United States District Court, D. Massachusetts
MEMORANDUM AND ORDER
J. CASPER, UNITED STATES DISTRICT JUDGE
Jesus Gonzalez (“Gonzalez”) has moved to suppress
the evidence seized from his arrest, pursuant to an arrest
warrant obtained on June 6, 2016, and the evidence seized
from the search of his residence pursuant to a search warrant
obtained on June 7, 2016. D. 44; D. 45-1 at 65. Having
considered the motion (and supporting memorandum and
exhibits), D. 44-45, the government's opposition, D. 49,
and having heard oral argument on the motion, D. 52, the
Court DENIES the motion. Accordingly, the Court makes its
findings of fact and legal analysis below.
Findings of Fact
findings are based upon the record before the Court including
but not limited to the Affidavit of Task Force Officer David
J. Spirito (“Spirito”) filed on June 6, 2016 in
support of the arrest warrant and criminal complaint for
Gonzalez, D. 45-1 at 6-14, and the Spirito affidavit filed on
June 7, 2016 in support of the search warrant for
Gonzalez's residence at 39 Greenville Street in Haverhill
(the “Greenville Street residence”), D. 45-1 at
21-38; the transcript of Gonzalez's detention hearing on
June 16, 2016, D. 45-2, and Gonzalez's affidavit, D.
Confidential Witness and Gonzalez
November 2015, investigators interviewed a confidential
witness (“CW”) who was awaiting trial in New
Hampshire for certain drug crimes. D. 45-1 at 9-10. The CW
had no other criminal record aside from motor vehicle
violations. Id. The CW provided information in an
effort to influence his pending criminal charges and
indicated that he was willing to testify in future criminal
proceedings. Id. As Spirito also disclosed in his
affidavit, the CW, while cooperating with law enforcement,
continued to purchase certain controlled substances from
Gonzalez which were not controlled by, sanctioned by or
reported to the law enforcement officers. Id. at 10.
course of his cooperation with agents, the CW stated that he
had purchased heroin and other controlled substances from an
individual he identified as “G.” Id. The
CW described this person as a distributor of oxycodone and
heroin and as residing in the Lawrence area. Id. The
CW shared a photograph of “G” that he had
obtained from a social media website with the agents.
Id. Comparison of this photograph with Massachusetts
RMV records confirmed that the individual CW identified as
“G” possessed a Massachusetts driver's
license bearing the name of Jesus Gonzalez. Id. The
CW gave the agents the current and previous telephone numbers
for Gonzalez and indicated that he had been purchasing
oxycodone and heroin from Gonzalez since 2014. Id.
He also indicated the Gonzalez frequently changed phone
disclosed that he contacted Gonzalez through phone calls and
text messages using the telephone number (978) 539-9025 to
oxycodone and heroin. Id. The CW allowed
investigators to examine and download the contents of his
cellular telephone. Id. Examination of the CW's
phone confirmed calls and text messages between the CW's
phone and Gonzalez's phone number. Id.
example, the text messages included an exchange between the
CW and Gonzalez following a drug transaction which had
occurred on October 17, 2015. Id. at 11. The CW
indicated to the investigators that he had agreed to purchase
a certain amount of alprazolam pills and heroin from
Gonzalez-where an unknown party delivered the drugs on that
date- but that he did not receive the correct amounts.
Id. The text messages addressed this issue.
Id. at 11-12. The text messages also included an
exchange regarding the CW's purchase of heroin from
Gonzalez on November 19, 2015. Id. at 13. The text
exchange included details regarding the 250 grams of heroin
to be purchased. Id. The CW's recounting of this
transaction was corroborated as the CW had been arrested that
same evening in possession of 230 grams of heroin and it was
following that arrest that the CW agreed to assist the
investigators by making a controlled purchase of narcotics
from Gonzalez. Id.
December 2, 2015 Controlled Purchase
December 2, 2015, investigators had the CW arrange to
purchase 200 grams of heroin from Gonzalez and the
investigators observed and recorded all the calls and text
messages between CW and Gonzalez regarding the purchase.
Id. at 13. During the text exchanges and phone calls
to arrange the transaction, Gonzalez, using coded language,
asked the CW if he wanted to purchase 300 grams of heroin and
he also reminded the CW that he owed him $5, 500 for the 55
grams the CW had previously purchased on credit. Id.
at 14, 15-16.
phone, the CW and Gonzalez eventually agreed on a time to
meet for the purchase and the agents outfitted him with a
transmitter and recording device. Id. at 15. The
agents provided him with buy money ($7000) and searched the
CW's person and vehicle for contraband and weapons,
finding none. Id. Agents then established
surveillance of the 200 High Street area in Lawrence, the
location that the CW had reported was the one that they
commonly used to conduct their drug transactions.
Id. at 16. The agents were able to monitor the
conversation in which Gonzalez told the CW to “come to
High” and the CW arrived near 200 High Street.
Id. at 16. The CW met with the person he later
identified as Gonzalez. Id. at 17 & n.2. While
the surveillance agents were able to monitor some of the
conversation the CW had with the male, they were unable to
see the individual in their surveillance. Id. An
agent performing surveillance on the area observed the
passenger side of the CW's vehicle open and a male exit
and then enter another vehicle and depart. Id. ...