United States v. Nunez
| Decision Date | 15 April 2021 |
| Docket Number | 2:19-CR-00381-MJH |
| Parties | UNITED STATES OF AMERICA, Plaintiff, v. ARACELIS MARTINEZ NUNEZ, Defendant |
| Court | U.S. District Court — Western District of Pennsylvania |
Defendant, Aracelis Martinez Nunez, is charged in a one-count superseding indictment with conspiracy to possess with intent to distribute and distribute five (5) kilograms or more of cocaine, in violation of 21 U.S.C. § 841. (ECF No. 147). Presently before the Court are the following pretrial motions filed by Ms. Nunez: Motion to Suppress Evidence Seized After Detention (ECF No. 290); Motion to Compel 404(b) Materials (ECF No. 291); Motion to Compel Production of Favorable Evidence (ECF No. 292); Motion to Compel Production of Grand Jury Transcripts (ECF No. 293); Motion for Production of Jencks Material (ECF No. 294); and Motion to Preserve Rough Notes (ECF No. 295). The Government has filed a Response thereto (ECF No. 306), and Ms. Nunez has replied (ECF No. 311). A suppression hearing was held on March 22, 2021. Following consideration of the motions, briefs, testimony, and arguments of counsel, Ms. Nunez's Motions will be granted in part and denied part.
On or about November 20, 2019, Troopers Daniel Beatty and David Williams of the Pennsylvania State Police (PSP) received a tip from a "known individual" concerning a suspicious GMC Acadia with a Colorado registration parked at a Days Inn located in Monroeville, PA. Acting on this tip, Troopers Beatty and Williams subsequently observed that the GMC Acadia in the hotel parking lot. Around 1100 that day, the troopers also observed a black Honda Accord with an Indiana temporary registration tag. The Honda Accord was occupied by three Hispanic males, later identified as Alvarado Llanes, Alvarado Felix, and Zazueta Garcia, co-defendants in this case. At approximately 1125 hours, the Honda Accord left the rear of the Days Inn parking lot.
At approximately 1404 hours, Trooper Beatty observed Mr. Quintero Felix and Ms. Nunez in the hotel lobby. Trooper Williams previously observed Ms. Nunez on hotel surveillance. At approximately 1407 hours, Trooper Beatty observed Ms. Nunez and Mr. Quintero Felix exit the hotel and enter the driver's door of the GMC Acadia. Ms. Nunez drove the GMC Acadia to Denny's at 3980 William Penn Highway, where she and Mr. Quintero Felix entered the restaurant. At approximately 1421 hours, Trooper Beatty learned that the GMC Acadia was owned by Selena P. Orozco of 7207 West Cheryl Drive, Peoria, Arizona. At this time, Trooper Beatty also discovered that Orozco is the subject of a narcotics investigation. A further investigation of the Acadia's vehicle history revealed the vehicle had been deemed a total loss, a salvage title had been issued twice, and the title had been rebuilt and issued to Orozco. At the Suppression hearing, Trooper Beatty testified that, based upon his training and experience, the circumstances of the Acadia's registration were consistent with tradecraft employed by drug trafficking organizations.
At approximately 1433 hours, electronic surveillance observed the Honda Accord at an EZ storage facility where suspected drug trafficking activities occurred. Troopers Beatty and Williams observed the occupants of the Accord, later identified as Alvarado Llanes and ZazuetaGarcia, talking on their cell phones, looking around nervously, and generally acting suspicious. The Honda Accord left the facility at approximately 1455 hours. According to Trooper Beatty, "...the PSP had prior knowledge that this storage unit was associated with Martinez-Nunez and Felix."
At approximately 1455 hours, Ms. Nunez and Quintero Felix left Denny's and re-entered the GMC Acadia with Ms. Nunez once again driving. Ms. Nunez then parked in a Rite Aid parking lot at 3434 William Penn Highway. She and Quintero Felix went into the Rite Aid, left the Rite Aid, and then went to a nearby Dollar Tree. At approximately 1550 hours, Ms. Nunez and Quintero Felix left Dollar Tree. Mr. Quintero Felix entered the driver's side of the GMC Arcadia, and they drove back to the hotel and went inside. At approximately 1738 hours, Ms. Nunez and Mr. Quintero Felix left their room and went to the lobby and spoke with hotel staff. A few minutes later, Ms. Nunez briefly went back to the room and returned to the lobby.
