United States v. Angrand

1

UNITED STATES OF AMERICA v. ROMUEL ANGRAND, Defendant.

No. 1:22-cr-20558-KMM

United States District Court, S.D. Florida

August 29, 2023

REPORT AND RECOMMENDATIONS

LAUREN F. LOUIS, UNITED STATES MAGISTRATE JUDGE

THIS CAUSE is before the Court upon Defendant Romuel Angrand's Motion to Suppress Physical Evidence. (ECF No 55). The Government filed a response in opposition. (ECF No 58). Defendant did not file a reply. The matter was referred to the undersigned by the Honorable K. Michael Moore, United States District Judge, to take all necessary and proper action as required by law and/or to submit a Report and Recommendation regarding all matters and pretrial motions. (ECF No. 29). A hearing on the Motion was held on July 31 2023. As I advised the Parties in open court, the undersigned respectfully RECOMMENDS that Defendant's Motion be DENIED. I. BACKGROUND

The charges in this case arise from a traffic stop, subsequent detention of Defendant, and inventory search of Defendant's vehicle on November 29, 2021. Based on the evidence seized, Defendant was charged with conspiracy to commit access device fraud, possession of fifteen or more unauthorized access devices, aggravated identity theft possession with the intent to distribute a controlled substance, and possession of a firearm and ammunition after previously being convicted of a felony. (ECF No. 24). Defendant moves to suppress the physical evidence seized during the traffic stop and the subsequent detention and inventory search, including: six credit cards belonging to other persons found in Defendant's vehicle;^[1] four driver's licenses or identification cards belonging to other persons, found in the trunk of Defendant's vehicle; four 12-gauge Winchester shotgun shells, found in the trunk of Defendant's vehicle allegedly wrapped in plastic bags and placed inside a box; five bags of suspected cannabis totaling 11.04 grams, found in the front left side pocket of the vehicle and inside the trunk; one sealed bag of suspected cannabis, weighing 219 grams, found in the trunk of Defendant's vehicle; one unsealed bag of suspected cannabis; one clear plastic bag containing four multicolored plastic baggies with suspected cannabis totaling 9.33 grams; one black Taurus 9-millimeter semiautomatic handgun, along with one empty magazine and three 9-mm projectiles, found underneath the driver's seat of the vehicle; and one black Samsung Galaxy S8 cellular phone, found on Defendant's person.

On July 31, 2023, the Court held an evidentiary hearing on Defendant's Motion. The Government called Lieutenant Rosa Carvajal (“Lt. Carvajal”) and Officer Henry Fitoria (“Officer Fitoria”) to testify at the hearing. Defendant also testified.

II. FINDINGS OF FACT

On November 29, 2021, around 12:40 A.M., Lt. Rosa Carvajal of the Miami Beach Police Department (“MBPD”) was patrolling South Beach in a marked patrol car. Known as the “entertainment district,” the area south of 11th Street between Collins Avenue and Washington Avenue is primarily comprised of hotels, restaurants, bars, and clubs; some serving alcohol up until 5:00 A.M. The area is known to law enforcement for “vice crimes,” such as narcotics trafficking.

Lt. Carvajal observed a white 2020 Mazda sedan at a red light, at the intersection of Washington Avenue and 10th Street. The Mazda, later determined to be Defendant's car, was facing eastbound and stopped in the crosswalk, though a green light was indicated for its direction of travel. Lt. Carvajal testified that blocking the crosswalk constitutes a traffic violation under Florida law.

Defendant's vehicle then made a right turn onto Washington Avenue and headed southbound. Lt. Carvajal followed Defendant's vehicle southbound, remaining two car lengths behind Defendant's vehicle and with no vehicles between them. Lt. Carvajal observed flashing of high beams from Defendant's car, approximately ten times, around the intersection of 9th Street and Washington Avenue. Lt. Carvajal followed Defendant southbound to a red light at the intersection of 5th Street and Washington Avenue. At the light change, Defendant made a left hand turn from the center lane; there is a dedicated left-turn lane at that intersection. Lt. Carvajal testified that turning left from the center lane where there is a devoted left turn lane constitutes a traffic violation under Florida law.

Defendant's vehicle then proceeded eastbound on 5th Street. Defendant approached a red light at the intersection of 5th Street and Collins Avenue. Defendant stopped at the red light, but then proceeded to make a left turn while the light remained red. Lt. Carvajal testified that running a red light is a traffic infraction under Florida law.

