U.S. v. LEE, (E.D.Tex. 2002)

LEONARD DAVIS, United States District Judge

On March 5, 2002, Defendant Bruce Lee, Jr. was charged by indictment with (1) conspiracy to possess with intent to distribute cocaine, (2) possession with intent to distribute and distribution of cocaine, (3) possession with intent to distribute crack cocaine and (4) the use and carrying of a firearm in furtherance of a drug trafficking crime. Defendant has filed a Motion to Suppress Evidence Seized at the LaQuinta Hotel and a Motion to Suppress Evidence Seized Pursuant to Search of the Defendant's Residence. An evidentiary hearing on these motions was held on August 6, 2002. Having considered Defendant's motions, the evidence adduced at the hearing, and the argument of counsel, the court denies both of Defendant's motions to suppress.

On February 20, 2002, an officer with the Department of Public Safety ("DPS") stopped a vehicle driven by Juan Garza ("Garza") in the San Antonio area. During the stop, officers conducted a search of Garza's vehicle resulting in the discovery of approximately 100 pounds of marijuana. Garza was then arrested and agreed to cooperate with authorities.

Garza told authorities that he delivered loads of marijuana for his boss, Esteban Arteaga ("Arteaga"), to an individual named Bruce in Tyler, Texas. He said that he had delivered four one hundred pound loads of marijuana to Bruce between May 2001 and approximately two weeks prior to February 20, 2002. Garza explained that he was to meet Bruce at the La Quinta Inn on Loop 323 in Tyler at approximately 8:00 p.m. the same day, February 20, 2002. According to Garza, Bruce would rent a room for Garza and leave the key for Garza at the front desk. The room would be under Garza's first name. After Garza would arrive at the room, he would telephone Arteaga to notify him he was in the room. Shortly thereafter, Bruce would arrive at the room, pick up the keys to the vehicle Garza was driving which contained the marijuana, leave the hotel and then return to pay for the marijuana. Garza explained that upon delivery, he usually received $100.00 per pound of marijuana from Bruce. He stated that on this occasion, he had been told that Bruce had ten kilograms of cocaine he was having difficulty selling and that he (Garza) was also to pick up 1 kilogram of cocaine to sell for Bruce.

Garza agreed to make telephone calls to Arteaga to set up the transaction. During these calls, which were recorded by authorities, Arteaga and Garza discussed the delivery of the marijuana in Tyler and the picking up of a package which officers believed to refer to the cocaine. Garza consented to do a controlled delivery of the marijuana to Lee. He also consented to officers entering room 207.

Sergeant Deramus ("Deramus") of the Tyler office of the DPS and Special Agent Floyd ("Floyd") of the Tyler office of the FBI went to the La Quinta Inn in Tyler where they questioned the desk clerk, Glenn Bell ("Bell"). Bell told the officers that he knew whom the officers were asking about and provided a print out showing that room 207 had been rented by Bruce Lee for "Wuan." Bell also provided other receipts for previous rooms rented by Bruce Lee for "Wuan." Bell stated that Lee was riding a motorcycle when he departed from the hotel earlier that day.

Lee's residence was listed on a hotel receipt provided by Bell. Agents proceeded to conduct surveillance at the residence. Lee was identified arriving at the residence on a motorcycle. Deramus and Floyd obtained the key for room 207 from Bell and waited in the room. Garza then placed a call to Arteaga to advise him that he (Garza) had arrived in the room and that he was waiting for Lee to pick up the marijuana. Ten minutes later, officers observed Lee leave his residence in a white Ford pickup. Lee conducted several counter surveillance maneuvers to attempt to determine whether he was being followed. When he arrived at the La Quinta Inn, he knocked on the door of room 207 and was then arrested by Deramus and Floyd. A search of his person upon his arrest revealed a receipt for room 207 in his pocket, a garage door opener for his residence, a pager and a cellular telephone. A check of Lee's pager revealed that the number Garza used to call Arteaga was being received on the pager and had been called on the cellular telephone.

Lee's pickup, which was in the parking lot of the La Quinta Inn, was seized and taken to the DPS office. Pursuant to DPS policy, the contents were inventoried. During the inventory, a stolen semi automatic handgun was found. The inventory took place about ten minutes after Lee was arrested.

Deramus then provided an affidavit in support of an application for a warrant to search Lee's residence. The Honorable Thomas Dunn issued the warrant on February 21, 2002. A search of Lee's residence resulted in the seizure of, among other things, 10 kilograms of cocaine, 31 grams of crack cocaine, marijuana, firearms, and approximately $108,000.00 in cash.

