United States v. Polk

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UNITED STATES OF AMERICA v. DERRICK POLK, Defendant.

No. 3:21-cr-16

United States District Court, W.D. Pennsylvania

July 3, 2024

JUDGE KIM R. GIBSON

MEMORANDUM OPINION

KIM R GIBSON UNITED STATES DISTRICT JUDGE.

I. Introduction

Pending before the Court is Defendant Derrick Polk's ("Mr. Polk") Motion to Suppress Evidence. (ECF No. 1266). Mr. Polk's Motion has been fully briefed, (ECF Nos. 1266, 1300, 1314, 1365,1367,1378,1457,1496), and is ripe for disposition. The Court has jurisdiction over this matter pursuant to 18 U.S.C. Section 3231.

This matter arises from a Federal Grand Jury Superseding Indictment, filed on November 9, 2021, charging Mr. Polk with two offenses. (ECF No. 453). Specifically, at Count One ("Count I"), the Grand Jury charged Mr. Polk and thirty-one alleged co-conspirators with conspiracy to distribute and possess with intent to distribute 1 kilogram or more of a mixture and substance containing a detectable amount of heroin, 5 kilograms or more of a mixture and substance containing a detectable amount of cocaine, 280 grams or more of a mixture and substance containing a detectable amount of cocaine base (in the form commonly known as crack), 400 grams or more of a mixture and substance containing a detectable amount of fentanyl, 50 grams or more of methamphetamine, and 500 grams or more of a mixture and substance containing a detectable amount of methamphetamine, contrary to the provisions of Title 21, United States Code, Sections 841(a)(1), 841(b)(1)(A)(i), 841(b)(1)(A)(ii), 841(b)(1)(A)(iii), 841(b)(1)(A)(vi), and 841(b)(1) (A)(viii), and in violation of Title 21, United States Code, Section 846. (Id. at 2-3; ECF No. 454 at 1). At Count Three ("Count III"), the Grand Jury charged Mr. Polk and four other defendants with distribution and possession with intent to distribute 50 grams or more of methamphetamine and 500 grams or more of a mixture and substance containing a detectable amount of methamphetamine, in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(A)(viii). (ECF No. 453 at 5; ECF No. 454 at 1).

On April 17, 2023, Mr. Polk filed his Motion to Suppress Evidence, as well as an Exhibit. (ECF No. 1266). In his Motion, Mr. Polk states that, as of March 2021, he was renting a safe deposit box at U.S. Private Vaults ("USPV"), which was located in Beverly Hills, California. (Id. at 1-2). According to Mr. Polk, on March 22, 2021, law enforcement officers, who possessed a warrant authorizing the seizure of USPV's property, opened his personal box, "inventoried its contents, and seized those contents [,]" which included $399,000.00. (Id.). Mr. Polk indicates that law enforcement then used the contents of his safe deposit box to obtain an additional warrant and search his home. (Id. at 2). He also states that agents searched his hotel room and seized his phone. (Id.). Mr. Polk argues that the search of his safe deposit box and the seizure of the items contained therein violated the Fourth Amendment because law enforcement's actions were neither supported by probable cause nor an exception to the warrant requirement, namely the inventory search exception. (Id. at 2-3). Accordingly, Mr. Polk requests that the Court suppress the evidence obtained from his safe deposit box, as well as any other evidence that law enforcement came to possess as a result of searching the contents of his box at USPV. (Id. at 4-5).

On May 26, 2023, the Government filed its Response to Mr. Polk's Motion, as well as ten Exhibits. (ECF No. 1300). In its Response, the Government states that USPV, which is located at 9182 W. Olympic Boulevard, Beverly Hills, California, was charged with the following three offenses by a Federal Grand Jury: (1) conspiracy to launder money, (2) conspiracy to distribute controlled substances, and (3) conspiracy to structure financial transactions. (Id. at 3). According to the Government, after USPV was indicted, U.S. Magistrate Judge Steven Kim ("Magistrate Judge Kim"), sitting in the Central District of California, authorized the seizure of USPV's business equipment, "including USPV's business computers, money counters, nests of safety deposit boxes, digital and video surveillance and security equipment and biometric scanners." (Id. at 4). Magistrate Judge Kim explained that the Warrants he was issuing did not "authorize a criminal search or seizure of the contents of the safe deposit boxes," but he did provide that, in seizing the nests of safe deposit boxes "agents [were to] follow their written inventory policies to protect their agencies and the contents of the boxes. Also in accordance with their written policies, agents [were to] inspect the contents of the boxes in an effort to identify their owners ..." (ECF No. 1300-3 at 3).

