United States District Court, D. Massachusetts
MEMORANDUM AND ORDER
DENISE J. CASPER, District Judge.
Defendant Raymond Jeffreys ("Jeffreys") has moved to suppress all fruits of the search of an automobile driven by Jeffreys on January 18, 2012. D. 345. Having considered the motion (and supporting memorandum, D. 345), the government's opposition, D. 386, the evidence (including testimony and exhibits, Exhs. 1-15) presented at the evidentiary hearing, D. 397, and post-hearing briefing, D. 396-1, the Court DENIES the motion. Accordingly, the Court makes its findings of fact and legal analysis below.
II. Findings of Fact
These findings are based upon the testimony of Boston Police Officer Corey Franklin and Massachusetts State Trooper William Kenney who testified at the suppression hearing and the exhibits introduced at that hearing.
A. Trying to Locate Jeffreys
Trooper Kenney, previously assigned to the Violent Fugitive Apprehension Section of the State Police, testified about searching for Jeffreys. As of September 2011, Jeffreys had two outstanding state warrants: one for a parole violation (on an underlying assault and battery/dangerous weapon (firearm) charge out of Suffolk Superior Court); and one for drug possession out of Dorchester District Court. Exh. 10 at 1. Around the same time, Kenney began an investigation to locate and arrest Jeffreys. Kenney began by gathering information about Jeffreys and speaking with two of his parole officers. The parole officers informed him that they believed that Jeffreys was in the prostitution business and that he had a girlfriend, Jacquelyn Lungelow, who lived in the Bromley-Heath housing complex, 267 Centre Street in Jamaica Plain, but had vehicles registered at her mother's address in Marshfield. To locate Jeffreys, Kenney focused his search on finding Lungelow.
The two cars registered to Lungelow were a black Mazda and a 2006 Dodge Magnum station wagon. Between September 2011 and January 2012, Kenney conducted surveillance near Lungelow's Bromley-Heath residence and her mother's in Marshfield in an attempt to locate Jeffreys. He did not observe Lungelow or Jeffreys until the January 18th incident described below. (Although on November 2, 2011, Kenney learned that Lungelow was booked on a flight from Las Vegas to Boston, he later determined that she had checked in for the flight, but did not board it and he was unable to find out if Jeffreys was with her at the time).
In addition to information from the parole officers and the Registry of Motor Vehicles about Lungelow's vehicles, Kenney received information about them from the Cambridge Police Department. He learned from officers in that department that Jeffreys had previously been arrested in Cambridge in or about July 2010 and that at the time of his arrest, Lungelow was with him and she was driving a rental car. During that arrest, Jeffreys gave a false name and, during transport, also broke his cell phone and purposefully damaged the memory card in the phone. Kenney, who had previously been assigned to the auto theft task force, conducted a "backtrack history" of the Mazda registered to Lungelow and discovered that the vehicle had been previously towed and impounded in Georgia. After the impounding, Lungelow showed up to get some personal belongings out of the vehicle. The tow company found a hide in the vehicle containing numerous female drivers' licenses. The backtrack history also revealed that the car had previously been involved in an accident in New York and the operator at that time had a criminal record that included an October 2011 arrest for prostitution involving minors in Pennsylvania. The GPS on the Mazda also revealed that it had traveled up and down the East Coast. The Mazda was repossessed on September 26, 2011. Thereafter, as to vehicles, Kenney focused on the Dodge Magnum, which was also registered to Lungelow.
Starting in November 2011, Kenney saw queries from other MA police departments about the Dodge Magnum. These queries indicated to Kenney that this vehicle was back in Massachusetts. On January 13, 2012, Kenney traveled to Marshfield to see if he could find the Dodge Magnum. There, he spoke with Lungelow's mother, Deborah Jackson, at her residence. She identified herself as Lungelow's mother and informed the trooper that she had custody of Lungelow and Jeffrey's four-year old daughter. Jackson reported that she had just visited Lungelow at her Bromley-Heath residence, but she had not seen Jeffreys there, but had not gone into Lungelow's residence. Kenney kept looking for the Dodge Magnum in the Bromley-Heath area.
B. Stop of the Dodge Magnum on January 18, 2012
During surveillance on Centre Street, on January 18, 2012 around 5:45 p.m., Kenney observed Lungelow cross the street from the Bromley-Heath complex and continue walking. Kenney began to follow her on foot, but lost sight of her. He started back to his vehicle when he spotted the Dodge Magnum traveling down Lamartine Street. Given the timing of having seen Lungelow on the street and when he saw the Dodge, Kenney did not think that Lungelow was driving the car and he could not see the driver. Kenney ran to his unmarked vehicle and started to follow the Dodge Magnum, confirmed the plate was registered to Lungelow and used the radio to ask a Boston Police unit to make a motor vehicle stop of the Dodge. The call sent out noted that the vehicle may contain Jeffreys who was a parolee with past firearms charges who may or may not be armed. The trooper kept following the Dodge until he saw a marked unit pull it over.
Boston Police Officers Franklin, Franklyn Centeio and Roger Layden, in an unmarked vehicle, activated the lights and sirens and pulled the vehicle over at 87 Lamartine Street, Exh. 1. This street is in a residential area with no parking restrictions, Exhs. 6A-D, but is in the vicinity of the Bromley-Heath complex known to the police as a high crime area.
The Dodge Magnum stopped and Kenney and the other officers approached it with guns drawn. The vehicle had dark tinted windows and the occupants took well over a minute to roll the window down in response to the command to show their hands. Kenney's attention was drawn to the driver whom he identified as Jeffreys. Jeffreys showed his hands and complied with direction to get out of the vehicle. Jeffreys, however, did not produce a license and did not give his true name; he gave the false name of Shawn Cornell. See Exh. 2. Knowing that Jeffreys did not have a license and ...