black and white sneakers, and a black bag around his chest. Maxwell had long dreadlocks as well.[8]
11. During the video footage, Maxwell appeared to make a “hand-to-hand transaction” with another individual wearing a red shirt and shorts.
12. Based on his training and experience, SA Becker explained that a hand-to-hand transaction is an occurrence where a drug dealer hands a drug customer a particular quantity of narcotics. He has observed hundreds of hand-to-hand transactions over the course of his law enforcement career.
13. Based on his training and experience, SA Becker believed that Maxwell provided a small quantity of narcotics to the individual in the red shirt.
14. Later in the video, Maxwell, who had opened the rear passenger door of a black Jeep parked at a street corner, interacted with Ms. Gillard, who was seated in the front passenger seat of the Jeep. They proceeded to hand various items back and forth to each other.[9]
15. During the entire time he handed items back and forth with Ms. Gillard, Maxwell wore the same black bag across his chest.
16. After handing items back and forth with Ms. Gillard, Maxwell closed the rear passenger side door. At this time, he was holding a light blue backpack he had retrieved from the Jeep. He then unzipped a front pocket on the light blue backpack and dropped something in the now-unzipped front pocket.
17. Maxwell next unzipped a pocket on the front of the black bag he carried across his chest and proceeded to retrieve a large orange prescription bottle with a label on it.
18. Illegal narcotics are regularly stored in prescription bottles, with or without the labels on them.
19. Maxwell showed the prescription bottle to Ms. Gillard, and she eventually took the bottle from him.[10]
20. Ms. Gillard later returned the prescription bottle to Maxwell, only to then take Maxwell's black bag. 21. Ms. Gillard appeared to hold the black bag for a short period until returning it to Maxwell. At this point, the front passenger side door of the Jeep closed, with Maxwell now wearing the light blue backpack on his back and carrying his black bag in one of his hands.
22. Maxwell proceeded to again place the black bag over his shoulder, while moving the light blue backpack to one of his hands.
23. After briefing interacting with an individual with a long-sleeved black shirt, Maxwell placed the light blue backpack on steps leading to a residence, which was located very close to where he had been meeting with Ms. Gillard. He then proceeded to remove several small items from at least a couple of pockets of the light blue backpack and place those items into his black bag. After removing the items, Maxwell zipped up the pockets on the light blue backpack.
24. Later, Maxwell handed the light blue backpack to an individual located on the porch next to the stairs where Maxwell had transferred items from the light blue backpack to his black bag.
25. Maxwell then crossed from one street corner to another, where he met an individual wearing a gray shirt. Maxwell conducted a hand-to-hand transaction with the individual in the gray shirt, who then promptly conducted a hand-to-hand transaction with an individual in a white t-shirt. The individual in the white t-shirt took the item handed to him, passed an item back to the individual in the gray shirt, and then proceeded to walk away. Next, the individual in the gray shirt walked over to Maxwell and began talking with him. The individual in the gray shirt also handed a small item to Maxwell, who placed that item in his left pants pocket.
26. Soon thereafter, Maxwell handed a small item to the individual in the gray shirt, who then walked away.
27. A few minutes later, Maxwell briefly reached into his left pocket, retrieved what appears to be United States currency, and quickly returned it into his pocket.
28. SA Becker could not definitively determine that the currency Maxwell possessed on the surveillance video was from drug transactions.
29. Based on the surveillance of Maxwell on the pole camera during which SA Becker observed, inter alia, the exchange of the orange prescription bottle and other items between Ms. Gillard and Maxwell, Maxwell taking several items from the light blue...
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