United States v. Hamilton

UNITED STATES OF AMERICA, v. MARISE HAMILTON, Defendant.

No. 20-CR-00545 (PMH)

United States District Court, S.D. New York

April 19, 2022

MEMORANDUM OPINION AND ORDER

PHILIP M. HALPERN, UNITED STATES DISTRICT JUDGE

Marise Hamilton (“Defendant”) stands charged in a single-count indictment of participating in a conspiracy to distribute and possess with intent to distribute one kilogram and more of heroin, 400 grams and more of fentanyl, and 28 grams and more of cocaine base in violation of 21 U.S.C §§ 841(a)(1), (b)(1)(A), (b)(1)(B), and 846. (Doc 2).

Defendant moves under Federal Rule of Criminal Procedure 12(b)(3) to (1) suppress physical evidence recovered from his person and a black 2002 Honda Accord bearing New York license plate JMY6080 (“Honda”) on May 21, 2020 and May 22 2020; (2) controvert a warrant authorizing the search of the Honda (or, in the alternative, hold a Franks hearing); (3) controvert a warrant authorizing the search of a black Samsung smartphone bearing International Mobile Equipment Identity Number 354048112511150 and a black Samsung smartphone in a black and silver case (collectively, “Smartphones”) recovered from the Honda (or, in the alternative, hold a Franks hearing); (4) suppress all electronically stored information (“ESI”) retrieved from the Smartphones; and (5) preclude “irrelevant evidence” at trial. (Doc. 107 ¶¶ 2-6).^[1] Defendant served and filed his motion papers on September 13, 2021. (Id.; Doc. 108; Doc. 109, “Hamilton Decl.”; Doc. 110, “Def. Br.”). The Government served and filed its opposition brief on October 13, 2021 (Doc. 112, “Gov't Br.”), and the motion was briefed fully with the submission of Defendant's memorandum of law in further support of his motion on October 27, 2021 (Doc. 113, “Reply Br.”).^[2]

For the reasons set forth below, Defendant's motion is DENIED.^[3]

BACKGROUND

At approximately 7:20 p.m. on May 21, 2020, the Honda was parked in a lot on First Street in Newburgh, New York. (Street Vid. at 07:15:28-07:20:08; Def. Ex. B at USAO040983 ¶ 6; Gov't Ex. 1 at USAO040957). Defendant sat in the driver seat. (See Street Vid. at 07:24:4507:24:47). The Honda was parked next to a makeshift tent where, at times, between one and four men milled about. (Id. at 07:15:28-07:20:08). As recorded by video viewing the rear of the Honda, at approximately 7:20 that evening, a white male wearing a black t-shirt approached the Honda's passenger door. (Id. at 07:20:08-07:20:14). After reaching the passenger door and appearing to understand a signal from within the Honda, the white male went around the back of the vehicle to the driver's side as Defendant opened the driver's side door. (Id. at 07:20:14-07:20:19).

It is unclear what transpired once the white male reached the driver's side door because the camera's view was obstructed by a black grill. The following is, however, indisputable based on the footage: (1) after arriving at the open driver's side door, the white man leaned on the door with his left hand and put his right hand (which had been in his pants' right pocket the entire time the white male was on the screen) into the Honda; and (2) the white man spoke with Defendant. (Id. at 07:20:19-07:20:42). This interaction lasted approximately twenty seconds as the men in the tent looked on. (Id.). The white male then walked away from the Honda and paced nearby, in and out of the camera's view, for less than one minute. (Id. at 07:20:42-07:21:28). Then, over roughly five seconds, Defendant opened the driver's side door, the white male approached the Honda, reached into the vehicle through the open driver's side door with his right hand, took something from within the Honda, and walked away quickly as he put his right hand back into his pocket. (Id. at 07:21:2807:21:33).

Sergeant Christopher Lahar (“Lahar”) of the City of Newburgh Police Department (“NPD”) observed this interaction watching the same footage that was provided to the Court and confirmed that the license plate attached to the Honda's rear belonged to a different vehicle. (Def. Br. at 16-17; Def. Ex. B at USAO040983 ¶ 6). With this knowledge, his observation of the interaction at the Honda, and the fact that this location is known for narcotics transactions, Lahar reported his observations to his NPD colleagues in the area. (Def. Br. at 5-6; Def. Ex. B at USAO040983 ¶¶ 6-7; Gov't Ex. 1 at USAO040957). NPD Sergeant Anthony Giudice (“Giudice”) responded to the scene in a marked white NPD pick-up truck a little more than two minutes after the white male walked away from the Honda. (Street Vid. at 07:24:42).

