United States v. Daniels

MEMORANDUM & OPINION

KIYO A. MATSUMOTO, UNITED STATES DISTRICT JUDGE:

Defendant Jovan Daniels is charged in a three-count Indictment with possession of OxyContin with intent to distribute it, in violation of 21 U.S.C. § 841; using or carrying a firearm in relation to Count One, in violation of 18 U.S.C. § 924(c); and knowingly and intentionally possessing a firearm, knowing that he had previously been convicted of a felony offense, in violation of 18 U.S.C. § 922(g). (ECF. No. 4, Indictment.) After pleading not guilty and electing to proceed to trial, Mr. Daniels moved pursuant to Rule 12(b)(3) of the Federal Rules of Criminal Procedure to suppress: (1) physical evidence seized from his person and a parked car in which he was a back seat passenger on January 2, 2021, and (2) his subsequent post-arrest statements. (See ECF No. 24, Defendant's Motion to Suppress (“Def. Mot.”) at 1.)

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On September 9, 2021, the court held an evidentiary hearing on Mr. Daniels's motion to suppress. The court has considered the parties' motion papers submitted in advance of the hearing, (ECF No. 25, Gov't's Opp'n Mem. (“Gov. Mem.”); ECF No. 27, Def.'s Reply (“Def. Reply”)), evidence and testimony presented at the hearing, and the parties' post-hearing briefing, (ECF No. 47, Def.'s Supp. Mem. (“Def. Supp. Mem.”); ECF No. 48, Gov't's Supp. Opp. (“Gov. Supp. Mem.”); ECF No. 49, Def.'s Supp. Reply (“Def. Supp. Reply”); ECF No. 50 Gov't's Supp. Reply (“Gov. Supp. Reply”)).

At the suppression hearing, the government called as witnesses New York City Police Department Detectives William Pugliese and Kevin McGinn, who along with two colleagues, arrested Mr. Daniels and his two companions in the vehicle at the time of his arrest on January 2, 2021. The defendant called as a witness Ms. Janelle Gavin, one of the two companions in the car with Mr. Daniels. In light of Detectives Pugliese's and McGinn's credible testimony and for the reasons set forth below, the court finds that the NYPD detectives' actions in arresting, searching, and interviewing Mr. Daniels on January 2, 2021 did not violate the Fourth or Fifth Amendments and, therefore, denies defendant's motion to suppress.

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BACKGROUND

I. Factual Background

At the September 9, 2021 evidentiary hearing, the government called two of the four NYPD detectives present at the January 2, 2021 arrest: Detectives Pugliese and McGinn. In addition, the court admitted various exhibits, including photographs of Georgia Avenue, the street in East New York where the incident took place and photographs of the contraband recovered. The court finds that detectives testified credibly and, based on their testimony and the exhibits admitted into evidence, makes the following findings of fact.

On January 2, 2021, four NYPD detectives from the Brooklyn North Violent Crime Squad were on patrol in two cars in the East New York neighborhood of Brooklyn. (See September 9, 2021 Suppression Hearing Transcript (“Tr.”) at 10-11, 60-63.) Detectives Michael Scoloveno and Michael Lassen were in the lead car, and Detective Pugliese was driving the second car with Detective McGinn in the passenger seat. (Id. at 11, 62.) At approximately 3:40 p.m., the detectives were traveling northbound on Georgia Avenue between Blake Avenue and Sutter Avenue, near 333 Georgia Avenue and approaching the intersection with Sutter Avenue. (Id. at 11-12, 62-63.) At this specific block of Georgia Avenue, there is only one lane of northbound traffic and two parking lanes with cars parked on both sides of

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the street. (Id. at 19; see also Government Hearing Exhibits (“Gov. Ex.”) 1A, 1D.)^[1] On January 2, 2021, it was a relatively warm day in New York, with temperatures between 47 and 49 degrees. (See ECF No. 45.) Detectives Pugliese and McGinn were driving the patrol car with the windows down, consistent with the detectives' common practices while driving on patrol to better hear and see their surroundings. (Tr. at 12, 63.)

As the NYPD detectives approached the intersection of Georgia Avenue and Sutter Avenue, the lead patrol car slowed down for the red light at the intersection. (Tr. at 11-13.) The second car driven by Detective Pugliese also slowed down behind the lead car. (Id. at 13, 47.) As Detective Pugliese slowed his car, he smelled the odor of marijuana outside and to the left of his car from his driver's window. (Id. at 13.) After Detective Pugliese stopped his car, he turned to his left and observed a blue Nissan Altima (the “Altima”) parked on the left side of Georgia Avenue (i.e., next to the driver's side of Detective Pugliese's car (id. at 66)), approximately two to three feet from his driver's window. (Tr. at 13-17, 20-22, 48, 65; Gov. Exs. 1A, 1D, 2.) Detective Pugliese recognized the individual sitting in the driver's seat of the Altima as Miguel

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Andino -- known to Detective Pugliese as a member of a violent gang operating in the area -- and Detective Pugliese also observed Mr. Andino exhale a thick plume of white smoke, which did not appear to Detective Pugliese to be tobacco cigarette smoke based on his training and experience. (Tr. at 13, 24-25, 28.) From Detective Pugliese's vantage point inside his car, he could see that Mr. Andino's window was open. (Id. at 24.)

