1
UNITED STATES OF AMERICA
v.
[1] EMANUEL TORRES-RUIZ
United States District Court, D. Puerto Rico
December 14, 2021
ORDER
GISELLE LOPEZ-SOLER UNITED STATES MAGISTRATE JUDGE
On November 18, 2021, the U.S. Probation Office (“USPO”) filed a motion notifying Defendant's violations to his conditions of supervised release and requesting an arrest warrant. Docket No. 54. The motion informed that, on October 25, 2021, the Defendant was arrested and charged in state court with violations to Articles 3.1, 3.3 and 3.4 of the Puerto Rico Domestic Violence Law and to Article 6.05 of the Puerto Rico Weapons Law. Per the motion, probable cause for arrest was found and the Defendant was granted bail, which he was unable to post. The motion at Docket No. 54 charged Defendant with violation to the following mandatory conditions of release: “[t]he defendant shall not commit another federal, state or local crime.” and “[t]he defendant shall not possess a firearm, ammunition, destructive device or any other dangerous weapon.”. The case was called for the preliminary revocation hearing on December 9, 2021.
Pursuant to Rule 32.1(b)(1) of the Federal Rules of Criminal Procedure, “[i]f a person is in custody for violating a condition of probation or supervised release, a magistrate judge must promptly conduct a hearing to determine whether there is probable cause to believe that a violation occurred.”. Fed.R.Crim.P. 32.1(b)(1)(A). The concept of probable cause is narrow in scope. “[P]robable cause may be found where there is a ‘fair probability,' based on the totality of the circumstances, that a defendant committed the offense charged.” United States v. Balestier-Sanches, 2014 WL 993551 * 1 (D.R.I.) (citing United States v. Mims, 812 F.2d 1068, 1072 (8thCir.1987) and United States v. Gomez, 716 F.3d 1, 9 (1st Cir. 2013)). Except for the rules on privilege, the Federal Rules of Evidence are not applicable at preliminary hearings or in revocation proceedings. Fed.R.Evid. 1101(d)(3). A finding of probable cause may be based, in whole or in part, on hearsay evidence. See Morrissey v. Brewer, 408 U.S. 471, 487 (1972); United States v. Rondeau, 430 F.3d 44, 47-48 (1st Cir. 2005).
The Government called USPO Supervisor Jeffrey Semidey to the stand. USPO Semidey testified that in preparation for the hearing he reviewed the case docket, the entries made in the Chronos' journal, and the documents kept by the USPO, and that he...
