United States v. Correa
1:22-cr-10031
D. Mass.Aug 22, 2024Background
- Joseph Correa and multiple co-defendants were charged with drug trafficking offenses, including conspiracy to distribute fentanyl and cocaine, money laundering, and possession of a firearm in furtherance of a drug crime.
- Federal agencies conducted a multi-year investigation, including use of wiretaps, physical surveillance, GPS tracking, pole cameras, informants, and controlled purchases.
- Correa filed five motions to suppress evidence relating to a GPS tracking device, search of the second floor of Urb. Villa Del Carmen, wiretap evidence, search of 190 Carleton Street, and pole camera footage.
- Agents obtained numerous warrants during the investigation; affidavits for these warrants included wiretap intercepts, surveillance reports, and evidence of Correa’s involvement in drug transactions.
- Defendant alleged that all evidence should be suppressed for lack of probable cause, warrant deficiencies, stale information, improper reliance on agent expertise, and, as to the pole camera, that it constituted an unconstitutional warrantless search.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| GPS Tracking Warrant | Warrant supported by surveillance and intercepted calls linking car to drug activity; probable cause shown | Affidavit was conclusory, lacked nexus to vehicle, relied unduly on agent's experience | Motion to suppress denied; warrant had probable cause |
| Search of Urb. Villa Del Carmen | Affidavit detailed surveillance, seizures, intercepted calls, establishing nexus to drug activity at both floors | No specific recent evidence tying drug activity to second floor, evidence was stale, relied on agent’s experience | Motion to suppress denied; facts established ongoing use, nexus, and probable cause |
| Wiretap Authorizations (Three Numbers) | Detailed affidavits established probable cause and necessity under Title III; evidence recent | Affidavits were conclusory, informants weren’t proven reliable, evidence stale, necessity not shown | Motions to suppress denied; affidavits supported probable cause, necessity, and use of informants was proper |
| Search of 190 Carleton Street | Numerous intercepted communications and surveillance linked drugs to residence; evidence not stale | Affidavit relied on agent’s experience and was based on stale information | Motion to suppress denied; ample probable cause that residence used for trafficking |
| Use of Pole Camera | Precedent permitted use without a warrant at the time; good faith reliance | Camera’s capabilities exceeded normal surveillance; violated reasonable expectation of privacy | Motion to suppress denied; officers acted in good faith reliance on binding appellate precedent |
Key Cases Cited
- Illinois v. Gates, 462 U.S. 213 (standard for probable cause is a "fair probability" based on totality of the circumstances)
- United States v. Leon, 468 U.S. 897 (establishes good faith exception to exclusionary rule for reliance on defective warrants)
- United States v. Dixon, 787 F.3d 55 (affirms probable cause nexus between suspected drug activity and defendant’s residence)
- United States v. Ribeiro, 397 F.3d 43 (nexus for search warrants can be inferred from type of crime, items sought, and reasonable inferences)
- United States v. Bucci, 582 F.3d 108 (at time of surveillance, pole camera use was not a search under First Circuit precedent)