4:18-cr-00003
N.D. Ga.Oct 18, 2019Background
- Bourassa is charged in a RICO/drug/kidnapping indictment; prosecution seeks to use evidence from two traffic stops (Mar. 24, 2006; Mar. 9, 2013), a June 8, 2006 house search, and state-authorized wiretaps.
- Bourassa moved to suppress items seized at: (1) 2200 Beaver Shop Rd. (June 8, 2006), (2) a vehicle stop on Mar. 24, 2006, and (3) a vehicle stop on Mar. 9, 2013; he also moved to suppress Cobb County wiretap recordings.
- The Magistrate Judge held evidentiary hearings and issued two R&Rs recommending denial of the suppression motions; Bourassa objected to both R&Rs.
- District Court adopts the R&Rs as to the Beaver Shop Rd. search, the Mar. 9, 2013 traffic stop, and the wiretaps, denying suppression for those items.
- The Court defers ruling on the Mar. 24, 2006 stop: it finds the existing record inadequate (Officer Rita did not testify) and orders an additional evidentiary hearing to evaluate reasonable suspicion.
Issues
| Issue | Plaintiff's Argument (Gov't) | Defendant's Argument (Bourassa) | Held |
|---|---|---|---|
| Standing to challenge June 8, 2006 house search (2200 Beaver Shop Rd.) | Bourassa was merely present; no proof of ownership/occupancy or custody/control; officers found contraband in the house. | Mines’ statements and Bourassa’s presence show he was a roommate/guest with a reasonable expectation of privacy. | Bourassa failed to prove a reasonable expectation of privacy; suppression denied. |
| Legality of Mar. 9, 2013 traffic stop and subsequent vehicle search | Officer observed tailgating and impeding flow; probable cause/reasonable grounds for stop; driver consented to search. | Officer cited wrong statute for impeding flow; stop therefore invalid. | Officer credibly testified he saw tailgating; probable cause existed regardless of which statute was cited; suppression denied. |
| Legality of Mar. 24, 2006 stop (stop based on suspect match/suspicious conduct) | Officers had reasonable suspicion: an officer (Officer Rita) saw a man matching the suspect in the area enter the vehicle. | No testimony from Officer Rita; record lacks facts showing what suspicious conduct was observed or how person matched description. | Record insufficient without Officer Rita’s testimony; court orders an evidentiary hearing and defers ruling on suppression. |
| Validity of Cobb County wiretaps (probable cause, necessity, sealing, and good-faith) | Affidavit supplied substantial probable cause and necessity; agents reasonably relied on state court orders; sealing delay had a satisfactory, non-tactical explanation; Leon good-faith exception applies if needed. | Affidavit insufficient for probable cause; wiretaps used as shortcut (necessity lacking); sealing and preservation defects; Leon may not apply to wiretaps. | Court adopts R&R: affidavit provided a substantial basis for probable cause and necessity; sealing delay excused by satisfactory explanation; Leon good-faith exception applicable; suppression denied. |
Key Cases Cited
- Minnesota v. Carter, 525 U.S. 83 (1998) (Fourth Amendment standing requires a reasonable expectation of privacy)
- Terry v. Ohio, 392 U.S. 1 (1968) (stop-and-frisk/reasonable suspicion framework)
- Illinois v. Gates, 462 U.S. 213 (1983) (totality-of-the-circumstances test for probable cause)
- United States v. Leon, 468 U.S. 897 (1984) (good-faith exception to exclusionary rule)
- United States v. Ojeda Rios, 495 U.S. 257 (1990) (trigger for sealing and presentment requirements under Title III)
- United States v. De La Cruz-Suarez, 601 F.3d 1202 (11th Cir. 2010) (Title III necessity standard and exhaustion of other techniques)
- United States v. Spoerke, 568 F.3d 1236 (11th Cir. 2009) (traffic stop as seizure; standard for reasonable suspicion/probable cause)