United States District Court, D. Massachusetts
FINDINGS AND ORDERS ON DEFENDANT'S MOTIONS TO
TIMOTHY S. HILLMAN, DISTRICT JUDGE.
Defendant, Daniel Donald is charged with various drug and
firearm offenses. He has moved to suppress from the
introduction into evidence against him at trial, the results
of installation of a GPS tracking device (Document 113), any
and all evidence seized pursuant to a search warrant
(Document 115), and certain statements that he made to law
enforcement officials while in custody (Document 117). For
the reasons set forth below those motions are denied.
19, 2017, Drug Enforcement Administration Special Agent David
DiTullio applied for and received a warrant authorizing the
installation of a GPS tracking device on a 2004 Jeep Grand
Cherokee, registered to Robert Young of 13 Groton Place,
Worcester, Massachusetts, and a 2012 Cadillac Escalade
registered to the Defendant Donald, at 16B Shrewsbury Green
Drive, Shrewsbury, Massachusetts.
affidavit in support of that application Agent DiTullio
informed that in October of 2016, the management company of
an apartment complex in Westborough had expressed
“concerns” to the Westborough Police about the
occupants of an apartment in the complex in October of 2016.
Specifically, that Neckia Madden was the lessee of the
apartment but that Young and Donald appeared to be living
there. That same month, during a maintenance
visit to the apartment, an employee of the management company
observed a moneycounter in the apartment, which was reported
to the authorities. The affidavit also related that Madden
was an exotic dancer at an adult entertainment
criminal record check revealed that the Defendant had at
least eight prior drug convictions in state court and had
served time in state prison for possession with intent to
distribute heroin, cocaine, and oxycodone. At the time of the
investigation the Defendant was on probation for assault and
battery. Robert Young had four prior state court drug
convictions, and Neckia Madden was defending charges in the
Westborough District Court for possession with intent to
distribute a Class B substance at the time the affidavit was
executed. The affidavit also related that in March of 2017, a
high capacity Glock magazine with one round was found outside
the entrance to the building. That building contains 63
2, 2017, a surveillance team followed the Defendant, Young,
and Ms. Madden from the PARC Apartment Complex to Newton. The
three travelled in the Cadillac Escalade and the Jeep
Cherokee to a commercial automotive garage in Newton where
they exhibited behavior that was consistent with drug dealing
and which included establishing counter surveillance. Agent
DiTullio opined in his affidavit that they traveled to Newton
to purchase drugs and that Young acted as a lookout. He also
related that the premises was identified in 2013 as the site
of several meetings between the co-conspirators of “a
major drug trafficking conspiracy.” On May 9, 2017, the
agents observed the Defendant, Young, and an unidentified
female travel in a white Cadillac (not one of the subject
vehicles) to 13 Groton Place, in Worcester. Shortly after
they arrived the police observed activity that was consistent
with street drug sales; at different times, two vehicles
arrived, the drivers entered 13 Groton Place, exited within
two minutes, then left the area.
November 30, 2017, Agent DiTullio applied for, and received,
a warrant to search the apartment at 13 Groton Place, in
Worcester, Massachusetts. Groton Place is a stand-alone
building at the rear of a multi-family unit. The initial
search did not reveal any drugs inside the apartment.
However, after the initial search was complete, Worcester
Police Officer Gaffney who was stationed outside of the
apartment noticed that the vinyl siding to the apartment had
a bump to it. That bump was a “hide” between the
interior and exterior walls of the apartment. Inside of the
hide the agents located a kilogram of cocaine, 400 grams of
heroin, 88 grams of cocaine base, dozens of fentanyl pills,
and a Smith and Wesson 9 mm pistol.
time of the execution of the search warrant at the 13 Groton
Place, the Defendant Donald was on the premises and was
arrested. He was advised of his Miranda Rights orally and
through the use of a written form which he signed
acknowledging that he received and understood those rights.
The Defendant invoked his privilege against
self-incrimination and chose not to speak to the officers at
that time. The Defendant's arrest and Miranda warnings
proceeded the discovery of the hide and the Defendant was
aware that the contraband was found in the hide when he was
transported to the Worcester Police Department for
station the following exchange took place in an interview
[1:16] Morris: I'm just gonna remind you that at the
house I Mirandized you, read you your rights, you understood
those right . . .
Morris: . . . you signed the form saying you understood them.
Um, everything's Still the same and, um, you know if you
wish to talk with us, if you want to stop at any ...