United States District Court, D. Utah
FINDINGS OF FACT AND MEMORANDUM DECISION DENYING
DEFENDANT'S MOTION TO SUPRESS
N. PARRISH, DISTRICT COURT JUDGE
defendant, Miguel Lucero, was indicted on firearm and drug
charges. He moved to suppress a handgun and a large bag of
methamphetamine that police officers discovered in a black
bag that Mr. Lucero threw after seeing a police vehicle
parked in front of his home. [Docket 19] The court held an
evidentiary hearing for the motion to suppress on September
30, 2016. The parties were then given an opportunity to brief
the motion and the court heard oral argument on December 12,
2016. Based upon the evidence presented to the court and the
parties' written and oral arguments, the court DENIES Mr.
Lucero's motion to suppress. The court, therefore, sets
Mr. Lucero's jury trial for February 15, 2017 at 8:30 am.
January 2, 2016, Officer Jared Nielsen responded to a stolen
vehicle report. Tr. 7:7-25.
Officer Nielsen broadcast an attempt to locate for the
vehicle. Tr. 8:3-7.
receiving the attempt to locate, Officer Chris Poteracki
proceeded directly to the 800 block of 23rd Street in Ogden.
He had previously seen other stolen vehicles within the area,
and it was in close proximity to where the vehicle had been
stolen. Tr. 31-32:7-5.
he arrived at his destination, Officer Poteracki located the
stolen vehicle parked in the driveway of a duplex located at
873 23rd Street, in Ogden. Officer Poteracki notified Officer
Nielsen that he had located the vehicle. Tr. 9-10; 32:10-17;
Officer Nielsen knew this to be the residence of defendant
Miguel Lucero. Tr. 15:17-19.
residence is a house that has been converted into a duplex,
with house numbers 871 and 873. Tr. 11-12:24.
duplex has an L-shaped configuration. The door to the 873
address, which is on the East side of the duplex, faces West
and the door to the 871 address faces North. Tr. 12:1-18,
front porch of the duplex extends from the door of 873 to the
door of 871. Tr. 12:1-23, 17:16-19.
There is a window to the left, or east, of the porch. Tr.
driveway is located on the East side of the duplex, next to
the 873 address. It runs from the street to the back of
duplex. Exh. 100.
After receiving notification that Officer Poteracki had
located the vehicle, Officer Nielsen responded to the duplex.
He watched the front door while Officer Poteracki went to the