United States v. Rideaux

• Decision Date: 25 August 2021
• Docket Number: 6:19-CR-00046-01
• Parties: UNITED STATES OF AMERICA v. RASHEED RIDEAUX (01)
• Court: U.S. District Court — Western District of Louisiana

UNITED STATES OF AMERICA v. RASHEED RIDEAUX (01)

No. 6:19-CR-00046-01

United States District Court, W.D. Louisiana, Lafayette Division

August 25, 2021

CAROL B. WHITEHURST MAGISTRATE JUDGE.

JUDGMENT

Terry A. Doughty United States District Judge.

The Report and Recommendation of the Magistrate Judge having been considered, together with the written objections thereto filed with this Court, and after a de novo review of the record, the Court ADOPTS the Report and Recommendation in part and DECLINES to ADOPT it in part.

To the extent the Magistrate Judge found that the initial stop and detention was constitutional, the Court ADOPTS the Report and Recommendation. To the extent the Magistrate Judge found that Defendant's consent to the searches of his cell phone was voluntary and was validly given, the Court ADOPTS the Report and Recommendation. To the extent the Magistrate Judge found that Defendant was arrested when he was handcuffed and brought to the post office for further questioning, the Court ADOPTS the Report and Recommendation. However, to the extent the Magistrate Judge found that the arrest was not supported by probable cause, the Court DECLINES TO ADOPT the Report and Recommendation.

At the time Rideaux was “arrested, ” the Special Agents knew the following:

1) Rideaux had, at least, on two prior occasions delivered suspicious packages^[1] to a different address than the one on the package label;

2) Prior to Rideaux's arrest, twelve (12) suspicious packages were sent to Rideaux's route (Route 5) in Opelousas addressed to Joshua Joseph, 702 South Oak Opelousas, LA;

3) A Joshua Joseph did not live at 702 South Oak, Opelousas LA;

4) One of the packages was removed and taken to the St Landry Parish Sheriff's Office for a canine sniff by a certified drug detection canine, who alerted positive for illegal narcotics in the package;

5) That the remaining eleven (11) packages were reintroduced into the mail with a scheduled delivery date of December 17 2018;

6) On the morning of December 17, 2018, Rideaux left the post office early to deliver the elven (11) suspicious packages;

7) Although addressed to 720 South Oak, Opelousas, KA, Rideaux delivered the eleven (11) suspicious packages to 425 Carrier Street;

8) After delivering the eleven (11) packages, Rideaux went back to the post office to get the 12th package;

9) After being stopped, Rideaux consented to the search of his cell phone (with regard to the individual he delivered to) and the Special Agents video-recorded numerous text messages between Rideaux and the individual he delivered the packages;

10) The messages to this unknown individual began in early November 2018;

11) The text messages revealed that Rideaux had, on two prior occasions, received text messages from the unknown individual alerting Rideaux that some packages were on the way and that he would let Rideaux know where to deliver the packages;

12) The text messages further revealed that Rideaux delivered these suspicious packages to the unknown individual at a different address than the ones on the package label;

13) The unknown individual also told Rideaux that he changed his cellphone number every month or so;

14) That Rideaux admitted delivering the packages, that he received $100 in cash from this unknown individual on each of the two prior occasions, and that he received $180 cash on December 17, 2018 (Totaling $380.00);

15) United States Post Office regulations only allows a postal carrier to accept tips of not more than $20.00 from a customer;

16) Rideaux knew that the unknown individual was not the addressee on any of the packages.

Probable cause to arrest depends “upon whether, at the moment the arrest was made ... the facts and circumstances within [the arresting officers'] knowledge and of which they had reasonably trustworthy information were sufficient to warrant a prudent man in believing that the [suspect] had committed or was...