U.S. & People v. Benjamin

UNITED STATES OF AMERICAand PEOPLE OF THE VIRGIN ISLANDS v. JAHEEM BENJAMIN, Defendant.

Criminal No. 2017-0010

DISTRICT COURT OF THE VIRGIN ISLANDS DIVISION OF ST. CROIX

December 30, 2018

Attorneys:

Daniel H. Huston, Esq.,

St. Croix, U.S.V.I.

For the Government

Omodare B. Jupiter, Esq.,

St. Croix, U.S.V.I.

For Defendant

MEMORANDUM OPINION

Lewis, Chief Judge

THIS MATTER comes before the Court on Defendant Jaheem Benjamin's ("Defendant" or "Benjamin") "Motion to Suppress Tangible and Derivative Evidence" (Dkt. No. 27) and "Motion to Suppress Statements" (Dkt. No. 28) (together, "Motion to Suppress"); the Government's omnibus opposition thereto (Dkt. No. 32); Defendant's "Response to Government's Opposition to Motion to Suppress Evidence" (Dkt. No. 34) and "Response to Government's Opposition to Motion to Suppress Statements" (Dkt. No. 35); testimony at the suppression hearing; Defendant's supplemental briefing (Dkt. No. 67); and the Government's amended supplemental response (Dkt. No. 74). For the following reasons, the Court will deny Defendant's Motion to Suppress.

I. BACKGROUND

On March 7, 2017, the Government filed an Amended Information against Benjamin charging him with the following counts: (1) Manufacture of Marijuana, in violation of 21 U.S.C. §§ 841(a)(1) and 841(b)(1)(D); (2) Possession of Marijuana with Intent to Distribute, in violation of 21 U.S.C. §§ 841(a)(1) and 841(b)(1)(D) and; (3) Illegal Use of Utility Equipment, in violation of 14 V.I.C. §§ 1263(b)(1) and (3). (Dkt. No. 12).¹

At the suppression hearing, Drug Enforcement Administration ("DEA") Special Agent Jeremy Latchman ("SA Latchman") testified, and three Government exhibits were admitted into evidence: (1) a Consent to Search form ("Consent Form"); (2) a DEA Recording Declination form; and (3) an Advice of Rights form. See Government Exhibit Numbers ("Gov't Ex. No.") 1-3. All three forms were signed by Defendant and SA Latchman. One Defense exhibit was admitted into evidence: a Report of Investigation prepared by SA Latchman. See Defendant Exhibit Number ("Def. Ex. No.") 4. Unless otherwise specifically indicated, the facts recounted herein come from the testimony of SA Latchman and the exhibits admitted into evidence. The following facts emerged from the record established at the suppression hearing.²

On February 14, 2017, Task Force Officer ("TFO") Moses President ("TFO President") from the DEA St. Croix Resident Office received a tip from an anonymous Source of Information ("SOI") concerning an alleged marijuana cultivation operation at a residence located at 92 UpperLove, Fredriksted, St. Croix. (Dkt. No. 1-1 at 1). The SOI reported that there was a structure behind the residence which contained the marijuana. Id.

TFO President had personal knowledge of where the property was located and the identity of the possible residents—one of whom was Keisha Benjamin. Ms. Benjamin was a police officer with the Virgin Islands Police Department ("VIPD") and was Defendant's sister. Following up on TFO President's information, SA Latchman and TFO Donnel Samuel ("TFO Samuel") contacted Ms. Benjamin at approximately 11:40 a.m on February 14, 2017. (Def. Ex. No. 4 at 1). TFO Samuel advised Ms. Benjamin of the information they had received and requested her cooperation in the investigation. Ms. Benjamin agreed to cooperate and accompanied SA Latchman and TFO Samuel to the residence.

Upon arriving at 92 Upper Love, Ms. Benjamin informed the officers that, while she used to live there, she had recently moved out and that her brother "lives at the home and would probably be home."³ SA Latchman and TFO Samuel asked Ms. Benjamin to call her brother and, if he was home, to ask him to come out. Ms. Benjamin complied with their request. When Defendant came out of the house, he was greeted by SA Latchman, TFO President and TFO Samuel—all of whom had stepped out of their vehicles and were standing in the driveway with Ms. Benjamin.⁴

Once Defendant approached them, TFO Samuel and SA Latchman told him they were there because they had received information regarding marijuana being grown on the property. SALatchman and TFO Samuel asked Benjamin for his cooperation "to conduct a search and retrieve the marijuana plants." SA Latchman told Benjamin that "he can voluntarily provide [them] assistance." At this stage, none of the officers had drawn their weapons,⁵ accused Benjamin of any crime, told him he was under arrest, or told him he could not leave. SA Latchman also characterized his tone with Benjamin as conversational.

