US v. Almonte-Baez
Filing
OPINION issued by Juan R. Torruella, Appellate Judge; Bruce M. Selya, Appellate Judge and Sandra L. Lynch, Appellate Judge. Published. [15-2367]
Case: 15-2367
Document: 00117154134
Page: 1
Date Filed: 05/12/2017
Entry ID: 6091706
United States Court of Appeals
For the First Circuit
No. 15-2367
UNITED STATES OF AMERICA,
Appellee,
v.
YGOA ALMONTE-BÁEZ,
Defendant, Appellant.
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MASSACHUSETTS
[Hon. Rya W. Zobel, U.S. District Judge]
Before
Torruella, Selya and Lynch,
Circuit Judges.
J. Thomas Kerner for appellant.
David J. D'Addio, Assistant United States Attorney, with whom
William D. Weinreb, Acting United States Attorney, was on brief,
for appellee.
May 12, 2017
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SELYA, Circuit Judge.
Date Filed: 05/12/2017
Entry ID: 6091706
Success sometimes depends on
taking full advantage of fortuitous occurrences.
In this case,
the federal Drug Enforcement Administration (DEA), while engaged
in an investigation of a suspected drug-trafficking operation,
stumbled
across
operation.
a
second
(more
substantial)
drug-trafficking
Much of the evidence concerning this second operation
was unearthed following a warrantless entry by DEA agents into an
apartment that, as matters turned out, served as a stash house for
the second drug-trafficking operation.
In the ensuing prosecution
of a participant in the second drug-trafficking operation, the
district court found that probable cause, combined with exigent
circumstances, justified the warrantless entry.
At trial, the
jury convicted.
Focusing with laser-like intensity on the warrantless
entry and its aftermath, the appellant now presses this singleissue appeal.
determination
therefore,
in
He argues that the district court erred in its
that
the
denying
incriminating evidence.
warrantless
his
motion
entry
to
was
suppress
lawful
a
trove
and,
of
After careful consideration, we uphold
the denial of the appellant's motion to suppress and affirm the
judgment below.
I.
BACKGROUND
When reviewing the denial of a motion to suppress, we
take the facts as the trial court found them, consistent with
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record support, see United States v. Romain, 393 F.3d 63, 66 (1st
Cir. 2004), adding uncontradicted facts where appropriate.
In the
summer of 2013, DEA agents, working with state and local police
officers, were investigating a drug-trafficking ring based in
Lawrence, Massachusetts.
During the course of this investigation,
the agents intercepted telephone calls between two persons (the
targets) thought to be part of the ring. Through these intercepted
calls, the agents learned that the targets were planning to rob a
quondam
associate,
one
José
Medina-López
(Medina),
whom
the
targets had reason to believe was receiving bulk drug shipments on
a weekly basis.1
The targets hatched a plot that contemplated attaching
a GPS unit to Medina's car in the hope that it would lead them to
his cache of drugs and cash.
The agents decided that it was time
for them to act.
They began by canvassing the streets in search
of Medina's car.
On the morning of July 26, 2013, they hit the
jackpot: they observed Medina leaving a multi-family residential
building on Cedar Street, carrying a large trash bag that was so
heavy that he needed both hands to lift it.
He hoisted the trash
bag into his car and drove away.
1
At the time of the intercepts, Medina was a known quantity
to the agents: in March of 2013, he had participated in a
controlled purchase of heroin (while he was acting as a courier
for one of the targets). Some years before, he had been convicted
on a state drug charge and had served a lengthy prison sentence.
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The agents followed Medina and — with the aid of state
and local police — pulled him over after they had observed him
committing traffic infractions.
When the agents reached his car
window, Medina was trembling and appeared to be very nervous.
The
agents questioned him about where he had come from and where he
was heading, and Medina provided answers the agents knew to be
false.
At that point, the agents asked Medina for permission to
search his car.
Medina acquiesced.
Preliminary to the search,
Medina got out of the car and, as he disembarked, the agents
spotted a large wad of cash sticking out of his pants pocket.
They
seized the cash and arrested Medina for his participation in the
March heroin transaction.
The agents then proceeded to search the car.
In the
trash bag that Medina had lugged from the building on Cedar Street,
they found more than $370,000 in cash.
within
the
car,
stashed
in
a
box
They discovered more cash
and
various
bags.
When
questioned, Medina offered no credible explanation for the oceans
of cash (all of which the agents seized).
Spurred on by what they had discovered, the agents
returned to the building on Cedar Street.
Once there, they
encountered the landlord, who confirmed that Medina rented the
second-floor apartment.
