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COMMONWEALTH OF MASSACHUSETTS
HAMPDEN, ss. SUPERIOR COURT
CRIMINAL ACTION
NO. 16-00060
COMMONWEALTH
ws
JESUS MERCED
DER ON
‘DEFENDANT'S MOTION TO SUPPRESS.
‘The defendant, Jesus Merced, is charged with traficking in a controlled substance,
cocaine (200+ grams) (habitual offender), pursuant to G.L. ¢, 94C, § 32E (b) (4), and operating
‘motor vehicle after license suspended or revoked for habitual traffic offender, pursuant to GL. €
90, § 23. The defendant now moves to suppress from evidence the seizure, canine sniff, opening,
‘and search ofs parcel of mail atthe United States Post Office in Springfield on the basis that
search warrant was insufficient. The defendant further moves for suppression of all evidence and
Statements, iFany, obtained from the resulting search ofa residence located at 11 Lowell Street,
West Springfield.
(On February 23, 2017, the court held a non-evidentiary hearing, For the following
reasons, the deféndant’s motion to suppress is ALLOWED.
FACTUAL AVERMENTS IN SEARCH WARRANT APPLICATION
On December 15, 2015, Postal Inspector Richard Tracy applied for a search warrant to
search a Priority Mail Express Parcel (the “parel”) addressed to Jose Pagan at 11 Lowell Street,
‘West Springfield. The following information is contained in Tracy's affidavit in support of the
search warrant application
V1
0 ene
iv io RD“Tracy hasbeen employed as a US, Postal Inspector fr fourteen year and is assigned to
the US, Pst Inspection Service “USPIS", office in Springfield Hes responsible for
investigations involving the thet of U.S. mai, obstruction ofthe U.S. mil, mal ead, and other
criminal actives involving the mail, including he investigation of items pohiited from mi
such as contoed substances
On December 11,2015, USPIS in San lua, Puerto Rio informed USPIS in
Springfield hatte parcels sender was not associated with the adress sted on the pares. The
parcel or
nated in Caguss, Puerto Rico with the sender's information listed as “Carles Pagan,
UB. Villas de Casto, calle 9-F 15, Caguas, PR. 00725. USPIS in San Juan sent the parcel to
USPIS in Springfield for futher review. .
‘Through previous USPIS investigations, including Tracy's investigations, Tracy is aware
‘hat cocaine is commonly sent fom Puerto Rico othe United States va the US. mail. On
December 12,2015, USPIS in Springfield attempted to identify the pares intended recipient,
Jose Pagan. Uilizing investigative databases, USPIS determined that Jose Pagan was not
«ssoviated with 1] Lowell Steet, West Springfield, an that he adess listed on the paeel is a
place of business Los Bor's Auto Repair. Senders commonly use fale names when shipping
illegal substances to avid identification by law enforcement.
‘On December 12, 2015, USPIS met Wilbraham Police Department Officer Joseph Brewer
and his K-9, Charon tthe Wilbraham Police Department Officer Brewer has been an officer
withthe Wilbraham Police Department for eight years. Officer Brewer and Charon have been
‘working together for sven years. Officer Brewer aed Charon are cerified by the North American
Police Work Dog Association. Charon became cetified in narcties detection in May, 2010, andan identify marijuana, cocaine, heroin, methamphetamines, and their derivatives. In May, 2011,
Charon became certified in the detection of ecstasy. Charon performs eight hours of service
traning per month and has had suecessfil street identifications of controlled substances. Officer
Brewer performs monthly requieed taining in narcotics detection with Charon. USPIS bas
worked with Officer Brewer and Chaton on prevision investigations thet successfully identified
«drug contraband sent through the U.S. mail
“Tracy placed the parcel ina vacant office where Officer Brewer and Charon examined it
‘After Officer Brewer led Charon into the vacant office, Charon approached the parcel and
alerted, by pawing and biting the parcel, Chaton’s alert indicated that Charon detected controlled
substances contained in the parel
Based upon Charon’s alert and the above-mentioned information, Tracy believed that
probable cause existed that items found within the parcel “constitute evidence of a erime;
‘contraband, fruits of crime, or other items illegally possessed; and property designed for use,
intended for use, or used in committing a crime, namely distribution or possession with intent to