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United States v. Oriedo

February 13, 2006

UNITED STATES OF AMERICA, PLAINTIFF,
v.
PATRICK ORIEDO, DEFENDANT.



The opinion of the court was delivered by: Foreman, District Judge

MEMORANDUM AND ORDER

Before the Court is defendant's motion to suppress, (Docs. 133,146), and the government's response (Docs. 138,150). The parties have supplemented their pleadings, (Docs. 152,154,155), and the Court has held a hearing on the matter (Docs. 158, 164).

I. Background

On July 1, 2003, Jackson County Associate Circuit Judge E. Dan Kimmel signed a warrant authorizing law enforcement agents to search and to seize any evidence of the manufacturer and delivery of crack cocaine and other controlled substances contained within a black 2002 Pontiac Grand Am bearing Illinois license plate T21 3351 (Doc. 150, Exh.B). This warrant was supported by an affidavit from Special Agent Dale Reamy (Doc. 150, Exh.A).

On July 2, 2003, law enforcement agents performed a traffic stop on the black Grand Am for which they had the warrant. After the stop, the agents ordered the occupants out of the car. According to the government, defendant exited as the driver, and his co-defendant, (Antoine Smith), exited as the sole passenger. Also according to the government, agents searched defendant and found a loaded .22 caliber revolver, and $1,575.00 in currency, of which $300.00 was prerecorded buy money. Agents then searched the black Grand Am pursuant to the search warrant and allegedly found:

1. An Enterprise Leasing Agreement in the name of Mallory Williams;

2. $1,300, of which $450.00 was prerecorded buy money;

3. Crack cocaine;

4. Cannabis;

5. Miscellaneous records; and

6. A wallet containing the I.D. card of Victor Newsome.

The agents then arrested defendant and Smith and took them to the Carbondale Police Department. According to the government, agents read defendant his Miranda rights, and gave him a copy of a Miranda form which defendant signed.

Defendant has been charged in an eight-count Third Superseding Indictment charging him with conspiracy to distribute fifty (50) grams or more of crack cocaine, distribution of crack cocaine, using a firearm during a drug trafficking offense, and possession of a firearm by a felon (Doc. 125). Defendant has moved to suppress any items that were seized pursuant to the search warrant and/or the traffic stop as well as suppress his ...


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