The Government avers that, pursuant to these warrants, the Federal Bureau of Investigation (the "FBI") issued two sets of instructions to the agents who would be executing the Search Warrant and the Seizure Warrant at USPV. (ECF No. 1300 at 5). The Government asserts that those agents "executed the inventories properly and within the stated procedures." (Id. at 11). Therefore, the Government argues that "the Court need not engage in [a standard inventory search analysis] since the searches and seizures at issue were lawful and authorized by warrants." (Id.).

On June 13, 2023, Mr. Polk filed a Reply to the Government's Response, as well as an Exhibit. (ECF No. 1314). The parties then submitted additional briefing over the coming months. (ECF Nos. 1365,1367,1378,1457,1496).

Finally, the Court held a Suppression Hearing on July 14, 2023. (ECF No. 1338). During that Hearing, Mr. Polk clarified that "all of the factual information that [he] was seeking to establish was already in" Exhibits that the Government had referenced, and that there was therefore "no necessity to call the witnesses to simply repeat that." (Id. at 6:16-23). Accordingly, on August 28, 2023, the parties submitted a "Joint Motion to Supplement Record by Stipulation[,]" in which they requested that the Court supplement the record in this matter to include: (1) the Exhibit that Mr. Polk submitted along with his Motion at ECF No. 1266, (2) the ten Exhibits that the Government submitted along with its Response at ECF No. 1300, and (3) the Exhibit that Mr. Polk submitted along with his Reply at ECF No. 1314. (ECF No. 1365). On August 30, 2023, the Court entered an Order granting the parties' Joint Motion. (ECF No. 1368).

In light of the foregoing, the following documents are part of the record in this matter:

1. A copy of the Search Warrant for 9182 W. Olympic Boulevard, Beverly Hills, California, filed at Magistrate No. 2:21-mj-1302, in the Central District of California, submitted by Mr. Polk. (ECF No. 1266-1).

2. A copy of the Indictment for USPV, filed at Criminal No. 2:21-cr-106, in the Central District of California. (ECF No. 1300-1).

3. A copy of the Search Warrant for 9182 W. Olympic Boulevard, Beverly Hills, California, filed at Magistrate No. 2:21-mj-1302, in the Central District of California, submitted by the Government. (ECF No. 1300-2).

4. A copy of the Seizure Warrant for certain business equipment located at USPV, filed at Magistrate No. 2:21-mj-1307, in the Central District of California (ECF No. 1300-3).

5. A copy of the FBI operation order and search plan for executing warrants at USPV. (ECF No. 1300-4).

6. A copy of the supplemental instructions for executing warrants at USPV. (ECF No. 1300-5).

7. A copy of the FBI policy regarding inventory searches issued by the FBI Domestic Operations Guide. (ECF No. 1300-6).

8. A copy of the search warrant for USPV Safety Deposit Box 5911 and its contents, filed at Magistrate No. 2:21-mj-1749, in the Central District of California (ECF No. 1300-7).

9. A copy of the search warrant for 5025 E. Pacific Coast Highway, #P307, Long Beach, California, filed at Magistrate No. 2:21-mj-3194, in the central District of California. (ECF No. 1300-8).

10. A copy of the criminal judgment for the United States v. USPV, filed at Criminal No. 2:21-cr-106, in the Central District of California. (ECF No. 1300-9).

11. A copy of the judgment for Paul Snitko, et al. v. United States, filed at Civil No. 2:21-cv-4405, in the Central District of California. (ECF No. 1300-10).

12. A copy of the Second Amended Information for the People of the State of California vs. Derrick Polk, filed at Case No. BA465575, in the Superior Court of the State of California, for the County of Los Angeles. (ECF No. 1314-1).

13. A copy of the Search Warrant for Mr. Polk's person, which was issued on July 7, 2021. (ECF No. 1367-1).^[1]

For the reasons below, and having considered all record evidence in this matter, the Court finds that the FBI complied with the valid Warrants issued by Magistrate Judge Kim in inventorying the contents of Mr. Polk's safe deposit box at USPV. Based on that holding, the Court proceeds with the understanding that the Government's subsequent actions relative to Mr. Polk and his property were appropriate. Therefore, the Court finds that the Government complied with the Fourth Amendment to the United States Constitution in obtaining the evidence that it now seeks to use against Mr. Polk, a conclusion that leads the Court to DENY Mr. Polk's Motion to Suppress Evidence (ECF No. 1266).

II. Factual Background^[2]

The Court begins by overviewing the factual background of this case, which the Court derives from the briefs and exhibits that the parties have submitted to the Court for its consideration.

A. The Indictment of USPV

1. In January 2020, a Federal Grand Jury sitting in the Central District of California returned a three-count Indictment against USPV. (ECF No. 1300-1).

2. At Count One of the Indictment ("Count I"), the...