As Giudice and other officers converged on the Honda, but before officers could reach it, Defendant exited the driver's side door and stood up. (Id. at 07:24:45-07:24:46). As Defendant exited the Honda, he approached law enforcement, put his left hand behind his back, and was met by Giudice and NPD Officer Juan Alonzo (“Alonzo”). (Id. at 07:24:45-07:24:51; see also Def. Ex. B at USAO040983 at ¶ 7 (identifying Alonzo as the officer who approached with Giudice)). Giudice and Alonzo grabbed Defendant's arms-Giudice on Defendant's right, Alonzo on Defendant's left-and led Defendant away from the Honda to the front of the NPD pick-up truck that Giudice parked behind the Honda. (Street Vid. at 07:24:51-07:25:00). Defendant had wads of folded cash cupped inside his left hand. (Body Vid. at 01:20-01:25).^[4] After walking Defendant to the front of the NPD pick-up truck, Alonzo handcuffed and frisked Defendant. (Id. at 01:25-01:40).

As Alonzo frisked Defendant, the latter became belligerent. Defendant yelled, inter alia, “Stop grabbin' my fuckin' dick!” and, “He grabbed my dick, bro!” (Id. at 02:34-02:39). As shown in the street surveillance footage, Defendant struggled against Alonzo when he yelled and Alonzo pressed Defendant against the NPD pick-up truck to regain control. (Street Vid. at 07:26:0007:26:12). As Defendant yelled, Giudice turned back to him and said, “Mouse, relax. Alright. Take it easy.” (Body Vid. at 02:39-02:43). Defendant yelled in response, “You know me, bro!” Giudice affirmed (as Defendant talked over him), “Yeah, I know you. You don't have anything on you, you'll be alright.” (Id. at 02:43-02:46). Defendant continued yelling and declared, “No, go ahead, bro, you can search me! You search me, bro! You can search me, bro!” (Id. at 02:46-02:51). Giudice, at this point, walked away from Alonzo and Defendant. (Id. at 02:51-04:20). Even though Giudice walked away, his body camera captured Defendant yelling about how law enforcement touched him inappropriately. (See, e.g., id. at 03:24-03:50).

When Giudice walked back to Defendant and Alonzo at the front of the NPD pick-up truck, six officers-in addition to Giudice-are visible. (Id. at 04:26). As Giudice approached, he asked Defendant who owned the Honda, and Defendant answered, “That's my mother's car.” (Id. at 04:26-04:32). Defendant continued, without prompting, “There's nothin' in there.” (Id. at 04:3204:36). After Giudice asked a female bystander multiple times to move out of the way, Defendant explained that his mother owned the Honda and that his uncle lived on the second floor of an adjacent apartment building. (Id. at 04:36-05:01). Giudice asked Defendant, “Anything in the car?” (Id. at 05:05-05:07). Defendant responded, “Nothing in the car, bro.” (Id. at 5:07-05:08). Giudice asked, “You slinging weed?” (Id. at 05:08-05:09). Defendant admitted that he “sold K2.” (Id. at 05:09-05:13). Giudice continued, “Okay. Is there anything in the car?” (Id. at 05:12-05:13). Defendant insisted, “There's nothing in the car, bro. I wouldn't lie to you, bro.” (Id. at 05:1205:14). Giudice said, “Alright, ” and before he could finish his sentence, Defendant declared, “You can search.” (Id. at 05:14-05:15). Giudice responded, “We're gonna take a quick look. As long as there's nothing in there, we're good.” (Id. at 05:16-05:19). Defendant emphasized, “I'm giving you permission to check the car, bro.” (Id. at 05:19-20).

Giudice approached the Honda's driver's side door, moved a bucket and the grill out of the way, and looked inside the open driver's side door. (Id. at 05:29-06:08). Leaning into the Honda- as revealed by the video-Giudice observed loose cash strewn about and immediately recovered a rock of crack cocaine from the driver seat. (Id. at 06:08-06:14; see also Hamilton Decl. ¶ 7 (“I had property inside the Honda including crack-cocaine, money, two black Samsung Smartphones and other property which belonged to me.”)). Both Defendant and the individual who was sitting in the Honda's passenger seat when police arrived were then taken into custody. (Id. at 06:1407:15). Law enforcement recovered 34.7 grams of crack cocaine and 1.8 grams of fentanyl, hidden in Defendant's crotch, at NPD headquarters. (Def. Br. at 8; Hamilton Decl. ¶ 10 (“I had money in my hand and drugs inside my pants.”); Def. Ex. B at USAO040983-4 ¶ 9).

Following the events that unfolded in the parking lot, NPD towed the Honda to NPD headquarters. (Street Vid. at 08:06:35-08:13:06). The day after the interaction, May 22, 2020, Giudice secured a search warrant for the Honda from the Newburgh City Court. (Def. Ex. B at USAO040979-84). The resultant search yielded additional narcotics, money, the Smartphones, and an electronic scale. (Def. Br. at 8; Gov't Ex. 1 at USAO040958). Approximately seven months later, on December 23, 2020, Magistrate Judge Judith C. McCarthy issued a warrant for the Smartphones' ESI. (Def. Ex. C at USAO009234-49).^[5]

ANALYSIS

The Court considers the various branches of Defendant's motion seriatim.

I. Suppression of Physical Evidence Recovered from the Honda and Defendant's Person

The first branch of Defendant's argument (i.e., suppression of physical...