United States District Court, D. Utah
MEMORANDUM DECISION AND ORDER DENYING THE
DEFENDANT'S SECOND 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 quantity
of methamphetamine contained in a black bag that Lucero threw
after seeing a police vehicle parked in front of his home.
The court denied the motion. The court subsequently granted
Lucero leave to file a second motion to suppress this same
evidence. [Docket 58]. The court also DENIES Lucero's
second motion to suppress and sets Mr. Lucero's jury
trial for February 26, 2018 at 8:30 am.
January 2, 2016, Officer Jared Nielsen responded to a stolen
Officer Nielsen broadcast an attempt to locate for the
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
Within minutes of receiving the stolen vehicle report,
Officer Poteracki arrived at his destination and located the
stolen vehicle parked in the driveway of a duplex located at
873 23rd Street. Officer Poteracki notified Officer Nielsen
that he had located the vehicle.
Officer Nielsen knew this to be the residence of defendant
residence is a house that has been converted into a duplex,
with house numbers 871 and 873. A landlord owned the duplex
and rented out both units.
Lucero lived at the 873 address. An unrelated individual
lived at the 871 address.
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.
shared front porch of the duplex extends from the door of 873
to the door of 871.
There is a window to the left, or east, of the porch.
driveway is located on the East side of the duplex, next to
the 873 address. It runs from the street to the back of
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
back of the driveway to watch the back door.
Officer Nielsen stood six feet away from the house near the
window to the east of the porch. He was located in the front
yard slightly off of the driveway that ran by the side of the
Officer Nielsen was watching the front of the house, he
observed Lucero and a female exit the door of 873 23rd
Street. As he exited, Lucero saw Officer Nielsen's marked