United States v. Latorre-Cacho

637 F.Supp.3d 232

UNITED STATES of America v. Esteban LATORRE-CACHO, Defendant

CRIMINAL NO. 1:21-CR-160

United States District Court, M.D. Pennsylvania

Signed October 28, 2022

Robert J. O'Hara, Assistant U.S. Attorney, Office of the U.S. Attorney, Scranton, PA, for United States of America.

Brandon R. Reish, Public Defender, Federal Public Defender's Office, Scranton, PA, for Defendant.

MEMORANDUM

Christopher C. Conner, United States District Judge

Defendant Esteban Latorre-Cacho moves to suppress evidence obtained during the search of a vehicle he was driving. He also moves to suppress statements he made after his arrest. For the following reasons, we will deny Latorre-Cacho's motion.

I. Factual Background & Procedural History¹

On April 30, 2021, Pennsylvania State Police ("PSP") Trooper Brian Konopka was monitoring traffic on Interstate 78 ("I-78") in Lehigh County. (See 7/11/22 Tr. 6:25-7:9). Trooper Konopka was stationed in an unmarked vehicle as part of PSP's highway criminal interdiction unit, more commonly known as the Safe Highway through Effective Law Enforcement and Detection ("SHIELD"). (See id. at 4:6-12, 6:12-7:3). In 2021, he had approximately three years of experience with the SHIELD unit, over seven years of experience with PSP, and had received "significant training in the areas of interdiction, search and seizure, traffic stops," and "human behavior." (See id. at 4:15-6:2; see also Gov't Ex. 1 at 1-4).

Around 9:15 a.m., Trooper Konopka noticed a silver Toyota Sienna with an Illinois license plate pass by his parked PSP vehicle while traveling east on I-78 near Fogelsville. (See 7/11/22 Tr. 6:12-7:8; 4/30/21 Rec. 26:55-27:00). He testified that I-78 constitutes a "known drug trafficking corridor" because it serves as a "main artery running straight into New York City . . . a source and a consumption city for drugs and narcotics." (See 7/11/22 Tr. 18:9-19:5). According to Trooper Konopka, as the Sienna passed, he observed the driver exhibit what he considered to be an abnormal reaction to his presence: the driver had "a very rigid posture" and his arms "were fully locked out at the 10 and 2 position." (See id. at 7:12-8:20, 68:6-12). The vehicle stayed in the left or passing lane of traffic—without overtaking any other vehicles—as the driver repeatedly applied his brakes. (See id. at 8:23-9:13, 10:8-11). The vehicle's failure to pass anyone as it continued traveling in the left lane of traffic constituted a violation of Pennsylvania's Vehicle Code. (See id. at 10:12-21); see also 75 PA. CONS. STAT. § 3313(d). Trooper Konopka pulled out onto I-78 in the same direction as the Sienna, and over the course of a mile, he observed the car's brakes applied for so long that he "actually thought the brake lights might have been broken." (See 7/11/22 Tr. 9:18-20).

The vehicle soon moved to the right lane, and Trooper Konopka remained in the left lane "just off [the Sienna's] bumper." (See id. at 11:3-7). He then "clocked the vehicle's speed" by maintaining an even distance from the vehicle. (See id. at 11:6-11). Trooper Konopka clocked the Sienna traveling 65 miles per hour. (See id. at 11:3-5, 16:25-17:3). He determined that the driver was speeding because the speed limit on that portion of I-78 is 55 miles per hour. (See id. at 16:6-25); see also 75 PA. CONS. STAT. § 3362(a)(2). Trooper Konopka proceeded alongside the Sienna and observed: (1) several large boxes in the back of the vehicle, (2) the driver was the only person in the car, and (3) the driver did not acknowledge the trooper's presence as they drove side by side. (See 7/11/22 Tr. 11:21-13:8). Trooper Konopka also conducted a "NCIC"² inquiry using the car's Illinois license plate and learned the Sienna was a rental vehicle. (See id. at 13:9-14). He considered this fact "significant," based upon his training and experience. Trooper Konopka testified that drug trafficking organizations often utilize rental cars because law enforcement typically will not seize them, they tend to be reliable vehicles, and they "blend in with the average motoring public." (See id. at 13:15-14:21).

Trooper Konopka activated his lights and initiated a traffic stop. (See id. at 19:9-11). A mobile vehicle recorder ("MVR") on the dashboard of the PSP vehicle captured the encounter. (See Gov't Ex. 5). The video shows Trooper Konopka exit his vehicle and approach the Sienna on the passenger side. (See 4/30/21 Rec. 1:21-1:32). At the suppression hearing, Trooper Konopka explained that, as he approached the vehicle, several details stood out to him. He confirmed the presence of several large rectangular boxes in the car—from a short distance, he noticed that they "appeared to be opened and resealed"—and observed that the vehicle's third-row sun screening shades were activated and partially obscuring his view into the car. (See 7/11/22 Tr. 23:25-24:22, 75:7-76:3). He also noticed the driver had three cell phones, two on the front passenger seat and one in the center console, which he testified is a common way for drug traffickers to "compartmentalize their person life from their illicit" activities. (See id. at 24:23-25:12). Finally, Trooper Konopka spotted two open energy drinks in the console—indicating a potentially lengthy trip—and a small black bag on the second-row seat. (See id. at 25:13-16, 76:1-3).

