United States District Court, D. Massachusetts
MEMORANDUM AND ORDER
B. Saris Chief United States District Judge
Rivera, along with eight co-defendants, has been charged with
conspiracy to distribute cocaine and cocaine base. Docket No.
59. Rivera has filed two motions to suppress. In the first
motion, Rivera seeks to suppress evidence seized from two
apartments on the basis that the affidavit in support of the
search warrants failed to establish probable cause. Docket
No. 216. In the second motion, Rivera seeks to suppress evidence
derived from an allegedly unlawful wiretap of his cellphone.
Docket No. 218.
Rivera's motions to suppress (Docket Nos. 216, 218) are
Title III Wiretap
government obtained a Title III wiretap on Luis Rivera's
cell phone, Target Telephone (TT) 5, on February 10, 2016.
The wiretap application was supported by a February 10, 2016
affidavit by DEA Task Force Agent Paul M. Gallagher that
incorporated an October 30, 2015 affidavit by ATF Special
Agent Robert J. White.
to the Gallagher and White affidavits, Rivera was part of the
Boylston Street Gang (“BSG”), which distributed
narcotics in Boston and Brockton, MA. Edison Tejeda and
Antonio Sosa were the suspected leaders of the BSG. Rivera
was suspected of supplying BSG members, particularly Tejeda,
with drugs for distribution.
9, 2016, at about 5:00 AM, law enforcement officers
simultaneously executed two search warrants: at 25 Columbia
St. Apt. 1R in Brockton and 103 Green St. Apt. 1 in Brockton.
The warrants were issued on June 8, 2016 based on an
affidavit by ATF Task Force Officer Gary Mercurio.
was present at 103 Green Street at the time of the search.
The record does not make clear what evidence was seized from
was originally indicted on June 8, 2016. Docket No. 1. The
superseding indictment was issued on July 13, 2016. Docket
No. 59. The superseding indictment charged Luis Rivera and
eight co-defendants with conspiracy to distribute cocaine and
8, 2017, Rivera filed two motions to suppress. Docket Nos.
216, 218. The Court heard argument ...