United States District Court, E.D. New York
[Copyrighted Material Omitted]
For Winston Nicholas Carr, Defendant: Chase A. Scolnick, LEAD ATTORNEY, Federal Defenders of New York, Inc., Brooklyn, NY.
For USA, Plaintiff: Rena Paul, LEAD ATTORNEY, USAO - EDNY, Brooklyn, NY.
MEMORANDUM & ORDER
MARGO K. BRODIE, United States District Judge.
Defendant Winston Nicholas Carr is charged in a two-count indictment with importation of cocaine in violation of Title 21, United States Code, Sections 952(a), 960(a)(1) and 960(b)(1)(B)(ii), and possession of cocaine with intent to distribute in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(A)(ii)(II). On January 21, 2014, Carr moved to suppress statements he made to law enforcement agents on July 3, 2013. The Court held a suppression hearing on July 21, 2014. For the reasons discussed below, the Court grants Carr's motion in part and denies it in part.
a. Facts alleged in the Complaint
According to the facts alleged in the Complaint filed on July 5, 2013, on or about July 3, 2013, Defendant Carr arrived at John F. Kennedy International Airport in Queens, New York (" JFK Airport" ) from Georgetown, Guyana. (Compl. ¶ 1.) Upon his arrival at customs, Carr was selected for a United States Customs and Border Protection (" CBP" ) examination.
( Id. ¶ 2.) He presented one large purple suitcase and one smaller purple suitcase to CBP and answered standard CBP examination questions: he stated that he owned both suitcases, that he had packed the bags himself, and that he owned all of the contents therein. ( Id.)
During the luggage inspection, CBP officers noted that the bottom of the smaller suitcase was " unusually thick and heavy." ( Id. ¶ 3.) An X-Ray of both suitcases revealed a mass on the bottom of each suitcase. ( Id.) CBP officers then escorted Carr to a private examination area, where the luggage was probed to reveal a white powdery substance, ...