At that juncture, the agents could have
stopped their ongoing investigation and sought a search warrant
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for the apartment.
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Instead, they went to that apartment and
knocked on the front door.
A voice from within the apartment
responded, "Hello, who is it?" The agents announced their presence
and immediately heard the sound of someone inside running away,
that is, toward the back of the apartment.
The front door was
sealed over, so the agents moved to a side door.
Concerned that
the occupant was either trying to escape or destroy evidence, the
agents broke down the side door and forcibly entered the premises.
Once inside, they saw a man, later identified as defendantappellant Ygoa Almonte-Báez, trying to remove a barricade and
escape through the back door.2
They immediately took the appellant
into custody.
A protective sweep of the apartment followed. See United
States v. Martins, 413 F.3d 139, 149-50 (1st Cir. 2005) (discussing
nature and scope of permissible protective sweep).
During that
sweep, the agents observed in plain view heroin and paraphernalia
associated with the heroin trade, including scales and packaging
materials.
They also observed notes and records pertaining to
heroin sales.
2
At trial, the government introduced evidence indicating that
the appellant was the manager of a multi-million-dollar bulk heroin
distribution operation, which had its regional headquarters at the
Cedar Street apartment. He had enlisted Medina (who was primarily
responsible for collecting money from wholesale customers) as one
of his underlings.
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Relying partly on what they had seen in plain view, the
agents obtained a search warrant later the same day.
Returning to
the apartment, they seized about 20 kilograms of heroin and an
assortment of drug-processing tools.
In March of 2014, a federal grand jury charged the
appellant with conspiring to possess with intent to distribute and
to distribute one kilogram or more of heroin.
§ 841(a)(1), (b)(1)(A)(i); 21 U.S.C. § 846.
See 21 U.S.C.
During pretrial
proceedings, the appellant moved to suppress the evidence gathered
from the Cedar Street apartment.
He maintained that, because the
agents' initial entry into the apartment was unlawful, both the
protective sweep and the subsequently issued search warrant (which
relied in material part on information gleaned during the initial
entry) were invalid and any evidence seized as a result was
inadmissible as the fruit of a poisonous tree.
See Wong Sun v.
United States, 371 U.S. 471, 484-85 (1963). The government opposed
the
motion,
and
the
parties
filed
affidavits,
documentary
exhibits, and memoranda in support of their respective positions.
After reviewing the parties' submissions and hearing
arguments of counsel, the district court concluded that, before
undertaking the warrantless entry, the agents had probable cause
to
believe
that
the
apartment
contained
evidence
of
drug-
trafficking activity and that exigent circumstances justified
their warrantless entry.
See United States v. Almonte-Báez, No.
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14-10089,
2014
WL
Page: 7
6751207,
at
*1
Date Filed: 05/12/2017
(D.
Mass.
Dec.
Entry ID: 6091706
1,
2014).
Accordingly, the court upheld the legality of both the initial
entry and the warrant-backed search, and it denied the motion to
suppress.
See id. at *1-2.
A jury later convicted the appellant of the charged
crimes.
This timely appeal ensued.
alleges
trial
error
nor
In it, the appellant neither
challenges
his
156-month
sentence.
Instead, he trains his fire on only a single claim of error: the
district court's refusal to grant his motion to suppress.
II.
ANALYSIS
We review the district court's findings of fact for clear
error and afford de novo review to its ultimate conclusions
regarding
the
circumstances.
existence
of
both
probable
cause
and
exigent
See Ornelas v. United States, 517 U.S. 690, 699
(1996); Romain, 393 F.3d at 68.
Our analysis begins with bedrock:
the Fourth Amendment protects individuals "against unreasonable
searches and seizures."
standard,
warrantless
U.S. Const. amend. IV.
searches
presumptively unreasonable.
398, 403 (2006).
of
private
Under this
premises
are
See Brigham City v. Stuart, 547 U.S.
To secure the admission of evidence obtained
without a warrant, the government must show that the warrantless
search fell within one of a handful of narrowly defined exceptions.
See Romain, 393 F.3d at 68.
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One such exception to the Fourth Amendment's Warrant
Clause is for exigent circumstances.
See Kentucky v. King, 563
U.S. 452, 459-60 (2011); United States v. Curzi, 867 F.2d 36, 41
(1st Cir. 1989).
That exception generally requires a threshold
showing that law enforcement officers had probable cause to enter
the premises.
See United States v. Capelton, 350 F.3d 231, 240
(1st Cir. 2003).
Pertinently, probable cause exists when the
totality of the circumstances create "a fair probability that
contraband or evidence of a crime will be found in a particular
place."3
United States v. Tanguay, 787 F.3d 44, 50 (1st Cir. 2015)
(quoting Illinois v. Gates, 462 U.S. 213, 238 (1983)).
