Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

United States v. Guerrier

United States District Court, M.D. Pennsylvania

February 2, 2017

UNITED STATES OF AMERICA, Plaintiff,
v.
CALEB GUERRIER, Defendant.

          MEMORANDUM

          A. Richard Caputo United States District Judge.

         Before me are nine (9) “Pre Trial Motions” (Doc. 34) filed by Defendant Caleb Guerrier ("Defendant"). For the reasons that follow, I will deny all of Defendant's motions, except for Defendant's "Motion to Suppress Illegally Obtained Statement/Confession, " and "Motion to Suppress Evidence Intentionally Seized Pursuant to a Search Warrant Based Upon an Affidavit Which on Its Face Failed to Establish Probable Cause, " which will be dismissed. Defendant will be permitted to refile them to properly, and exhaustively, put forward his arguments.

         Factual Background

         On February 9, 2016, a federal grand jury returned an indictment charging Defendant with drug trafficking and firearms offenses, including: Count 1, Distribution of Cocaine Base (Crack), on November 7, 2013, in violation of 21 U.S.C. § 841(a)(1); Count 2, Distribution of Cocaine Base (Crack), on November 13, 2013, in violation of 21 U.S.C. § § 841(a)(1) and 841(b)(1)(C); Count 3, Convicted Felon in Possession of Firearms, on March 20, 2014, in violation of 18 U.S.C. 922 §§ (g)(1) and 924(e), and; Count 4, Possession of a Firearm with an Obliterated Serial Number, on March 20, 2014, in violation of 18 U.S.C. §§ 922(k) and 924(a)(1)(B). The indictment also includes a forfeiture allegation.

         Because Defendant failed to include a factual background section in his brief, I will rely on the factual averments in the Government's brief in opposition. (Doc. 35, at 2).[1]

         The criminal charges in this matter stem from an investigation conducted by the Luzerne County Drug Task Force and other local law enforcement authorities in Luzerne County.

         On November 7, 2013, investigators from the Luzerne County Drug Task Force utilized a confidential informant to make a “controlled purchase” of crack cocaine from Defendant in exchange for the sum of $200. The drug transaction took place at a location in Pittston, Luzerne County. The drug transaction was preceded by a series of telephone calls between the confidential informant and Defendant, which were recorded by investigators pursuant to Pennsylvania law. Prior to the transaction, the confidential informant was searched for money, drugs, or contraband, with negative results. Investigators also provided the confidential informant with $200 in prerecorded U.S. currency. Investigators then established surveillance in the area of the prearranged meeting location and were able to observe Defendant arriving at the location in order to meet with the confidential informant. After the transaction, the confidential informant provided investigators with a quantity of suspected cocaine which he/she indicated had been purchased from Defendant in exchange for $200. Again, investigators searched the confidential informant and his/her vehicle for money, drugs, or contraband with negative results.

         On November 13, 2013, members of the Luzerne County Drug Task Force again utilized a confidential informant to make a “controlled purchase” of crack cocaine from Defendant in exchange for $200. The drug transaction was again preceded by a number of telephone calls between the confidential informant and the defendant. The confidential informant was again provided with the sum of $200 in prerecorded U.S. currency in order to purchase crack cocaine from Defendant. Investigators then established surveillance in the area of the prearranged meeting location in Pittston Township, Luzerne County, and were able to observe Defendant at the meeting location. Investigators observed Defendant enter the confidential informant's vehicle, remain inside for a brief period of time, and then exit the confidential informant's vehicle. Defendant then entered a dark-colored Lexus sedan, bearing Pennsylvania registration JBY2550, and left the area. A search of motor vehicle records revealed that the Lexus sedan was registered to Defendant.

         After the transaction, investigators met with the confidential informant, who tuned over to investigators a quantity of suspected crack cocaine. The confidential informant was again searched for money, drugs, or contraband with negative results. Investigators subsequently obtained an arrest warrant for Defendant.

         On March 20, 2014, members of the Luzerne County Drug Task Force attempted to serve the arrest warrant on Defendant. Investigators proceeded to a residence located at 43 Marcy Court, Hanover Township, Luzerne County. Police officers approached the residence and knocked on the door. Defendant answered the door and allowed the police officers into his residence, where he was taken into custody. Noting the presence of several pit bulls in the residence, as well as observing children's clothing, officers conducted a “protective sweep” of the residence and observed a stainless steel revolver in an open bag on the floor of a bedroom of the residence. The residence was then secured, and Officer Mark Stefanowicz of the Hanover Township Police Department obtained a search warrant for the residence. The search warrant was approved by the Luzerne County District Attorney's Office and was signed by District Magistrate Judge Joseph Halesey.

         A subsequent search of the residence at 43 Marcy Court resulted in the seizure of a number of items, including the following:

1) Charter Arms Undercover .38 special handgun with an obliterated serial number; 2) Taurus PT 738 .380 handgun with an obliterated serial number;
3) Glock 19 9mm handgun;
4) Springfield XD-9 9mm handgun;
5) Lorcin L9 9mm handgun with an obliterated serial number;
6) 20 gauge shotgun with no make, model, or ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.