On the MVR, Trooper Konopka greets Latorre-Cacho and explains the left-lane violation to him. (See 4/30/21 Rec. 1:21-1:32). Latorre-Cacho answers in basic English, "I don't know, me no living here, me go to vacation with my house, my brother." (See id. at 1:32-1:36). Trooper Konopka then asks in Spanish where he is coming from, to which Latorre-Cacho responds in English that he lives in Buffalo, but stayed in a hotel the previous night about "two and a half hours from New York." (See id. at 1:36-1:51). When Trooper Konopka inquires about his travel destination, Latorre-Cacho responds that he is visiting his brother in New York City. (See id. at 1:51-1:56). Latorre-Cacho also confirms that he rented the Sienna from an Avis at the Buffalo airport "two days ago." (See id. at 1:56-2:31). In light of the location of the traffic stop vis-à-vis his purported home residence, Trooper Konopka again asks Latorre-Cacho where his trip originated. Latorre-Cacho responds, "my friend lives in Pennsylvania." (See id. at 2:31-2:37). He then used his cell phone to display a map of Lebanon, Pennsylvania. (See 7/11/22 Tr. 73:17-23).

Latorre-Cacho presented his New York driver's license, but he was unable to produce the car's rental contract. In lieu of the rental contract, he provided a receipt-sized document from Avis, filled out with his name and the car's make, model, and license plate number. (See id. at 28:22-29:15; see also Gov't Ex. 9). The document does not provide the pick-up or return location, nor does it indicate when the rental expires. (See Gov't Ex. 9). On video, after confirming the vehicle is a rental, Trooper Konopka informs Latorre-Cacho that he was driving too fast, noting he was "doing 10 over" and that the speed limit is 55 miles per hour on that portion of I-78. (See 4/30/21 Rec. 2:49-2:56). He then asks Latorre-Cacho to exit the Sienna and stand by the PSP vehicle while he checks the documentation. (See id. at 3:10-3:35). According to Trooper Konopka, his observations of and interactions with Latorre-Cacho revealed several peculiar and suspicious matters. (See 7/11 22 Tr. 29:16-22). In particular, he believed Latorre-Cacho's statements about his travel plans constituted "a rehearsed story," one commonly used by drug trafficking organizations. (See id. at 26:10-27:3). He found it strange that Latorre-Cacho was unable to say where he was coming from, but knew it was "two and a half hours" from New York City. (See id. at 27:3-19; see also Gov't Ex. 2 at 4).

The video shows Latorre-Cacho move to the PSP vehicle's passenger side window, and they continue speaking as Trooper Konopka inputs Latorre-Cacho's information. (See 4/30/21 Rec. 3:35-4:10). After confirming that Latorre-Cacho lives in Lockport, New York, and obtaining the last four digits of his social security number, Trooper Konopka engages in a wide-ranging conversation with Latorre-Cacho. (See id. at 4:10-6:45). Trooper Konopka asks Latorre-Cacho about his travel plans to New York (to visit his brother), his employment (landscaping), and his reasons for driving a rental car (because his wife needed the one vehicle they share). (See id.) They also discuss the weather, the cost of living in New York City and Lockport, and even Latorre-Cacho's sleep apnea. (See id.) Eventually, Trooper Konopka's line of questioning shifts to the contents of the boxes in the back of the Sienna; Latorre-Cacho responds that they contain Bluetooth speakers from a Best Buy in Buffalo and that he purchased them for his brother. (See id. at 6:45-7:58). When Trooper Konopka asks why Latorre-Cacho would drive to Lebanon after buying speakers in Buffalo for a person in New York City, Latorre-Cacho indicates he received an address in Lebanon from someone else—"the GPS, me put in the address . . . they send it to me, this hotel"—and confirms that he stayed in a hotel the previous night. (See id. at 7:58-8:45). After Trooper Konopka inquires as to whether the vehicle contains narcotics, firearms, or large sums of cash, Latorre-Cacho assures him none of those items are present. (See id. at 8:45-8:58).

Trooper Konopka testified that he took several actions on his computer while conversing with Latorre-Cacho. (See 7/11/22 Tr. 29:24-30:19, 77:21-81:25). This included running Latorre-Cacho's driver's license to ensure that it was not suspended, querying his name in a system that catalogs PSP reports, running a criminal history check, and starting to fill out a warning form. (See id. at 30:13-19, 78:1-11, 81:19-25). The criminal history check revealed that Latorre-Cacho had been arrested in Puerto Rico for "robbery, concealed weapons, and illegal...