United States District Court, E.D. New York
For Darian Webster, also known as Blacks, Defendant: Gregory S. Watts, LEAD ATTORNEY, Brooklyn, NY.
For USA, Plaintiff: Matthew S. Amatruda, LEAD ATTORNEY, United States Attorney's Office, Eastern District of New York, Brooklyn, NY.
MEMORANDUM AND ORDER
WILLIAM F. KUNTZ, II, United States District Judge.
Defendant Darian Webster is charged with narcotics distribution conspiracy and use of a firearm during and in relation to a drug trafficking crime. On January 17, 2013, Officer Hoder heard gunshots from behind a Brooklyn, New York residence. After proceeding to the backyard of the house, the officer purportedly witnessed the Defendant holding a gun while standing on top of the garage. When Defendant allegedly ran into the house, police officers searched the house for him and found marijuana. Based on the discovery of marijuana, officers later applied for and received a warrant. Inside the house, the officers found and seized marijuana, firearms, ammunition, currency, bulletproof vests, and scales.
Defendant now argues that the officers' search of the house violated the Fourth Amendment and moves to suppress the seized physical evidence. The Court denies Defendant's Motion to Suppress.
I. Procedural History
The Complaint in this case was filed on May 14, 2013 and unsealed the next day. Dkts. 1,3. Defendant was indicted on June 11, 2013. Dkt. 10. In the Superseding Indictment, filed July 2, 2013, Defendant was charged with narcotics distribution conspiracy (21 U.S.C. § § 846 and 841(b)(1)(D)) and use of a firearm during and in relation to a drug trafficking crime (18 U.S.C. § 924(c)(1)(A)(i)-(iii)). Dkt. 15.
On May 20, 2014, Defendant moved to suppress the physical evidence recovered on the day of his arrest. See Dkts. 28 (" Mot." ), 30 (" Resp." ). The Court held a suppression hearing on July 30, 2014, and the parties completed their post-hearing briefing bye November 21, 2014. Dkts. 39 (" Opp." ), 40 (" Reply" ), 41 (" Sur-Reply" ).
II. Factual Background
At the suppression hearing, Officer Hoder testified that on ...