United States District Court, D. Massachusetts
MEMORANDUM AND ORDER
Hon.
Patti B. Saris Chief United States District Judge
INTRODUCTION
Defendant
Kadeem Pimentel (“Pimentel”) is charged with
being a felon in possession of a firearm in violation of 18
U.S.C. § 922(g)(1). The police discovered two shotguns
and related paraphernalia in his third-floor bedroom while
executing a search warrant at his residence. Arguing that the
police exceeded the scope of the warrant by searching the
third floor, he moves to suppress this physical evidence. He
also moves to suppress statements about the shotguns he made
during the search on the basis that an officer violated his
Miranda rights.
After
hearing, the Court DENIES
Pimentel's motion to suppress (Docket No. 20).
FINDINGS
OF FACT
I.
88 Fountain Street
Pimentel has resided with his family at 88 Fountain Street in
Haverhill, Massachusetts for most of his life. Ex. 6 ¶ 4
(“Aff.”). 88 Fountain Street is a three-story
building owned by Jean Carmen Pimentel and Mathieu Dorestant,
Pimentel's grandfather and great-uncle, respectively.
Dkt. No. 33 at 11:12-24, 12:18-23 (“Tr.”). The
main entrance through the front door has three mailboxes and
doorbells. Tr. at 13:20-14:15; Exs. 1B, 1C. Off the common
hallway on the first floor is a door with a lock that leads
into a living space. Tr. at 43:2-11; Ex. 3. A common flight
of stairs leads to the second floor, which has a door with a
lock that opens into a second living space. Tr. at 26:16-20;
Ex. 3. Another flight of stairs in the common area goes to
the third floor and a third door with a lock, behind which is
a third living area. Tr. at 26:16-20, 30:17-21, 45:11-24;
Exs. 1L, 3. This third-floor living area has its own kitchen
and living room and was at one time rented out to a family
from the Pimentels' church. Tr. at 19:21-20:21, 24:8-23,
51:3-10; Exs. 1H, 1I, 1O. The back door of the building opens
into a common staircase with doors at the rear of the second
and third-floor living spaces. Tr. at 30:6-16; Ex. 3. These
rear doors are not always kept locked. Tr. at 47:25-48:9,
60:5-14.
At the
time of the search, Dorestant lived in the unit on the first
floor, and his name was on the first-floor mailbox. Tr. at
14:23-15:18; Ex. 1D. Members of the Pimentel family,
including Pimentel's grandmother and mother, resided on
the second floor. Tr. at 17:25-18:3, 36:1-8, 65:19-25. The
third floor had at least three residents: Pimentel in one
bedroom and Diana Pimentel (his aunt) and her boyfriend in
the other.[1] Tr. at 11:25-12:3, 26:3-9, 31:14-22,
32:6-9, 50:17-23. Before moving to the third floor shortly
before the search, Pimentel lived in a room off the common
rear hallway on the second floor, which neither party claims
to be its own unit. Tr. at 54:23-21; Ex. 3; Aff. ¶ 4.
Pimentel and Diana Pimentel were paying separate gas and
electric bills for the third floor but not rent. Tr. at
21:1-23:6, 32:12-23; Ex. 2. Although Diana Pimentel lived on
the third floor, her name was on the second-floor mailbox so
that her mother could collect the mail for her when she was
out. Tr. at 16:15-17:15.
II.
Pre-Search Investigation
On the
evening of August 30, 2018, the Haverhill Police Department
(“HPD”) received a call that Pimentel had been
shot in front of 88 Fountain Street. Dkt. No. 20-1 at 1
(“Report”).
The
police arrived at the scene, and Pimentel reported that he
had been shot at while sitting in a truck by a male in a
passing car. Id. The right leg of Pimentel's
shorts was shredded, and he had bloody bruises on his right
thigh. Id.
As
Pimentel was receiving medical treatment, a neighbor
approached the officers and said she had video of the
incident. Id. at 2. After watching the video, the
officers determined that the shot was fired from the truck in
which Pimentel was sitting. Id. When the officers
told Pimentel about the video, he changed his story and said
another passenger in the truck had shot at him out the front
passenger window. Id. The officers left the scene,
and Pimentel entered 88 Fountain Street. Aff. ¶ 5.
Two
officers found Connor Shine, the owner of the truck, and
asked him about the incident. Report at 3. He said Pimentel,
who regularly carries a long gun in his waistband, fired the
shot. Id. Based on Shine's description, the
officers believed the firearm was a sawed-off shotgun.
Id. They also noted that Pimentel's injuries
were consistent with a downward shot from his waist.
Id.
Based
on this information, Detective Dana Burrill, one of the
investigating officers, applied for and received a no-knock
search warrant. Tr. at 96:13-15; Ex. 4. The issued warrant
listed the location to be searched as follows, in relevant
part: “88 Fountain St. 2nd floor is a 3 story,
multi-unit building, with a basement, numbered 88 on the left
side of the front deck . . . which is occupied by and/or in
possession of Kadeem Dashawn Pimentel, Maya Garrow
[Pimentel's girlfriend], Diana Pimentel, and Phebe
Pimentel [Pimentel's grandmother].” Ex. 4.
“2nd floor” was added above the typed text in
handwriting, followed by “DB” (Dana Burrill) in a
circle. Tr. at 102:22-25; Ex. 4. Detective Burrill added
“2nd floor” at the request of the clerk of the
judge who approved the warrant because the HPD's records
listed Pimentel as living on the second floor based on prior
encounters with him. Tr. at 99:4-100:15, 103:1-24.
III.
Execution of Search
About
ten officers, including Detective Burrill, returned to 88
Fountain Street around 2:30 a.m. on August 31 to execute the
search warrant. Tr. at 84:23-85:2, 85:11-18, 102:11-13. They
knocked down the front door, proceeded up the stairs to the
second floor, and knocked down the locked door to the
second-floor living area. Tr. at 38:3-10, 85:19-86:15,
123:25-124:17. They secured everyone ...