United States v. Reza

1

UNITED STATES OF AMERICA, Plaintiff, v. EDDIE JOE REZA, Defendant.

No. 21-cr-01042 RB

United States District Court, D. New Mexico

August 23, 2022

FINDINGS OF FACT AND CONCLUSIONS OF LAW DENYING DEFENDANT'S MOTION TO SUPPRESS

ROBERT C. BRACK SENIOR U.S. DISTRICT JUDGE

This matter comes before the Court on Defendant's Motion to Suppress. (Doc. 57.) Having reviewed the briefs and documentary evidence, hearing testimony, and being otherwise fully advised, the Court will deny the motion.

I. Procedural Posture and Background

On April 19, 2021, the United States filed a Criminal Complaint charging Eddie Joe Reza with one count of felon in possession of a firearm and ammunition in violation of 18 U.S.C. § 922(g)(1). (Doc. 1.) The United States charged Reza by Indictment with the same charge on July 21, 2021. (Doc. 18.) Reza filed a Notice of Intention to Enter Guilty Plea on December 30, 2021, and pled guilty pursuant to a Federal Rule of Criminal Procedure 11(c)(1)(C) plea agreement on January 31, 2022. (Docs. 42; 47-49.) At sentencing, the Court rejected the Rule 11(c)(1)(C) plea agreement. (Doc. 56.) The Court later granted Reza's unopposed motion to withdraw his guilty plea, and Reza filed this motion to suppress. (Docs. 57; 60; 62.) Reza argues that the traffic stop was pretextual and that the arresting officer did not have probable cause to search his vehicle. (See Doc. 57.) The Government argues that under the totality of the circumstances, there was probable cause to search the vehicle under the automobile exception to the warrant requirement. (See Doc. 61.) The Court held a hearing on July 6, 2022. (Doc. 70.)

II. Factual Findings

Rule 12(d) of the Federal Rules of Criminal Procedure provides that when factual issues are involved in deciding a motion the Court must state its essential findings on the record. See Fed. R. Crim. P. 12(d). The Court makes the following factual findings based on the evidence in the record and evidence adduced at the hearings. At the July 6, 2022 hearing, the Court heard testimony from Chad Herrera, John Sneathen, Devon Stinson, and Israel Rodriguez.

On July 17, 2021, sometime between 8:00 and 10:00 p.m., a source of information (SOI) told Carlsbad Police Department (CPD) Detective Chad Herrera that Reza was driving a Nissan SUV with chrome rims near Lea Street in Carlsbad and was in possession of fentanyl pills and firearms. (See Doc. 71 (Tr.) at 8-10; see also Gov't Ex. 4.) The SOI had provided Herrera with credible and trustworthy information the month prior, which led to the arrest of a known felon in possession of a firearm. (Id. at 7-8.) The SOI informed Herrera that they had seen Reza in possession of the pills and guns, and Herrera believed the SOI's information was credible. (Id. at 9-10.) The SOI shared the information as a citizen-informant. (Id. at 10-11.) To Herrera's knowledge, the SOI was not working off criminal charges, and they did not receive payment or special treatment for providing the information. (See id. at 15, 21-22.) Herrera was unaware of whether the SOI has a criminal history. (Id. at 15.)

Herrera met Reza some months earlier when he interviewed him at Reza's home in connection with a burglary investigation. (Id. at 11.) Herrera knew that the vehicle the SOI described belonged to Reza's mother and that Reza was known to drive it. (Id. at 9.) Herrera also learned from his coworkers at the CPD that Reza, in the past, had possessed firearms and had exhibited violent tendencies toward law enforcement. (Id. at 11-12.) Consequently, to promote officer safety, Herrera immediately shared the SOI's information with Sergeant John Sneathen, who was a supervisor with CPD assigned to the Pecos Valley Drug Task Force (PVDTF). (Id. at 12-14, 18.)

Sneathen has known of Reza for many years and knew him to drive a white Nissan SUV with chrome rims. (Id. at 25, 29.) Several years prior to this incident, Sneathen's colleagues were involved in “a large-scale shoot-out” with Reza. (Id. at 25.) Sneathen knew that PVDTF agents had received anonymous tips through Crime Stoppers and information from at least one confidential source (CS) that Reza was selling fentanyl in Carlsbad. (Id. at 25-26, 44.) The CS had previously purchased narcotics for the PVDTF and had proven to be a reliable source. (Id. at 2627.) The CS had seen Reza in possession of fentanyl and knew from word of mouth in the local drug culture that Reza was a source of fentanyl pills. (Id. at 28.)