In response to the officers' requests, Benjamin stated that he would cooperate and "explicitly" consented to the search. Benjamin then walked towards the right side of the residence onto a well-worn pathway. SA Latchman asked Benjamin where he was taking them, and Benjamin responded, "it's just a few plants or a couple of plants." The officers followed Benjamin onto the path, walking single file towards the rear of the residence. SA Latchman was about five to six feet behind Benjamin, and he was immediately followed by TFOs Samuel and President. The path was surrounded by some debris and grass that was about one to two feet high. While the path was the easiest way in and out, it was not the only ingress or egress to the rear of the house. Access to the back was also achievable by just "walking on the grass" or "[going] around the other way" towards the back of the house. While Benjamin led them on the path, none of the officers drew their weapons, touched Benjamin, yelled at him, or asked him any questions.

At the rear of the residence, SA Latchman saw a smaller wooden structure separated from the main house. As they approached the shed, SA Latchman smelled a strong odor of marijuana, heard and observed air conditioner units, and saw electrical wires running from the building—all of which indicated to SA Latchman a marijuana growth operation.

Benjamin walked up to the door of the shed and—without being instructed by SA Latchman or the other officers—unlocked it with a key and proceeded to open the door.⁶ Before Benjamin could enter the building, SA Latchman asked him if the officers could go in first. Benjamin said there was no one inside, but SA Latchman told him that, for the officers' safety, they would prefer to enter first. According to SA Latchman, Benjamin assented to the officers going in first.

Six to seven officers on the scene participated in clearing and searching the shed. SA Latchman and Benjamin remained outside the shed and stood on an open grassy field about 10 to 15 feet away from the building. While waiting for law enforcement to complete the search, Benjamin walked around unrestrained. Benjamin remained untouched by any of the officers; did not have weapons drawn on him; was not yelled at; and did not have his path blocked by officers. Benjamin also had not been questioned or accused at this point.

After the other officers cleared and searched the shed, they called out that they had discovered marijuana. SA Latchman told Benjamin that he was under arrest and would be transported to the DEA's office. Benjamin requested to get some personal items from the house before they left, and SA Latchman agreed. SA Latchman, Benjamin, and at least one other officer went inside the residence. SA Latchman stated that although Benjamin was in custody at this point, he was not physically restrained.

Once inside the residence, SA Latchman was standing in the living room when he pointed out to Benjamin and the other officer vials on the floor containing what he believed to bemarijuana. According to SA Latchman, Benjamin stated that was his marijuana.

After Benjamin collected his personal items, he was escorted by SA Latchman to TFO Samuel's vehicle. Before Benjamin was placed inside the vehicle, Benjamin signed a Consent Form. A Consent Form, dated February 14, 2017, was admitted into evidence and reflected Benjamin's signature, as well as that of SA Latchman and TFO Samuel.⁷ The form further reflects that it was signed at 12:15 p.m. SA Latchman testified that he did not force Benjamin to sign the form. After Benjamin signed the Consent Form, SA Latchman patted Benjamin down for weapons and handcuffed him. SA Latchman then placed Benjamin in the front passenger seat of the vehicle, while SA Latchman sat behind Benjamin and TFO Samuel drove.

While inside the vehicle, SA Latchman verbally advised Benjamin of his Miranda rights by reading them from an Advice of Rights Form.⁸ SA Latchman then asked Benjamin the two questions listed on the form: (1) Do you understand your rights? and (2) Are you willing to answer some questions? Benjamin said yes—not to each question, but after both questions were asked. SA Latchman testified that he did not tell Benjamin that he had to sign the form, nor did he threaten Benjamin in any way to get him to waive his rights and agree to speak. SA Latchman then advisedBenjamin that he would be provided with a copy of the Miranda form that was read to him once they arrived at the DEA office. SA Latchman also asked Benjamin if he wanted his interview recorded and Benjamin declined. SA Latchman proceeded to question Benjamin in the vehicle and Benjamin allegedly made several incriminating statements in response.⁹

Once the parties arrived at the DEA office—which was about 15 minutes later—SA Latchman provided Benjamin with a copy of the Advice of Rights form¹⁰ that he had read to him in the vehicle and a copy of the Recording Declination Form.¹¹ SA Latchman stated that Benjaminread the forms and signed them. SA Latchman testified that he did not force Benjamin to sign the forms.

II. DEFENDANT'S MOTION TO SUPPRESS EVIDENCE

In his Motion to Suppress, Benjamin alleges that the searches conducted on the home and the shed were unlawful because: (1) the Government failed to prove that Benjamin had authority to consent to the search of the property;¹² (2) any consent given was not voluntary; and (3) Benjamin's "substandard [living] c...