In his Motion to Suppress Evidence Seized at the La Quinta Hotel, Defendant contends that he was illegally searched in the hotel room because the officers did not have a warrant and because an individual has an expectation of privacy in a hotel room he has rented. To support this proposition, Defendant cites Stoner v. California, 376 U.S. 483, 84 S.Ct. 889, 11 L.Ed.2d 856 (1964). While Stoner does state that a hotel clerk may not consent to the search of a guest's room, this proposition is not applicable here. The room was not the subject of a search and nothing was seized from the room. The room was rented in Garza's name and Garza agreed to cooperate with the officers' use of it. The only evidence seized was from Defendant's person when he was arrested as he entered the room. "`The usual rule is that a police officer may arrest without warrant one believed by the officer upon reasonable cause to have been guilty of a felony . . .'" United States v. Watson, 423 U.S. 411, 417, 96 S.Ct. 820, 824, 46 L.Ed.2d 598 (1976) (citations omitted). "[A] lawful custodial arrest creates a situation which justifies the contemporaneous search without a warrant of the person arrested and of the immediately surrounding area." New York v. Belton, 453 U.S. 454, 457, 101 S.Ct. 2860, 2862, 69 L.Ed.2d 768 (1981).

Among other things, Garza told officers that he was to meet Bruce and deliver the marijuana to him at the La Quinta Inn in Tyler on February 20, 2002. After being informed of Garza's statements, Deramus and Floyd went to the La Quinta in Tyler where the desk clerk at the hotel provided them with a receipt showing that room 207 had been rented by Bruce Lee for Wuan. After Garza placed a call to Arteaga advising him that he (Garza) had arrived at room 207, Lee left his residence and arrived at room 207 where he was arrested and searched by Deramus and Floyd. "Probable cause for a warrantless arrest exists when the totality of facts and circumstances within a police officer's knowledge at the moment of arrest are sufficient for a reasonable person to conclude that the suspect had committed or was committing an offense." United States v. Wadley, 59 F.3d 510, 512 (5th Cir. 1995), cert. denied, 519 U.S. 895, 117 S.Ct. 240, 136 L.Ed.2d 169 (1996); see also United States v. Watson, 273 F.3d 599, 602 (5th Cir. 2001). Having considered the evidence adduced at the suppression hearing, the court concludes that Deramus and Floyd had probable cause to arrest Lee and that the search of Lee's person was reasonable in that it was done pursuant to his lawful arrest.

Defendant also argues that the search of his vehicle was illegal because the government failed to procure a warrant and because the arrest and search of his person were illegal. In Chambers v. Maroney, 399 U.S. 42, 49, 90 S.Ct. 1975, 1980, 26 L.Ed.2d 419 (1970), the Supreme Court noted that an officer has probable cause to search a vehicle if the officer reasonably believes that the "`contents of the automobile offend against the law.'" Garza told authorities that Lee was to provide him with a kilogram of cocaine. Officers had been able to verify the truthfulness of Garza's statements even to the point of having Lee arrive at room 207 after Garza placed a call to Arteaga telling Arteaga that he was in the room. Not finding drugs on Lee's person, it was reasonable for the officers to believe that Lee's truck or residence could contain cocaine or other evidence of a crime. In addition, the search of the vehicle was reasonable as an inventory search of a vehicle in police custody. Colorado v. Bertine, 479 U.S. 367, 373-74, 107 S.Ct. 738, 742, 93 L.Ed.2d 739 (1987).

In his Motion to Suppress Evidence Seized at Defendant's Residence, Defendant characterizes the warrant for the search of his residence as "anticipatory." An anticipatory search warrant is issued in advance of the receipt of particular property at the premises designated in the warrant. United States v. Ricciardelli, 998 F.2d 8, 10 (1st Cir. 1993). The warrant in this case was not premised on the future receipt of certain property at Defendant's house. The search warrant at issue did not have to satisfy the requirements of an anticipatory search warrant to the extent that they may be different from any other search warrant.

Defendant goes on to complain that the Deramus's Affidavit for Search Warrant failed to provide a nexus to any illegal activity or contraband in his home. Defendant argues, therefore, that there was no probable cause for a search of his residence.

Cocaine and marijuana, along with drug paraphernalia, were specified in Deramus's affidavit as the property concealed at Defendant's residence. Further, section 5(B) of the affidavit states as follows:

