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UNITED STATES v. ADEBAYO YAYA

July 9, 1992

UNITED STATES OF AMERICA, Plaintiff against ADEBAYO YAYA, Defendant.


The opinion of the court was delivered by: STERLING JOHNSON, JR.

 Johnson, District Judge:

 The defendant, Adebayo Yaya, was arrested on March 31, 1992 and arraigned the same day on a complaint. The arraignment resulted in the detention of the defendant. On May 1, the defendant was charged in a three count indictment. When Yaya was brought before Magistrate Judge Chrein to be arraigned, he sought dismissal of the indictment on the ground that the indictment had been filed beyond the thirty day period required by 18 U.S.C. § 3161(b). That motion was denied by Magistrate Chrein. Yaya moves again before this court for dismissal of the indictment on the same ground. In addition, Yaya moves for suppression of items seized from Storage Bin 1138 pursuant to a search warrant. *fn1"

 DISCUSSION

 a. Motion to Dismiss the Indictment

 The court denied defendant's motion to dismiss the indictment from the bench at oral argument on June 23. This memorandum clarifies the basis for that decision. Pursuant to 18 U.S.C. § 3161(h)(8)(A), a delay in indictment is justified if a judge finds that the ends of justice are served by excluding the period of delay. In this instance, Magistrate-Judge Chrein made such a finding.

 b. Suppression Motion

 On June 23, the court held a hearing with respect to defendant's suppression motion. The court credits the testimony of Special Agent Andrew O'Connell of the United States Secret Service (the "Secret Service") and now makes following findings of fact.

 1. FACTS

 On February 24, 1992, a green and white shopping bag containing, inter alia, credit cards, an address book and various forms of identification with photographs of a man later identified as the defendant was found by a New York City Police Department ("NYPD") detective. The NYPD officer turned it over to the Secret Service. Special Agent O'Connell of the Secret Service pursued an investigation of the items found in the shopping bag.

 O'Connell learned from credit card companies that certain of the charges reflected on several credit card accounts, including that of a person named William Shroeder, were unauthorized by the individuals whose names appeared on those credit cards. In addition, listed inside the address book was the address of a storage facility and a United States Resident Alien number. O'Connell learned from the Immigration and Naturalization Service that the Resident Alien number was assigned to Adebayo Yaya. O'Connell also found a rental agreement with the name William Shroeder, the same name as appeared on a credit card that O'Connell had previously been told contained unauthorized charges. The rental agreement reflected a Corona, Queens address as well.

 Experienced in credit card fraud and the use of storage bins by those who commit such crimes, O'Connell went to Shugard's Storage Facility ("Shugard's"). Shugard's manager, Wayne Morgan, recognized the individual in the photographic identification cards found in the shopping bag. Morgan told O'Connell that the individual in the photos rented three storage boxes under the name of "Adebayo Yaya" and provided O'Connell with a home address for Yaya in Corona, Queens. That address corresponded to the address that appeared on the above-mentioned rental agreement.

 O'Connell went to the Corona, Queens address where he observed defendant leave the premises. He recognized the defendant from the photo ...


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