United States v. Orozco (575 F. Supp. 2d 1191, 2008)

ORDER AND MEMORANDUM OF DECISION

EDWARD W. NOTTINGHAM, Chief Judge.

This is a criminal case in which various defendants stand accused of conspiring to traffic drugs and launder money in violation of various federal statutes. This matter comes before the court on: (1) Defendant Ana Nemecia Orozco’s “Motion to Suppress Evidence Seized upon Search Warrant,” filed January 18, 2008; (2) Defendant Beatriz Munoz-Carrillo’s “Motion to Suppress Evidence Seized Pursuant to Search Warrant at 200 Clayton Street,” filed April 30, 2008; (3) Defendant Jose Martinez’s “Motion to Suppress Evidence Seized Pursuant to Search Warrant,” filed January 26, 2008; (4) Defendant Evaristo Orosco’s “Motion to Suppress Evidence Seized by Search Warrant,” filed April 30, 2008; (5) Defendant Martha Orosco’s “Motion to Suppress Items Seized by Search Warrant,” filed January 18, 2008; and (6) Defendant Cynthia Orosco’s “Motion to Suppress Items Seized by Search Warrant,” filed April 30, 2008.

FACTS

1. Factual Background

On October 9, 2007, the Government filed four separate applications before Magistrate Judge Craig B. Shaffer seeking warrants to search and seize property from four different addresses: (1) 11538 Nucía Street, Commerce City, Colorado (“11538 Nucía”); (2) 200 Clayton Street, Unit 200, Denver, Colorado (“200 Clayton”); (3) 5910 South Ogden Court, Centennial, Colorado (“5910 South Ogden”); and (4) 4080 West 48th Avenue South, Denver, Colorado (“4080 West 48th”). (See Case No. 07-sw-05196-CBS-l, Dkt. No. 1; Case No. 07-sw-05201-CBS-l, Dkt. No. 1; Case No. 07-sw-05199-CBS-1, Dkt. No. 1; Case No. 07-sw-05197-CBS-1, Dkt. No. 1.) The Government simultaneously filed five additional applications for warrants to search properties not relevant to the instant motions. Each of the Government’s applications was supported by an identical eighty-page affidavit sworn to by Drug Enforcement Administration (“DEA”) Special Agent Albert Villasuso, and each requested to seize property listed in an identical five-page attachment entitled “Items to be Seized” (hereinafter “Attachment B”). (See, e.g., Case No. 07-sw-05196-CBS-l, Dkt. No. 1 at 3-7, Ex. 1 [Villasuso Aff.].) The only material difference between the applications was a separate attachment to each containing a physical description and photograph of the real property to be searched. (See, e.g., Case No. 07-sw-05196-CBS-l, Dkt. No. 1 at 2.)

On October 9, 2007, the magistrate judge issued warrants to search the four properties and seize the items listed in Attachment B. (See Case No. 07-sw-05196-CBS-l, Dkt. No. 2; Case No. 07-sw-05201-CBS-l, Dkt. No. 2; Case No. 07-sw-05199-CBS-l, Dkt. No. 2; Case No. 07-sw-05197-CBS-l, Dkt. No. 2.) On October 17, 2007, the Government searched the four properties, and on October 19, 2007, the Government returned the executed warrants. (See Case No. 07-sw-05196-CBS-l, Dkt. No. 5; Case No. 07-sw-05201-CBS-l, Dkt. No. 5; Case No. 07-sw-05199-CBS-l, Dkt. No. 5; Case No. 07-sw-05197-CBS-l, Dkt. No. 5.)

The instant motions seek to suppress evidence seized by the Government at the four addresses at which their respective movants resided at the time of the searches. Specifically, Defendants Evaris-to, Martha, and Cynthia Orosco seek to suppress evidence seized at 11538 Nucía; Defendant Munoz-Carrillo seeks to suppress evidence seized at 200 Clayton; Defendant Ana Nemecia Orozco seeks to suppress evidence seized at 5910 South Ogden; and Defendant Martinez seeks to suppress evidence seized at 4080 West 48th. (See Mot. to Suppress Evidence Seized by Search Warrant [filed Apr. 30, 2008] [hereinafter “E. Orosco Br.”]; Mot. to Suppress Items Seized by Search Warrant [filed Jan. 18, 2008] [hereinafter “M. Orosco Br.”]; Mot. to Suppress Items Seized by Search Warrant [filed Apr. 30, 2008] [hereinafter “C. Orosco Br.”]; Mot. to Suppress Evidence Seized Pursuant to Search Warrant at 200 Clayton Street [filed Apr. 30, 2008] [hereinafter “Munoz-Carrillo Br.”]; Mot. to Suppress Evidence Seized upon Search Warrant [filed Jan. 18, 2008] [hereinafter “A. Orozco Br.”]; Mot. to Suppress Evidence Seized Pursuant to Search Warrant [filed Jan. 16, 2008] [hereinafter “Martinez Br.”].) Because each of the search warrant applications was based upon the same affidavit, and because each warrant permitted the seizure of identical items listed in Attachment B, I describe each of these two documents in turn.

