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United States v. Beltran-Delrio

March 18, 2009

UNITED STATES OF AMERICA
v.
JESUS M. BELTRAN-DELRIO



The opinion of the court was delivered by: McLaughlin, J.

MEMORANDUM AND ORDER

Jesus M. Beltran-Delrio has been charged, along with two others, Gerardo Sandoval and Camilo Rodriguez, with conspiracy to possess marijuana with intent to distribute and possession of marijuana with intent to distribute. BeltranDelrio has filed a motion to suppress physical evidence. The Court held an evidentiary hearing on January 23, 2009, and will now deny the motion.

I. Findings of Fact

Police Officer Darren Graboskie works for the City of

Reading, Berks County, Pennsylvania, in the vice and narcotics unit. He received information on January 5 or 6, 2008, from a confidential informant that Gerardo Sandoval and Rafael Jimenez were going to be getting a shipment of marijuana. The police established surveillance of Jimenez. Officer Graboskie was familiar with the names "Jimenez" and "Gerardo Sandoval" in the context of previous drug related investigations.

On January 7, the police established surveillance on Jimenez' house at 822 Greenwood Street in Reading. They initially observed Jimenez go to a silver Audi and drive around the city. He eventually went back to his residence and the police maintained surveillance on the house. Later that day a black Audi that was registered to Camilo Rodriguez and was being driven by Gerardo Sandoval showed up at 822 Greenwood Street.

Jimenez came out of the house and got into the passenger side of the black Audi. The police continued to do surveillance of the vehicle. Eventually Jimenez and his passenger went into West Reading and picked up a third individual who was never identified. The police surveilled them to Givler's Auto which is in Leesport, Pennsylvania. Givler's sells enclosed trailers. Officer Graboskie saw the three individuals looking at different trailers. They then got back into the Audi and left.

The police maintained surveillance on the black Audi as it went to various businesses and circled around parking lots. The police terminated the surveillance because they thought the Audi's conduct was strange and they did not want the people inside the vehicle to realize that the police were surveilling them. Agents went back to 822 Greenwood Street and set up surveillance on the house. When the agents arrived, the black Audi was already parked there. They maintained surveillance on the residence and the vehicle.

Sandoval was observed by the police getting back into the Audi and they surveilled him to 1402 Mt. Laurel in Temple, Pennsylvania. Officer Graboskie saw Sandoval get out of the vehicle and walk to the back of the vehicle where there was a silver or grey van parked in the back of the residence. Sandoval retrieved an unknown item from the van and put it into the trunk of the Audi. This happened around 4:30 in the afternoon. The police stayed on the surveillance on 1402 Mt. Laurel but the only other activity they observed was a blue dodge pickup truck pull in that was registered to Jesus Beltran-Delrio. Jesus BeltranDelrio and Gerardo Sandoval live at the 1402 Mt. Laurel residence.

Some agents went into Givler's and asked about the three individuals in the Audi. They were told that the three individuals were looking to purchase a trailer. The agents left word with the people at Givler's to contact the DEA if any of those three people returned.

On January 8 at approximately 4:00 p.m., the police resumed surveillance at Givler's auto. They had information from the manager of Givler's that Sandoval was going to purchase a trailer. The police observed a white Ford Explorer SUV leaving Givler's towing a brand new trailer so they followed the vehicle to 1402 Mt. Laurel Avenue in Temple. It backed into the driveway and the vehicle was unhooked. Officer Graboskie saw Sandoval in the driveway near the trailer. The information they had at that point was that the purchaser of the vehicle was Sandoval.

The Ford Explorer that was towing the trailer left the area. The trailer and Sandoval were still there. Later on, the police saw a blue Dodge pickup truck that they had seen on numerous occasions that is registered to Beltran-Delrio pull into the driveway. Sandoval hooked the trailer up to the pickup truck. The police could not determine the driver of the pickup truck. They observed a Humvee parked in the driveway with several other cars. The Humvee at one point repositioned itself in the driveway. The van that the police had seen on the previous day that was parked around back, pulled into the driveway and both the van and the truck that now had the trailer attached to it left the residence. The police saw no loading of the trailer during their surveillance. Officer Graboskie did not see who was driving the van or the truck. The van was leading.

The police had constant surveillance on the trailer from the time it left Givler's until the time that it left 1402 Mt. Laurel Road. The trailer traveled up Mt. Laurel Avenue and ended up at Giorgio's Mushroom Farm -- about five miles away -- at around 7:00 p.m.

When the truck and the van reached the mushroom farm, the two vehicles went up Blandonfleetwood Road. That road veers off to the right which is West Wesner Road and the van and the truck went on West Wesner Road. Some of the agents got caught at a traffic light so there was only one person, Agent Matsko, following the truck ...


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