United States District Court, D. Hawaii
ORDER DENYING DEFENDANT CHASE WILLIAMS' MOTION TO
SUPPRESS (ECF NO. 21)
GILLMOR, UNITED STATES DISTRICT JUDGE
Chase Williams moves to suppress evidence seized from a
United States Postal Service Priority Mail Express Parcel.
Defendant Williams also seeks to suppress evidence found
pursuant to a search warrant of his residence following his
Williams makes three arguments.
Defendant contends that Postal Inspectors lacked reasonable
suspicion to detain the Subject Parcel.
Defendant argues that the Subject Parcel was retained for an
unreasonable length of time.
Defendant claims that the search of his residence is
“tainted derivative evidence” that should be
suppressed pursuant to the exclusionary rule.
Court finds that Defendant Williams does not have standing to
challenge the search and seizure of the Subject Parcel,
because he was neither the sender nor the addressee of the
Defendant did have standing, the evidence is not subject to
suppression because there was no Fourth Amendment violation.
Postal Inspectors had reasonable suspicion to detain the
Subject Parcel, and the Subject Parcel's retention was
for a reasonable length of time.
search of Defendant's residence did not rely upon the
fruit of an unlawful search or seizure.
Chase Williams' Motion to Suppress (ECF No. 21) is
Williams is charged in the Indictment filed
on June 27, 2018 (ECF No. 13) as follows:
Count I for conspiracy to possess with
intent to distribute and distribution of 500 grams or more of
a mixture and substance containing a detectable amount of
cocaine in violation of 21 U.S.C. §§ 841(a)(1),
841(b)(1)(B), and 846;
Count II for attempting to possess with
intent to distribute 500 grams or more of a mixture or
substance containing a detectable amount of cocaine in
violation of 21 U.S.C. §§ 841(a)(1), 841(b)(1)(B),
and 846; and,
Count III for possession with intent to
distribute a mixture or substance containing a detectable
amount of cocaine in violation of 21 U.S.C. §§
14, 2018, a criminal complaint was filed against Defendant.
(ECF No. 2).
27, 2018, the grand jury returned the three-count Indictment
against Defendant. (ECF No. 13).
28, 2018, Defendant pled not guilty to Counts 1-3 of the
Indictment. (ECF No. 18).
August 28, 2018, Defendant filed DEFENDANT WILLIAMS'
MOTION TO SUPPRESS EVIDENCE. (ECF No. 21).
September 10, 2018, the Government filed UNITED STATES'
RESPONSE IN OPPOSITION TO DEFENDANT'S MOTION TO SUPPRESS
EVIDENCE. (ECF No. 23).
September 17, 2018, the Government filed its WITNESS LIST and
EXHIBIT LIST. (ECF Nos. 24, 25).
September 18, 2018, the Court held a hearing on
Defendant's Motion to Suppress. (ECF No. 28). The Court
found Defendant Williams had no basis for an expectation of
privacy in the parcel and therefore lacked standing to
challenge the detention and search of the parcel.
hearing, the Parties stipulated and agreed to the facts as
stated in the Government's three exhibits in order to
allow the Court to reach Defendant's Fourth Amendment
challenges to the detention and search of the Subject Parcel.
Thursday, June 7, 2018, United States Postal Inspector Trevor
Covert, along with other law enforcement officers, conducted
an outbound interdiction at the West Sacramento Processing
& Distribution Center in California. (Affidavit of Postal
Inspector Brian W. Shaughnessy at ¶ 7, attached to the
Application for Search Warrant, as Government Exhibit 2).
They identified the Subject Parcel as appearing suspicious.
Subject Parcel was addressed in handwriting to “Anne
Langorio, 572 Kaiola Pl, Kihei, HI 96753.” (Subject
Parcel Shipping Label, Government Ex. 1). The handwritten
return address was “Jennifer Sanchez, 8847 Mandalay
Way, Elk Grove, CA 95624.” (Id.)
Covert contacted United States Postal Inspector Brian W.
Shaughnessy in Honolulu and immediately mailed the Subject
Parcel to him. (Shaughnessy Affidavit at ¶¶ 11-12,
Government Exhibit 2)).
Shaughnessy took possession of the Subject Parcel on
Saturday. A canine narcotics detector was not available until
Monday. On Monday, canine narcotics detector
“Alan” alerted to the presence of the odor of a
controlled substance in the Parcel. (Id. at ¶
on the alert, Inspector Shaughnessy applied for and obtained
a federal search warrant to search the Parcel. Inspector
Shaughnessy executed the search warrant and found cocaine in
agents then applied for and obtained a second federal search
warrant to install a beeper and tracking device in the
Parcel. (Affidavit of Drug Enforcement Administration Special
Agent Erik W. Klapmeier at ¶¶ 5-7, attached to the
Criminal Complaint, Government Exhibit 3).
Subject Parcel was transferred from the island of Oahu to the
island of Maui. A controlled delivery of the Parcel was
attempted. The residence was unoccupied. (Id. at
¶ 8). The Postal Inspector left a notice of delivery at
that same afternoon, a postal employee received a telephone
call from an unknown male who asked that the parcel be
redelivered. (Id.) A second attempt at a controlled
delivery of the Parcel was made immediately that afternoon.
the second controlled delivery, a man, later identified as
Eduard Rivera, drove up to the residence. (Id. at
¶ 10). Eduard Rivera accepted the Parcel from the
undercover Postal Inspector who stated that it was for
“Anne Langorio.” (Id.) Rivera said,
“no, it is for my brother.” (Id.) Rivera
took possession of the Parcel and took it into the residence.
beeper then emitted a rapid tone, indicating the Subject
Parcel was opened. Agents approached the residence, and
Rivera was detained in the doorway. (Id.) The agents
tracking the beeper knocked and announced
“police” and proceeded through the apartment.
While in the residence, the agents observed that pieces of
packaging from the Subject Parcel were in the living room of
the residence. Agents then discovered an internal stairwell
from the upstairs residence directly to the ground level
where they observed a screened-in window that was pushed out
from the inside. (Id.)
were searching the surrounding area when a neighbor advised
them that an unknown male had jumped the fence from the
residence. (Id. at ¶ 12). The male was later
positively identified by the neighbor as Defendant Williams.
(Id.) Agents observed Defendant Williams two blocks
away from the residence. He was detained without incident.
(Id. at ¶ 13).
agents applied for and obtained a third search warrant for
Defendant Williams' residence. (Id. at ¶
17; Mag. No. 18-00629RLP). A search of the residence resulted
in officers seizing 86.8 gross grams of cocaine, 406.8 gross
grams of marijuana, and paraphernalia including packaging