Probable cause is a necessary, but not a sufficient,
precondition for invoking the exigent circumstances doctrine.
Capelton, 350 F.3d at 240.
See
Even when armed with probable cause,
the government still must show that an exigency existed sufficient
to justify the warrantless entry.
are
present
when
"there
is
See id.
such
a
Exigent circumstances
compelling
necessity
for
immediate action as will not brook the delay of obtaining a
warrant."
Matalon v. Hynnes, 806 F.3d 627, 636 (1st Cir. 2015)
(quoting Fletcher v. Town of Clinton, 196 F.3d 41, 49 (1st Cir.
1999)).
3 We
say "pertinently" because, in other contexts, the contours
of the necessary showing of probable cause may differ. See, e.g.,
Martins, 413 F.3d at 147 (discussing emergency aid doctrine).
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The
exigent
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circumstances
doctrine
Entry ID: 6091706
reflects
an
understanding and appreciation of how events occur in the real
world.
"[P]olice officers are often forced to make split-second
judgments — in circumstances that are tense, uncertain, and rapidly
evolving."
King, 563 U.S. at 466 (quoting Graham v. Connor, 490
U.S. 386, 396-97 (1989)).
The reasonableness of those judgments
is normally the keystone of whether an officer's actions can find
shelter under the exigent circumstances doctrine.
Consequently,
the government ordinarily may invoke the exigent circumstances
exception when it can identify an "objectively reasonable basis"
for concluding that, absent some immediate action, the loss or
destruction of evidence is likely.
United States v. Samboy, 433
F.3d 154, 158 (1st Cir. 2005).
Before proceeding further, we digress briefly.
The
Fourth Amendment's protections extend only to those who have a
reasonable expectation of privacy in the entered premises.
Romain, 393 F.3d at 68.
See
Citing this requirement, the government
suggests that the appellant lacked a reasonable expectation of
privacy in the Cedar Street apartment and, thus, has no standing
to challenge the warrantless entry.4
4 In
The district court prudently
this vein, the parties squabble over whether the apartment
was a stash house, used only to store illicit drugs and other
contraband, or whether it was a spartanly appointed dwelling where
the appellant was an overnight guest. Individuals present at a
stash house generally have no reasonable expectation of privacy,
see Minnesota v. Carter, 525 U.S. 83, 90-91 (1998), but overnight
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eschewed any findings on this issue, instead assuming that the
appellant had a reasonable expectation of privacy.
Báez, 2014 WL 6751207, at *1.
See Almonte-
We follow the district court's lead
and assume, albeit without deciding, that the appellant had a
reasonable expectation of privacy in the apartment.
With this digression put to one side, we return to the
question of exigent circumstances.
In answering that question, we
turn first to the existence vel non of probable cause.
That
assessment must be made in light of what the agents knew at the
time that they effected their warrantless entry. See United States
v. Tibolt, 72 F.3d 965, 969 (1st Cir. 1995). In this instance, the
agents knew that Medina rented the apartment and, based on the
intercepted telephone calls, they reasonably suspected that he
received weekly heroin shipments at that address.
Just that
morning, they had observed Medina carrying a large trash bag,
stuffed with several hundred thousand dollars in cash, out of the
apartment.
In light of Medina's false answers to the agents'
queries during the traffic stop and his failure credibly to explain
the provenance of the cash, the agents had convincing reasons to
believe that the cash had not been obtained legally.
To cinch the
matter, Medina (a previously convicted drug dealer) was known to
be currently involved in the drug trade.
The agents knew that he
guests in a home generally have such an expectation, see Minnesota
v. Olson, 495 U.S. 91, 96-97 (1990).
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had been described in the wiretap intercepts as receiving weekly
drug shipments.
They also knew that he had sold heroin to a
cooperating witness a few months earlier.
A finding of probable cause does not require proof of
guilt beyond a reasonable doubt.
See United States v. Hoffman,
832 F.2d 1299, 1305-06 (1st Cir. 1987).
Rather, it requires (as
pertinent here) proof adequate to ground an objectively reasonable
belief that evidence of a crime is likely to be found in the
premises to be entered.
32 (1st Cir. 2014).
See United States v. Floyd, 740 F.3d 22,
The district court determined that the
government's proof rose to this level, see Almonte-Báez, 2014 WL
6751207, at *1, and we agree.
The
appellant's
rejoinder
consists
primarily
of
an
attack on the factfinding on which the district court's probable
cause determination rests.