"The grounds for issuance of this warrant are derived from information received. On 02-20-2002, Juan Martin Garza, Jr., white male date of birth 04-18-1974 was arrested for delivery of approximately one hundred (100) pounds of Marihuana in Atascosa County, Texas Department of Public Safety Narcotics Service Sergeant Eddie Trifger interviewed Garza in reference to the one hundred (100) pounds of Marihuana. Garza informed Sergeant Trifger that he (Garza) was delivering the Marihuana to Lee, a black male in Tyler, Texas. Garza informed Sergeant Trifger that between the months of May 2001 and approximately two (2) weeks ago, that Garza delivered four (4) one hundred (100) pound loads of Marihuana to Lee on each occasion. Garza advised Sergeant Trifger that he (Garza) contacted his (Garza) source of narcotics on 2-20-2002 and was advised that Lee was in possession of ten (10) kilograms of cocaine and was having difficulty moving it (refers to Cocain). Garza advised Sergeant Trifger and your Affiant that Lee was to deliver approximately one kilogram of cocaine to Garza at the LaQuinta Inn, Tyler, Texas. Garza was to deliver the one hundred (100) pounds of Marihuana to Lee. Sergeant Trifger contacted your Affiant and provided the information to your Affiant. Garza advised Sergeant Trifger and your Affiant that he (Garza) was to meet at the LaQuinta Inn on Loop 323 in Tyler, Texas at approximately 8:00 p.m. on 02-20-2002. Garza stated that Lee always left the room key at the front desk in the name Wuan Garza. There was a key left in the name of Wuan Garza on this occasion as previous occasions. Garza advised Sergeant Trifger and your Affiant that he (Garza) and Lee always met at the LaQuinta Inn in Tyler, Texas to deliver the Marihuana. Your Affiant contacted Glen Bell the desk clerk employed by LaQuinta Inn in Tyler, Teas. Bell informed your Affiant that he (Bell) was aware that Lee had rented a room for Garza on four (4) separate occasions excluding the room on 2-20-2002. Bell provided your Affiant four (4) receipts for the previous rentals from June 2001 to February 2002 and one (1) for 2-20-2002. See attached copies. Bell advised your Affiant that when Lee arrived 02-20-2002 Lee was riding a motorcycle. Your Affiant with assistance from the Tyler DPS Narcotics office conducted surveillance on Lee's residence. At approximately 7:30 p.m. surveillance units observed Lee arrive at his (Lee) residence on a dark colored motorcycle. At approximately 8:10 p.m. surveillance units observed Lee leave his (Lee) residence in his (Lee) 1998 white Ford pickup Texas registration 1SMX55. Your Affiant waited in room #207 at the LaQuinta Inn on Loop 323 in Tyler, Texas for Lee to arrive. At approximately 8:22 p.m. Lee arrived at room #207 at the LaQuinta Inn your Affiant opened the door to room #207 and arrested Lee. Lee stated at the time of his (Lee) arrest that he (Lee was on the Loop an Old Jacksonville Highway on his motorcycle early in the evening. A search of Lee resulted in the discovery of a receipt from the LaQuinta Inn in Lee's pants pocket."

The probable cause standard is a "practical, non-technical conception." Illinois v. Gates, 462 U.S. 213, 231, 103 S.Ct. 2317, 2328, 76 L.Ed.2d 527 (1983). Further, a determination of probable cause deals with probabilities and common-sense conclusions about human behavior. Id. at 462 U.S. 231, 103 S.Ct. 2329. Deramus's affidavit reveals that after Garza was stopped with 100 pounds of marijuana, Garza told authorities that he was delivering the marijuana to Lee at the LaQuinta Inn in Tyler and that during the previous nine month period he had delivered four one hundred pound loads of marijuana to Lee. He also told authorities that Lee possessed ten kilograms of cocaine he was having difficulty selling and that he was supposed to receive approximately one kilogram of cocaine from Lee. Deramus attached receipts to his affidavit showing that Lee had previously rented rooms from June 2001 to February 2002 and one showing that he had rented a room for Garza on February 20, 2002. Even though officers did not find drugs on Lee's person or in his pickup when he was arrested, Deramus's affidavit and the documents attached thereto provided the judge with a fair probability that cocaine and marijuana or other evidence of a crime would be found at Lee's residence. Id. 462 U.S. at 231, 103 S.Ct. at 2328. Accordingly, the court concludes that the warrant for the search of Defendant's residence was supported by probable cause.

Furthermore, even if Deramus's affidavit was insufficient to establish probable cause, the court concludes that the exclusionary rule would not apply because the evidence seized from Defendant's home was done so in reasonable, good-faith reliance upon the warrant issued by Judge Dunn. United States v. Leon, 468 U.S. 897, 922-23, 104 S.Ct. 3405, 3419-21, 82 L.Ed.2d 677 (1984). While it is true that an officer may not rely in good-faith on a warrant supported by a "bare bones" affidavit, the affidavit in this case is not bare bones. In the affidavit, Deramus related what Garza had told authorities. He then explained his independent investigation, which corroborated the information provided by Garza. Deramus explained that the desk clerk at the LaQuinta Inn informed him that Lee had rented a room for Garza on four separate occasions excluding the room on February 20, 2002. As noted above, Deramus attached hotel receipts showing that Lee had previously rented rooms for Garza and that he had rented room 207 for Garza on February 20, 2002. Deramus further stated that Lee arrived at room 207 at approximately 8:22 p.m. where he was arrested and searched. Deramus also stated that a search of Lee's person resulted in the discovery of a receipt from the La Quinta Inn in Lee's pants pocket. Having reviewed Deramus's affidavit, the court concludes that the affidavit provided sufficient indicia of probable cause for reasonable law enforcement officers to believe that the procured warrant was valid. United States v. Shugart, 117 F.3d 838, 844 (5th Cir.), cert. denied, 522 U.S. 976, 118 S.Ct. 433, 139 L.Ed.2d 333 (1997); United States v. Cisneros, 112 F.3d 1272, 1279 (5th Cir. 1997).

Based on the foregoing, Defendant's Motion to Suppress Evidence Seized at the La Quinta Hotel and his Motion to Suppress Evidence Seized at Defendant's Residence are DENIED.