United States v. Garrett

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UNITED STATES OF AMERICA v. MAURICE L. GARRETT

CRIMINAL ACTION No. 23-280

United States District Court, E.D. Pennsylvania

June 7, 2024

MEMORANDUM WITH POST-HEARING FINDINGS OF FACT AND CONCLUSIONS OF LAW

KEARNEY, J.

Our Grand Jury charged Maurice L. Garrett with three counts of possessing with intent to distribute fifty grams or more of methamphetamine, one count of possessing with the intent to distribute fifty grams or more of fentanyl, and one count of possessing a firearm during a drug trafficking crime. He now moves to suppress evidence of crystal methamphetamine and heroin found in his 2015 Dodge Journey on May 31, 2023. The United States opposes his request. We held an extensive evidentiary hearing. We assessed the credibility of witnesses and evaluated the evidence during and after the hearing. We enter findings of fact and conclusions of law detailing the basis for denying Mr. Garrett's Motion to suppress in an accompanying Order:

I. Findings of fact.

1. The Drug Enforcement Administration began investigating Maurice L Garrett in April 2023 for possessing and distributing illegal drugs.

2. The Administration used toll analysis, confidential informant information, recorded telephone calls, and text messages as investigative tools.

3. The Administration arranged two controlled payments and one controlled narcotics purchase between a confidential informant and Mr. Garrett occurring between April 2023 and June 2023.

4. The confidential informant purchased approximately 520 grams of methamphetamine during the controlled narcotics purchase occurring on May 17, 2023.

5. Investigators saw Mr. Garrett use a Honda car to complete the controlled transactions with the confidential informant.

6. Investigators observed Mr. Garrett leave from and return to 429 N. Simpson Street during the controlled transactions.

7. Judge Hey signed search warrants for 429 N. Simpson Street and Mr. Garrett's Honda car on May 23, 2023.

8. At approximately 11:59 a.m. on May 26, 2023, investigators saw Mr. Garrett enter a black 2015 Dodge Journey and go to the Journey's trunk. Investigators saw Mr. Garrett close the Dodge Journey's trunk at 12:16p.m.

9. At approximately 8:07 p.m. on May 28, 2023, investigators observed Mr. Garrett park the Honda car and enter the Dodge Journey. Investigators observed Mr. Garrett access the Dodge Journey's trunk.

10. Investigators observed Mr. Garrett sitting in the Dodge Journey on May 29, 2023.

11. Investigators' check on the vehicle identification number revealed Mr. Garrett owned the Dodge Journey.

12. Special Agent Scanlan swore, based on his training and experience, Mr. Garrett used the Dodge Journey to further his drug trafficking activities. Special Agent Scanlan swore drug traffickers use several vehicles to store narcotics and proceeds from narcotics sales to avoid detection from law enforcement.

13. Special Agent Scanlan swore Mr. Garrett lives with children and could have opted to store bulk narcotics in the Dodge Journey to keep the narcotics away from the children.

14. Investigators observed Mr. Garrett leave 429 N. Simpson Street in his Honda car on May 31, 2023.

15. Investigators located Mr. Garrett and with the assistance of the Pennsylvania State Police initiated a high-risk felony stop.

16. Investigators recovered a loaded Glock firearm with an extended magazine from Mr. Garrett's waistband, a keychain including car keys for the Dodge Journey and a Ford truck, and approximately 114 grams of suspected crystal methamphetamine in the driver's side door panel of the Honda.

17. During the traffic stop, a separate group of investigators executed the search warrant at 429 N. Simpson Street.

18. Special Agent Scanlan and two investigators located Mr Garrett's Dodge Journey after executing the search warrant at 429 N. Simpson Street.

19. Special Agent Scanlan looked through the front windshield of Mr. Garrett's Dodge Journey to obtain the vehicle identification number on the dash visible through the window.

20. Special Agent Scanlan walked to Special Agent Beck's truck to run the vehicle identification number through the Drug Enforcement Administration system.

21. Special Agent Beck entered the Dodge Journey with the car keys obtained from Mr. Garrett during the earlier high-risk felony stop. Special Agent Beck entered the Dodge Journey to start the vehicle and drive it to the impound lot.

22. Special Agent Beck looked on the floor of the Dodge Journey and in the rear seats after entering the car to ensure his safety as he swore his experience and training indicate it is not uncommon for drug traffickers to house pets in their vehicles.

23. Special Agent Beck observed a bag on the floor of the driver-side seat of the Dodge Journey. Special Agent Beck observed several packages of methamphetamine in the bag.