According to Trooper Beatty, Ms. Nunez and Mr. Quintero Felix appeared to be checking out one day earlier then their reservation. At approximately 1744 hours, Ms. Nunez entered the driver's side door of the GMC Acadia. Ms. Nunez proceeded to drive as follows: a. She went through a AAA parking lot and turned left on SR 48.; b. Once reaching the intersection of Old William Penn Highway, Ms. Nunez made an abrupt U-turn and traveled in the opposite direction; c. The GMC Acadia then went past the Days Inn hotel they had been staying: d. The GMC Acadia often changed lanes without signaling and then changed lanes back to the original lane of travel; e. The GMC Acadia drove three blocks, turned around and traveled past the hotel again. According to Trooper Beatty, Ms. Nunez's driving behavior is indicative of someone trying to "lose a tail."
At approximately 1810 hours, Ms. Nunez arrived at the Speedway gas station located at 4363 Broadway Blvd., Monroeville, Pennsylvania. Ms. Nunez drove the vehicle around the parking lot, stopping once at a pump for large trucks and then moving to a different pump. Mr. Quintero Felix then exited the vehicle and proceeded into the Speedway gas station building. Mr. Quintero Felix returned a few minutes later and the vehicle moved 100 feet and parked on the edge of the traffic way, parallel to SR 130, facing south. Trooper Beatty testified, based upon his training and experience, that these actions were for the purpose of surveilling the area. At approximately 1817 hours, the Honda Accord was observed in a parking lot adjacent to the driveway of the Speedway gas station. At approximately 1825 hours, the Honda Accord was observed entering the driveway of the Speedway gas station, then turning left on SR 48, and traveling in a northbound direction. At approximately 1825 hours, the GMC Acadia changed position in the Speedway parking lot and moved to a parking stall, and Ms. Nunez and Mr. Quintero Felix entered the store. At approximately 1832 hours, both exited the store, and Ms. Nunez entered the driver's side of the vehicle. Law enforcement then observed that the vehicle drove normally but avoided a more direct highway route, and it exited I-376 and went up Market Place Blvd, then made an abrupt U-turn and went downhill the way it had come. At approximately 1915 hours, law enforcement saw the Honda Accord park at the At Home store, 2000 Casteel Drive, Coraopolis, Pennsylvania, parking lot and all three occupants stayed in the vehicle. At approximately 1917 hours, the GMC Acadia entered the parking lot of a closed business, and Ms. Nunez and Mr. Quintero Felix exited the vehicle and changed driver positions so that Felix became the driver. Felix started driving back the way the vehicle had come, and at approximately 1922 hours, the GMC Arcadia parked at the Pit Stop Airport Parking, across from the At Home Store. The GMC Acadia stopped in a location where the occupants could see theHonda Accord, which was located in an area not designated for parking. At approximately 1946 hours, the GMC Acadia started moving slowly towards the At Home store, but it stopped and focused on a surveillance vehicle and then did a U-turn and left the At Home store. At approximately 1949 hours, the Honda Accord left the At Home store and merged onto I-376, exited I-376, and then merged back onto I-376. At approximately 1956 hours, the Honda Accord entered the short-term parking lot of the Pittsburgh International Airport, then immediately left that lot, and parked at the Sunoco gas station located near the airport. The three occupants of the Honda Accord entered the gas station store and then returned to their vehicle and remained in the Sunoco parking lot. At approximately 2025 hours, the Honda Accord left the Sunoco gas station, entered the airport short-term parking lot, and then exited that lot with the GMC Acadia following behind them. Both vehicles then entered the parking area of the airport. The GMC Acadia was observed abruptly parking in the enclosed parking garage. Occupants of both vehicles were then observed quickly unloading bags from the trunk of the GMC Arcadia, placing them into the trunk of the Honda Accord.
At approximately 2048 hours, PSP approached and detained all occupants of the vehicles. Ms. Nunez was standing behind the trunk of the Honda Accord. Ms. Nunez had placed her pillow, a light-colored backpack and a cellular phone on top of the trunk of the Honda Accord. She was placed in handcuffs and moved away from the other occupants. A narcotics detection canine responded to the scene and conducted a canine sniff of both vehicles. The dog alerted on both vehicles. The occupants were then transported to the Allegheny County Police station at the airport. The vehicles were transported to an indoor garage at the airport. A probable cause search was then conducted on the vehicles. Approximately 14-kilogram sized blocks of suspected cocaine were discovered in the GMC Acadia in a natural void which was modified andaccessed through the rear wheels of the vehicle. No illegal narcotics were located in the Honda Accord.
Ms. Nunez contends that all evidence seized as a result of her detention must be suppressed because police did not have reasonable suspicion to seize her. (ECF No. 290). Ms. Nunez maintains that no reasonable officer would examine these facts and determine that she was engaged in criminal activity and that her detention and the evidence seized thereafter violated her Fourth...
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