Sneathen contacted the on-call agent at PVDTF, Corporal Devon Stinson, to share Herrera's information. (Id. at 29-30, 46.) Stinson testified that he was also familiar with Reza's history of violence and drug trafficking and knew that he drove the white Nissan SUV. (Id. at 4849.) Stinson contacted the on-duty supervisor with CPD, Sergeant Adrian Rodriguez (Sergeant Rodriguez), at approximately 10:00 p.m. (Id. at 51-52, 57.) He gave Sergeant Rodriguez the description and a picture^[1] of the Nissan SUV and the information that Reza was probably in possession of fentanyl and firearms. (Id. at 51-52.)

At approximately 10:00 p.m., Sergeant Rodriguez conducted a patrol briefing with CPD officers beginning the “graveyard” shift. (See id. at 55, 64.) He told the officers to be on the lookout (BOLO) for Reza, who was in town driving a white SUV. (Id. at 64-65.) Sergeant Rodriguez shared the SUV's license plate number. (Id. at 65.) Officer Israel Rodriguez (Rodriguez) was on duty and heard these details. (Id. at 64-65.)

Around 11:00 p.m., Rodriguez was parked near the intersection of Texas and 5th Street, which is approximately half a mile or several city blocks from Lea Street. (Id. at 64-65, 120.) Another officer nearby radioed that he saw Reza's vehicle parked at a gas station a block away. (Id. at 66.) Rodriguez observed Reza's vehicle approach the intersection of Texas and 5th Street, and he began to follow the vehicle when it turned into a residential area of 5th Street. (Id. at 6667.) Rodriguez ran Reza's license plate, and dispatch stated that the plate had expired in May. (Id. at 66.) Reza stopped at the intersection of Georgia and 5th Street, and when he moved forward, Rodriguez engaged his emergency overhead lights to conduct a traffic stop. (Id. at 68.) North 5th Street has one lane in each direction with several small dirt areas where cars can pull over. (Id. at 67.) Rodriguez and Reza were the only cars on that road, and Rodriguez saw nothing that would have blocked Reza's view of the patrol car. (Id. at 68, 73.) Reza did not immediately pull over but proceeded north on 5th Street and passed several dirt areas where he could have stopped. (Id. at 68.) Rodriguez stated that it is uncommon for individuals to continue driving after officers activate their emergency equipment. (Id. at 69.) Normally, drivers immediately pull over to the right if it is safe to do so. (Id. at 70.) In Rodriguez's experience, when drivers fail to pull over right away, it often means that they are calling someone or are preparing to jump out of the vehicle and run. (Id.) When Reza failed to pull over, Rodriguez honked his air horn twice. (Id. at 72.) Rodriguez testified that although it was safe for Reza to pull over right away, Reza drove approximately 300 meters before he turned into the Colonial Hillcrest Apartment parking lot and stopped about midway into a handicap spot. (Id. at 68-72.)

Rodriguez testified that Colonial Hillcrest Apartments are known to be a high violent-crime area. (Id. at 67.) Since Rodriguez joined the CPD in 2017, he has known this area to have homicides, shootouts, and burglaries. (Id. at 62, 67.) Rodriguez has “personally arrested several individuals for felony warrants” at the apartments. (Id. at 67.) Rodriguez's shift partners heard his call on the radio running Reza's license plate and, because of the nature of the BOLO, several officers responded as back-up. (See id. at 79.) As soon as Rodriguez pulled Reza over, K-9 Officer Judy Brakeman, pulled in too. (See id. at 81.) Jacob Marquez, the officer who saw Reza at the gas station, had also followed Reza and Rodriguez into the apartment parking lot and were present during the stop. (See id. at 82, 101-02.)

After Reza stopped, Rodriguez saw him roll down the passenger window and then roll it back up. (Id. at 71.) Knowing that Reza had been involved in a shoot-out with law enforcement and that he was flagged as armed and dangerous, this concerned Rodriguez. (Id.) Rodriguez exited his patrol car and asked Reza for his driver's license, proof of insurance, and proof of registration.^[2](Id. at 73.) Rodriguez identified Reza from his driver's license. (Id.) Rodriguez noticed that the address on the license was in the county and nowhere near the area of the traffic stop, which was in Carlsbad city limits. (Id. at 73-75.) Reza told Rodriguez that the SUV was his mother's and that he was unaware that the registration was expired. (Id. at 75.) Reza did not have proof of insurance, and Rodriguez allowed him to call his mother to obtain proof of insurance. (Id. at 75-76.) Reza was never able to obtain such proof. (Id. at 85.)

Rodriguez wrote Reza a citation for expired registration and issued him a warning for failure to provide proof of insurance.^[3] (See id. at 77.) Rodriguez testified that, due to the expired registration and lack of proof of insurance, he believed that departmental policy also required him to have the vehicle towed.^[4] (See id. at 85-86 (explaining his belief that CPD would be liable if he allowed someone to drive the vehicle without valid registration or proof of insurance).) He believed that neither an officer nor Reza's mother could move the car to a different parking space. (Id. at 86-87.)

After Rodriguez decided to impound the SUV, he asked Reza if...