24. Special Agent Beck moved the bag containing methamphetamine packages from the driver-side seat to the backseat of the Dodge Journey.

25. Special Agent Beck told another investigator he observed a bag containing methamphetamine in Mr. Garrett's Dodge Journey. Special Agent Beck testified he did not inform Special Agent Scanlan about the bag containing methamphetamine.

26. Special Agent Scanlan sought a search warrant for Mr Garrett's Dodge Journey on May 31, 2023.

27. Judge Lloret signed a search warrant for the Dodge Journey on May 31, 2023.

28. Special Agent Scanlan credibly swore the details of the investigation into Mr. Garrett's drug trafficking, Mr. Garrett's entering the Dodge Journey several days preceding Mr. Garrett's traffic stop, and recovering a Dodge Journey key from Mr. Garrett's key chain during Mr. Garrett's traffic stop.

29. Investigators executed the search warrant on Mr. Garrett's Dodge Journey later in the afternoon of May 31, 2023. They recovered: (1) one black-and-white footlocker bag containing a heat-sealed bag containing approximately 525 grams of suspected crystal methamphetamine; (2) seven heat-sealed bags, two with no stickers and five with a black sticker containing a white star, containing approximately 3382 grams of suspected crystal methamphetamine; (3) one rectangular shaped object wrapped in green plastic containing approximately 788 grams of suspected heroin; (4) a piece of mail addressed to “Maurice Garrett”; (5) a business card for on the Move LLC company with the name “Maurice”; (6) an invoice with the name “Maurice”; (7) a social security card and birth certificate for “Maurice Garrett”; and (8) a mail parcel from the United States Department of State Philadelphia Passport Agency sent to “Maurice Garrett.”

30. The Administration tested the substances recovered from the Dodge Journey. The testing confirmed methamphetamine with 100% purity weighing 3,905.7 grams. The Administration determined the rectangular shaped object wrapped in green plastic contained fentanyl and not heroin.

31. Our Grand Jury returned a three-count indictment on June 28, 2023, charging Mr. Garrett with, among other things, possessing with intent to distribute fifty grams or more of methamphetamine.

32. Our Grand Jury returned a superseding indictment on September 6, 2023, charging an additional count of possessing with intent to distribute fifty grams or more of fentanyl and possessing with intent to distribute fifty grams or more of methamphetamine relating to the May 31, 2023, search of the 2015 Dodge Journey.

II. Conclusions of law.

33. Special Agent Scanlan's May 31, 2023 affidavit contained sufficient circumstantial evidence creating probable cause supporting Judge Lloret's issuance of the search warrant.

34. Judge Lloret drew reasonable inferences the Dodge Journey contained evidence of Mr. Garrett's drug trafficking and creating a nexus between the Dodge Journey and Mr. Garrett's drug trafficking activities.

35. Special Agent Scanlan does not need to present direct evidence of Mr. Garrett using the Dodge Journey to further his drug trafficking activities.^[1]

36. Special Agent Scanlan submitted ample circumstantial evidence of Mr. Garrett's drug trafficking and use of the Dodge Journey. The investigators:

a. Confirmed the confidential informant's tip Mr. Garrett trafficked large quantities of methamphetamine in Philadelphia;

b. Arranged the confidential informant's controlled payments to Mr. Garrett to pay down the confidential informant's narcotics trafficking debt;

c. Arranged the confidential informant's controlled purchase of methamphetamine from Mr. Garrett;

d. Observed Mr. Garrett accessing the Honda, the Dodge Journey;

e. Recovered 114 grams of suspected crystal methamphetamine from Mr. Garrett's Honda;

f. Recovered a loaded firearm from Mr. Garrett during their search of Mr. Garrett after detaining him;

g. Recovered a keychain containing keys for Dodge Journey; and

h. Investigated a Ford truck after a Pennsylvania State Police K-9 alerted the Troopers of the presence of narcotics in the Ford truck.

37. Judge Lloret can give weight to Special Agent Scanlan's conclusion Mr. Garrett used the Dodge Journey to further his drug trafficking activities based on Special Agent Scanlan's training and experience.^[2]

38. Special Agent Scanlan's conclusion informed by his training and experience and the circumstantial evidence Special Agent Scanlan presented Judge Lloret created probable cause supporting the search warrant for the Dodge Journey.

III. Analysis.

Special Agent Scanlan's affidavit created sufficient probable cause supporting Judge Lloret's issuance of the search warrant for Mr. Garrett's Dodge Journey. Special Agent Scanlan presented direct evidence of Mr. Garrett's drug trafficking activities and circumstantial evidence he used the Dodge Journey to further his drug trafficking activities. This direct...