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United States v. Gonsalves

United States District Court, D. Massachusetts

July 25, 2014

UNITED STATES OF AMERICA,
v.
JOSHUA GONSALVES, Defendant

Page 197

For Stanley Gonsalves, Defendant: James H. Budreau, LEAD ATTORNEY, Bassil, Klovee & Budreau, Boston, MA.

For Joshua Gonsalves, Defendant: Vivianne E. Jeruchim, LEAD ATTORNEY, Jeruchim & Davenport, LLP, Boston, MA.

For USA, Plaintiff: Richard L. Hoffman, LEAD ATTORNEY, Timothy E. Moran, United States Attorney's Office, Boston, MA.

Page 198

MEMORANDUM AND ORDER

Patti B. Saris, Chief United States District Judge.

I. INTRODUCTION

Defendant Joshua Gonsalves, charged with various counts in connection with an alleged money laundering and oxycodone-trafficking conspiracy, moves to suppress all evidence obtained as the result of a warrantless stop of his motor vehicle by police on February 27, 2012. Defendant contends his Fourth Amendment rights were violated because the police lacked reasonable suspicion or probable cause to believe that he was committing a crime, and that the subsequent search and seizure were unreasonable. At the evidentiary hearing on June 20, 2014, Barnstable Detective and DEA Cape Cod Drug Task Force Agent Mark K. Butler testified for the government. After hearing, the Defendant's Motion to Suppress (Docket No. 174) is DENIED.

II. FINDINGS OF FACT

The following facts are drawn from Detective Butler's testimony and his signed affidavit, which was admitted into evidence at the hearing.

1. The Investigation

Beginning in 2011, the DEA Cape Cod Drug Task Force (" CCDTF" ) began to investigate the oxycodone trafficking activities of Joshua Gonsalves and his brother, Stanley. Investigators also obtained information relating to Joshua Gonsalves's oxycodone trafficking activity through wire intercepts and text messages provided by cooperating defendants in a related case arising from an FBI investigation.[1] During the course of the investigation, several informants and cooperators identified Joshua and Stanley Gonsalves as major oxycodone distributors operating on Cape Cod.

In October 2011, a confidential informant (CS-1) notified investigators that an associate of Gonsalves planned to drive off-Cape to purchase oxycodone. Investigators followed the vehicle from Cape Cod to Haverhill and back. Afterwards, CS-1 confirmed to investigators that the oxycodone had arrived. On November 8, 2011, another confidential source made a controlled purchase of oxycodone ...


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