He contends that the intercepted
telephone calls did not reliably indicate that Medina received
weekly drug shipments, and that the government did not produce
information
adequate
to
controlled drug purchase.
show
that
Medina
participated
in
a
But the district court's findings in
these respects derive from inferences reasonably drawn from the
evidence adduced, and those findings are findings of fact.
United States v. Nuñez, 852 F.3d 141, 144 (1st Cir. 2017).
they are reviewed for clear error.
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See id.
See
Thus,
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This
deferential
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standard
impenetrable barrier for the appellant.
of
review
Entry ID: 6091706
presents
an
Under clear error review,
an appellate court must accept the trial court's findings of fact
unless, "after assessing the whole of the record," it is "firmly
convinced that a mistake has been made." United States v. Dunston,
851 F.3d 91, 101 (1st Cir. 2017).
Here, we have formed no such
firm conviction and, thus, we detect no clear error: the government
filings in the court below included records reflecting that Medina
was a known drug dealer and received regular drug shipments. While
the appellant makes an attempt to call these records into question,
that attempt is entirely unpersuasive.5
Without more grist for
the mill, we cannot disparage the district court's findings of
fact as clearly erroneous.
See United States v. Gamache, 792 F.3d
194, 198 (1st Cir. 2015).
The
appellant
also
challenges
the
district
court's
related finding that the situation the agents encountered at the
Cedar Street apartment constituted exigent circumstances.
5
The
We note, moreover, that the parties agreed during the
suppression hearing that the district court was not obliged to
take live testimony unless it deemed such testimony necessary after
examining the submitted affidavits and exhibits. The court did
not deem such testimony necessary, and the appellant did not object
to that determination.
"If any principle is settled in this
circuit, it is that, absent the most extraordinary circumstances,
legal theories not raised squarely in the lower court cannot be
broached for the first time on appeal." Teamsters, Chauffeurs,
Warehousemen & Helpers Union v. Superline Transp. Co., 953 F.2d
17, 21 (1st Cir. 1992).
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facts,
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as
supportably
straightforward.
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found
by
Date Filed: 05/12/2017
the
district
Entry ID: 6091706
court,
are
As soon as the agents knocked on the front door
of the apartment and identified themselves, they heard someone
inside the apartment running away from the door.
that the door was sealed shut.
They noticed
Given the totality of what they
knew and what they reasonably suspected, the agents had reason to
think — as the district court found — that the unseen individual
was trying to destroy evidence.
The agents knew that drugs can be
flushed down a toilet or washed down a drain in the blink of an
eye.
See King, 563 U.S. at 461; Samboy, 433 F.3d at 158.
Furthermore, the fact that the front door was sealed shut was
itself suspicious.
Weighing these facts, the district court found that the
agents were confronted by exigent circumstances.
Moreover, the
agents "did not create the exigency by engaging or threatening to
engage in conduct that violates the Fourth Amendment."
U.S. at 462.
King, 563
Thus, the court reasoned, the exigency — combined
with the existence of probable cause — justified the agents'
warrantless entry into the apartment.
6751207, at *1-2.
See Almonte-Báez, 2014 WL
We agree: when entry into private premises is
reasonably necessary to head off the imminent loss of evidence, a
law enforcement officer armed with probable cause normally may
enter the premises without a warrant.
Samboy, 433 F.3d at 158.
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See King, 563 U.S. at 460;
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In an effort to blunt the force of this reasoning, the
appellant
suggests
that
what
the
agents
heard
was
equally
consistent with the sounds made by someone moving toward the front
door
to
admit
graveyard:
the
the
agents.
front
door
But
was
this
sealed
is
whistling
shut
and,
past
the
given
the
circumstances that obtained, a law enforcement officer might well
have distinguished whether the footsteps of a person inside the
apartment were moving toward his location or away from it.
The
sockdolager, of course, is that the district court credited the
agents' impressions that the noises they heard sounded like someone
running away from the front door.
6751207, at *1.
See Almonte-Báez, 2014 WL
That was a finding of fact, see Nuñez, 852 F.3d
at 144, and it was not clearly erroneous.
In sum, the record solidly supports the district court's
determination
that
probable
cause
and
exigent
circumstances
coalesced to justify the agents' warrantless entry into the Cedar
Street apartment.
Consequently, the evidence found in plain sight
at the time of that entry, together with the evidence gathered as
a result of the ensuing warrant-backed search, was admissible at
trial.
It follows inexorably, as night follows day, that the
district court did not err in denying the appellant's motion to
suppress.
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III.
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CONCLUSION
We need go no further. For the reasons elucidated above,
the judgment of the district court is
Affirmed.
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