a. Special Agent Villasuso’s Affidavit

Special Agent Villasuso’s eighty-page affidavit submitted in support of each warrant application contained: (1) an untitled introduction; (2) a “summary of probable cause” as to each of the properties to be searched; (3) an “introduction” relating Special Agent Villasuso’s knowledge of common drug trafficking and money laundering practices; (4) a “background” section describing the arrest of three individuals in January 2007, which led to the Government’s investigation; (5) a summary of information obtained from two of these individuals, and from a third defendant in this case; (6) a summary of information relating to various “shell” corporations associated with the alleged conspiracies; (7) a summary of bank account activity by various alleged conspirators; (8) a summary of tax returns prepared by various alleged conspirators; (9) a summary of travel information relating to various alleged conspirators; (10) a description of how various vehicles used in the alleged conspiracies were purchased; (11) a summary of surveillance conducted upon certain properties and alleged conspirators; and (12) a more specific description of the properties to be searched. (See Gov’t’s Notice of Filing of Aff. in Supp. of Search Warrants Obtained to Date in this Matter [filed May 20, 2008], Ex. 1 [Villa-suso Aff.] [hereinafter “Villasuso Aff.”].) I describe the relevant facts in each of these sections of the affidavit in turn,

i. Untitled Introduction

The untitled introduction to the affidavit relates that Defendant Samuel Orozco operated an extensive cocaine distribution organization responsible for smuggling at least $15 million worth of cocaine from Mexico into the United States for distribution in Denver, Colorado, and Atlanta, Georgia. (Villasuso Aff. ¶ 1.) The introduction further relates that Defendant Samuel Orozco’s drug trafficking organization (“DTO”) included Defendants Evaristo and Martha Orosco, Munoz-Carrillo, Ana Nemecia Orozco, Martinez, and others not relevant to the instant motions. (Id.)

ii. “Summary of Probable Cause”

The “summary of probable cause” section summarizes the probable cause to search each of the four relevant properties. (Id. ¶ 3[a]-[i].) This section relates, in identical language, that three of these properties — 5910 South Ogden, 11538 Nuc-ía, and 200 Clayton — -were paid for “from proceeds of illegal drug trafficking,” and that such proceeds were “laundered through various bank accounts ... to hide the true source of the funds.” (Id. ¶¶ 3[a], 3[e], 3[f].) In addition, the summary relates

(1) with respect to 5910 South Ogden that: “[Defendant] Samuel Orozco’s estranged wife, [Defendant] Ana Nemecia Orozco, continues to reside at this address and the investigation has shown that she continues to make structured currency deposits in a matter consistent with the laundering of [Defendant Samuel] Orozco’s drug proceeds. This is also the listed business address for Northeast Clayton LLC that [Defendant] Samuel Orozco utilizes as a ‘shell’ corporation to make payments on [200 Clayton Street],” (id. ¶ 3[a]);

(2) with respect to 11538 Nucía that: “Surveillance recently observed that [Defendant Samuel] Orozco’s Mercedes Benz CL 600 ... is being stored in the garage located at the rear of the property,” (id. ¶ 3[e]); and

(3) with respect to 200 Clayton that: “[Defendant Samuel] Orozco utilizes this residence to meet with members of his DTO [drug trafficking organization], as well as pay them for transporting loads of cocaine,” (id. ¶ 3[f]).

With respect to 4080 West 48th, the “summary of probable cause” relates in its entirety that:

The investigation has shown that this residence is occupied by [Defendant] [ ] Martinez, who previously resided at 740 South Harrison Street, Denver, Colorado at the same time that [Defendant Samuel] Orozco claims Samuel Enterprises Inc., an Orozco ‘shell’ corporation was allegedly operating at that address. This investigation has shown that [Defendant Samuel] Orozco has provided large amounts of currency to [Defendant] Martinez who has purchased several expensive vehicles with the registration and title listing his address as 740 South Harrison Street, Denver, Colorado.

(Id., ¶ 3[h].) The summary represents that a fifth property — 900 West 70th Place, Denver, Colorado (“900 West 70th”) — is the residence of Defendant Munoz-Carrillo. (/