Defendant proceeded to head northbound on Collins Avenue. While following Defendant's vehicle northbound on Collins Avenue, Lt. Carvajal decided to conduct a traffic stop and reported same over the police radio. Lt. Carvajal testified that she requested backup for the stop because of the late hour of the night; she is a female officer, alone; the vehicle had dark tinted windows, and she could not see how many occupants were in the vehicle; and for her safety, she wanted backup. As Defendant approached 11th Street, he made a left turn heading west on 11th Street. Once Lt. Carvajal saw at least one officer behind her, Lt. Carvajal turned on her lights to effectuate a traffic stop. Defendant was stopped near 11th Street and Collins Court.

When Lt. Carvajal got out of her vehicle, she noticed that the windows of Defendant's vehicle were heavily tinted.^[2] Before approaching the vehicle, Lt. Carvajal activated her body worn camera, which activates recording from a short time before activation. Lt. Carvajal approached Defendant's vehicle on the driver's side. Defendant's driver's window was down, but the other windows remained rolled up.

Defendant had his left arm out of the window with a driver's license in his hand. Lt. Carvajal then directed Defendant to show his hands. Defendant then reached out both hands out of the window. Defendant's right hand then returned into the vehicle after following Lt. Carvajal's command. Lt. Carvajal then demanded to see both of Defendant's hands again. Lt. Carvajal then inquired if anyone was in the back of the vehicle and then attempted to open the back door of Defendant's vehicle, but it did not open. Defendant responded that no one was in the back of the vehicle.

Lt. Carvajal then drew her weapon. Lt. Carvajal advised Defendant to stop reaching inside his vehicle and asked again if anyone was in the backseat. Defendant answered that there was no one in the backseat. Lt. Carvajal then advised Defendant to lower all windows, and Defendant complied. Lt. Carvajal demanded Defendant to get out of the vehicle.

Officer Henry Fitoria, who was first to arrive behind Lt. Carvajal, went to the driver side of the vehicle with Lt. Carvajal and MBPD Officer Stephanne Brown-Rosquete (“Officer Brown-Rosquete”). Defendant was taken out of the vehicle, put in handcuffs, and patted down.

Passenger Sarina Hill (“Hill”) was removed from the vehicle. Defendant, seated on the ground outside the car, demanded to know why he was pulled over; he was quite agitated by Lt. Carvajal's display of her firearm. Carvajal listed off the four traffic infractions she witnessed. Defendant denied the traffic infractions and questioned why, if she had actually observed so many offenses, she continued to follow him without stopping him for so long.

Lt. Carvajal testified that when the car doors were opened, she smelled marijuana from the car-burnt marijuana specifically. She testified that the smell of burnt marijuana was “very strong.” At that point, Lt. Carvajal testified, she was conducting a narcotics investigation based on her observations.

Lt. Carvajal approached Hill and asked if there was any “weed”^[3] in the vehicle. Hill answered that she had smoked. Lt. Carvajal persisted and asked again if there was any marijuana in the car; Hill answered “not that I'm aware of, but if there is, it's mine.” Lt. Carvajal looked inside the car and found a cup in the center console with a marijuana cigarette inside, and a small amount of marijuana in the passenger door compartment. At some point, Lt. Carvajal was approached by Officer Fitoria, who told her about an encounter he had with Defendant on the previous day; Officer Fitoria encountered Defendant in his vehicle, parked in an alley in a noparking area. When Officer Fitoria had approached the car, Defendant closed his door. Officer Fitoria spoke with him long enough to assess his demeanor as erratic and fidgety; Officer Fitoria found Defendant in possession of marijuana on that day as well. He elected not to arrest Defendant but just to issue a warning about his misdemeanor possession of marijuana. Officer Fitoria described the encounter to Lt. Carvajal, as well as his assessment that Defendant's behavior appeared even more erratic on the night of his arrest.

As Lt Carvajal searched the passenger side of the car for marijuana, Officer Fitoria searched the driver side. Video from the camera worn by Lt. Carvajal reveals that almost immediately, Officer Fitoria found a firearm under the driver's seat. Lt. Carvajal took the firearm and cleared it for safety. By this time, a records check had informed the officers that Defendant had previously been convicted of a felony and the decision was made to arrest him and Hill. Because the vehicle would be towed to inventory, and consistent with the MBPD tow policy, officers conducted an inventory search including the trunk of the vehicle. The inventory search revealed over 400 grams of marijuana, Winchester shotgun shells, identification cards belonging to other people, brass...