After observing Mr. Andino smoking and smelling the marijuana odor, Detective Pugliese alerted Detective McGinn that he intended to get out of the car to approach the Altima. (Tr. at 56, 64.) Detective McGinn, who was sitting in the front passenger seat of the unmarked police car, recalled being alerted by Detective Pugliese but Detective McGinn did not smell the odor of marijuana and he did not observe anyone inside the Altima smoking marijuana. (Id. at 65.)

After exiting the police car, Detective Pugliese approached the driver's side of the Altima from the driver's side of his vehicle to enforce the then-existing New York state law prohibiting the possession and use of marijuana.^[2] (Tr. at 26, 50.) Detective McGinn walked behind the police car in which he had been patrolling and approached the front passenger side

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seat of the Altima where Janelle Gavin -- Mr. Andino's girlfriend and the owner of the Altima -- was sitting. (Id. at 27, 31, 67, 99-100.) As Detective McGinn walked towards the Altima, he smelled the odor of marijuana. (Id. at 67.)

As Detective Pugliese approached the Altima, he smelled a stronger odor of marijuana, and he observed Mr. Andino with a lit marijuana cigarette in his right hand. (Tr. at 26.) In addition to the odor, Detective Pugliese recognized the lit cigarette as a marijuana cigarette by the color of the wrapping paper and the absence of a filter. (Id. at 26-27; see also Gov. Ex. 7 (photo of marijuana cigarette).)

When Detective Pugliese approached the Altima's front driver's side door, Mr. Andino said to him, in sum and substance, “we're just smoking some weed, Officer.” (Tr. at 27.) When Detective McGinn was within approximately a foot of the passenger side of the car near Ms. Gavin, Detective McGinn also observed Mr. Andino with a lit marijuana cigarette in his hand. (Id. at 67-68, 69.) From Detective McGinn's vantage point, he observed two silver packages on the back seat near where Mr. Daniels was sitting that Detective McGinn recognized as packages for marijuana, and also cash. (Id. at 69-70, 74-75; see Gov. Ex. 7 (photo of marijuana cigarette and marijuana packages from the back seat of the Altima).)

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Both Detectives Pugliese and McGinn credibly articulated their observation-based beliefs that the occupants of the Altima were smoking marijuana in violation of state law, and Detective McGinn observed additional contraband in plain view on the back seat of the Altima. (Id. at 27, 39-40, 70; see also Gov. Ex. 7.) Both detectives testified that they both intended to search the Altima for further contraband. (Id.) To conduct the search, Detective Pugliese and Detective McGinn asked the occupants of the Altima to get out of the car. (Id. at 28, 70.) Detective Pugliese asked Mr. Andino to get out of the car and frisked Mr. Andino for weapons, in light of Mr. Andino's known membership in a violent gang. (Id. at 28.) Detective Pugliese did not find any contraband on Mr. Andino's person, and thereafter he directed Mr. Andino stand with Detectives Scoloveno and Lassen, who had just arrived at the Altima. (Id. at 28, 71, 78.) Detective McGinn asked Ms. Gavin to step out of the Altima, and he checked her outer pockets and looked for any indications that she might be carrying a weapon. (Id. at 71.) Detective McGinn did not find any weapons on Ms. Gavin and asked her to stand at the rear of the passenger side of the car. (Id.)

After Mr. Andino and Ms. Gavin were searched, Detective Pugliese then asked Mr. Daniels to exit the car in order for the detectives to search the vehicle. (Tr. 28.)

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Detective Pugliese conducted a pat down of Mr. Daniels and felt an object in the defendant's pocket that he believed was a firearm magazine. (Id. at 28, 30.) Detective Pugliese asked the defendant what the object was, and the defendant responded that it was his keys. (Id. at 29.) Detective Pugliese did not believe the object felt like keys, and he retrieved the object from the defendant's pocket, discovering that it was a loaded magazine for a firearm. (Id.; see Gov. Ex. 5 (photo of magazine from Mr. Daniels's pocket).) Detective Pugliese alerted the other detectives and placed the magazine on the roof of the Altima. (Id. at 29, 72.) After discovering the loaded magazine, the detectives placed all occupants in the vehicle in handcuffs for safety reasons. (Id. at 29, 72.) Detective Pugliese then continued the pat down of Mr. Daniels and discovered a firearm in the defendant's waistband, which Detective Pugliese also placed on...