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U.S. v. Ortiz

Issue Exists If Statement About Attic Key Was Spontaneous or Product of Interrogation

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OPINION & ORDER Defendant Gerald Ortiz (“Defendant”) is charged by Information on the following four counts: (1) possession with intent to distribute a controlled substance, in violation of U.S.C. §841(a)(1) and §841(b)(1)(B); (2) possession with intent to distribute a controlled substance, in violation of U.S.C. §841(a)(1) and §841(b)(1)(C); (3) possession of a firearm in furtherance of a drug trafficking crime, in violation of 18 U.S.C. §922(c)(1)(A)(i); (4) felon in possession of a firearm, in violation of 18 U.S.C. §922(g)(1). (Information, ECF No. 19.) Before the Court is Defendant’s Motion to Suppress statements that Defendant made on November 14, 2017, during the execution of a search warrant at his home. (Memorandum of Law in Support of Motion to Suppress Evidence, (“Def. Mem.”), ECF No. 21). For the following reasons, Defendant’s Motion is GRANTED.BACKGROUNDThe facts herein are taken from the Complaint, Superseding Complaint, Information, Defendant’s Motion, including the affidavit and application for the search warrant executed on November 14, 2017 (“Search Warrant”), and the Government’s Response to Defendant’s Motion ((“Gov. Onn.”). ECF No. 23.)In October and November of 2017, the Town of Newburgh Police Detective Bureau (“TNPD”) and members of the New York State Police began investigating Defendant for trafficking narcotics in and around the town of Newburgh, Orange County. (Def. Mem., Ex. A, 7.) During the first week of November 2017, the TNPD used an undercover officer (“UC”) to purchase crack/cocaine from Defendant and investigate Defendant’s operations. (Id.

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