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United States v. Fletcher

March 18, 2010

UNITED STATES OF AMERICA
v.
ADAMMYCHAL S. FLETCHER, DEFENDANT.



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

MOTION TO SUPPRESS EVIDENCE FINDINGS OF FACT AND CONCLUSIONS OF LAW

The Indictment in the above-captioned case charges Defendant Adammychal S. Fletcher ("Defendant" or "Fletcher") with conspiracy to distribute cocaine base, possession with intent to distribute cocaine base, and possession of a firearm in furtherance of drug trafficking.*fn1

Defendant has filed a Motion to Suppress all physical evidence recovered in connection with his arrest on July 30, 2008.*fn2 Upon consideration of Defendant's Motion, the Government's Response,*fn3 and an evidentiary hearing and oral argument held thereon,*fn4 the Court enters the following findings of fact and conclusions of law.

I. FINDINGS OF FACT

1. Vice Detective Randy Fey ("Fey") is a member of the Vice and Intelligence Unit of the Allentown Police Department, and is specifically a member of the sub-unit that focuses on gang activity.*fn5 Fey estimates that 95% of his present cases focus on drug activity.*fn6 Fey has three years of experience in this gang sub-unit,*fn7 and has received training from various programs that focus on the investigation of narcotics, including training he received from the DEA, the Northeast Drug Training Center, and the Top Gun School.*fn8

2. On July 30, 2008, Fey conducted surveillance of several known drug locations based on information that Co-Defendants Jose Figueroa ("Figueroa") and Thomas Chrin ("Chrin") were using one or more of the locations to "cook" crack cocaine.*fn9 Among the locations surveilled was a residence located at 965 Tilghman Street, Allentown, Pennsylvania.*fn10

During this surveillance, Fey dressed in plain clothes and drove an unmarked police cruiser.

3. Based on law enforcement observations and information obtained from a June 28, 2008 arrest, Fey believed that Figueroa and Chrin used the 965 Tilghman location to cook crack cocaine.*fn11 Notably, police sources informed Fey that an individual known as "Sam" cooked cocaine with Figueroa and Chrin at this location.*fn12

4. Fey drove by the 965 Tilghman location and observed a black Subaru pull into the northeast corner of the property.*fn13 He recognized this black Subaru as the same vehicle used by Figueroa and Chrin on the day of the June 28, 2008 arrest.*fn14

5. Fey observed Figueroa, Chrin, and Fletcher*fn15 exit the vehicle.*fn16 Chrin drove the vehicle, Figueroa was the front seat passenger, and Fletcher was the back seat passenger.*fn17

6. Fey observed the three men enter the 965 Tilghman residence.*fn18

7. About ten to fifteen minutes later, Fey observed Fletcher exit the 965 Tilghman location, walk down an alleyway to the rear of the residence and meet a Hispanic individual.*fn19 He then watched Fletcher and the individual make "an exchange" in the alleyway or yard.*fn20 This exchange took a matter of seconds to complete before the men parted and went separate ways.*fn21 Fletcher immediately returned to the 965 Tilghman location.*fn22

8. Based on his experience and specialized training, Fey identified this type of exchange to be a "hand-to-hand" drug sale; he believed Fletcher to be the seller.*fn23 Within a span of thirty to forty-five minutes, Fey observed ...


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