Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

United States v. Lucero

United States District Court, D. Utah

February 14, 2018

UNITED STATES OF AMERICA, Plaintiff,
v.
MIGUEL LUCERO, Defendant.

          MEMORANDUM DECISION AND ORDER DENYING THE DEFENDANT'S SECOND MOTION TO SUPRESS

          JILL N. PARRISH DISTRICT COURT JUDGE

         The 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.

         FINDINGS OF FACT

         1. On January 2, 2016, Officer Jared Nielsen responded to a stolen vehicle report.

         2. Officer Nielsen broadcast an attempt to locate for the vehicle.

         3. Upon 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.

         4. 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.

         5. Officer Nielsen knew this to be the residence of defendant Miguel Lucero.

         6. The 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.

         7. Lucero lived at the 873 address. An unrelated individual lived at the 871 address.

         8. The 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.

         9. The shared front porch of the duplex extends from the door of 873 to the door of 871.

         10. There is a window to the left, or east, of the porch.

         11. A 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.

         12. 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.

         13. 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 duplex.

         14. As 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 police ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.