United States District Court, D. New Mexico
MEMORANDUM OPINION AND ORDER
MATTER is before the Court on Defendant's Motion to
Suppress Illegally Obtained Evidence and its accompanying
Memorandum in Support (collectively, Motion to Suppress),
filed August 6, 2018. (Doc. 26). The United States responded
on August 17, 2018. (Doc. 28). On October 10, 2018, the Court
set a hearing on the Motion to Suppress for November 8, 2018.
October 16, 2018, the United States filed a Motion to Vacate
Hearing and Rule on the Pleadings, in which the United States
moved to vacate the Motion to Suppress hearing and moved the
Court to decide the Motion to Suppress on the briefs. (Doc.
38). Defendant did not respond to that motion. On October 31,
2018, the Court vacated the hearing on the Motion to
Suppress, thereby mooting the Motion to Vacate Hearing and
Rule on the Pleadings. (Doc. 41).
considered the briefing, the applicable law and the evidence,
the Court DENIES the Motion to Vacate
Hearing and Rule on the Pleadings as moot and
DENIES the Motion to Suppress.
7, 2018, Roswell Police Department Agent G. Juarez obtained a
search warrant for a 2008 white Toyota truck registered to
Defendant and to his sister, Arianna Garcia, with a New
Mexico license plate number LDN-973. (Doc. 38-1) at 1-2. In
his affidavit in support of the search warrant application,
Agent Juarez stated that he sought permission to search for
“[c]ontrolled substances . . . namely
[m]ethamphetamine, ” among other related items of
interest. Id. at 2.
Juarez attested that he had “met with a reliable,
credible and confidential informant” (CI) who had
assisted him and other law enforcement personnel “by
providing information, on more than three separate occasions
that has led to the recovery of controlled substances.”
Id. at 3. Specifically, Agent Juarez attested that
the CI “personally witnessed the sale of controlled
substances on more than three separate occasions while
working for Agents with the Chaves County Metro Narcotics
Task Force” and “personally purchased controlled
substances for Agents with the Chaves County Metro Narcotics
Task Force on more than three separate occasions.”
Id. Agent Juarez continued:
Said informant has provided information which has proven to
be truthful. Said informant has never provided false
information to the knowledge of Affiant. Said informant has
associated with known [m]ethamphetamine sellers and users and
is familiar with the appearance of [m]ethamphetamine and how
it is packaged and sold.
to Agent Juarez, the CI told him that, within the past 72
hours, the CI saw Defendant selling methamphetamine from his
vehicle. Id. Agent Juarez attested that the CI also
told him that Defendant has “several residences where
he stashes large amounts of narcotics.” Id.
Agent Juarez attested that, within the last 72 hours,
surveillance by Agents revealed that Defendant drove a white
Toyota truck with a New Mexico license plate number of
LDN-973 from 806 W. 11th Street in Roswell to a residence at
1500 W. Albuquerque Street, also, in Roswell. Id. at
4. Agent Juarez related that Agents observed Defendant
outside of his Toyota truck speaking with a female outside
the residence at 1500 W. Albuquerque Street. Id.
Agent Juarez stated Agents also observed that shortly after
arriving at 1500 W. Albuquerque Street, Defendant drove the
Toyota truck back to 806 W. 11th Street, where the CI
purchased methamphetamine from Defendant. Id. Agent
Juarez indicated in the affidavit that the Agents learned
from the CI that Defendant “had travelled to an unknown
location to pick up methamphetamine.” Id.
Agent Juarez attested in the affidavit that “through
prior investigations and surveillance” he knew that
Defendant's sister lives at 1500 W. Albuquerque Street
and Defendant's brother lives at 806 W. 11th Street.
Id. Agent Juarez also attested that the CI told him
that “there [were] several firearms in the
residence” at 806 W. 11th Street. Id.
11, 2018, members of the Chaves County Metro Narcotics Task
Force stopped Defendant and searched the Toyota truck with
New Mexico license plate number LDN-973. (Doc. 26) at 3.
Agents found in the truck 136.1 grams of methamphetamine, a
Smith and Wesson firearm with ammunition, and a Shooter Arms
Manufacturing firearm with ammunition. (Doc. 28) at 1-2.
During a search of Defendant, Agents found $80.00 in
Defendant's left pocket, and $1, 045.21 and documentation
related to the Smith and Wesson firearm in Defendant's
right front pocket. Id. at 2.
on June 11, 2018, Agents executed search warrants for 1500 W.
Albuquerque Street, 315 E. Forrest Street, and 806 W. 11th
Street. (Doc. 28) at 2. At 1500 W. Albuquerque Street, Agents
found five firearms in an outside shed to which only
Defendant had access. Id. Agents did not find
anything of evidentiary value at either 315 E. Forrest Street
or 806 W. 11th Street. Id.
10, 2018, the United States indicted Defendant in this case
for allegedly possessing 50 grams and more of methamphetamine
with intent to distribute it, and knowingly carrying a
firearm during the commission of that crime. (Doc. 16) at
1-2. This ...