| Bronx Man with Key Fob to
Stash House in Luxury High Rise in
Long Island City Bailed for $50K
by
Matthew Russell Lee, Patreon Book
Substack SDNY
COURTHOUSE,
Oct 30 รข
A man charged with narcotics
distribution conspiracy was
brought into U.S. District
Court for the Southern
District of New York
Magistrates Court on October
30. Inner City Press was
there, the only media in the
SDNY Mag court, and live
tweeted here:
Surprise, for Mag
court: defense lawyer is
moving to dismiss the
Complaint. Defense: It's
boilerplate. It's just
conclusory allegation. They
got a warrant on Oct 29 to a
building in Long Island City -
my client stepped off the
elevator and said, Wrong floor Defense:
Based on that they stopped
him, took his phone, tested
his key fob and it opened the
door to the apartment they
were searching. Yes they found
drug there. In law school they
call this fruit of the
poisoned tree. Judge: Did they
have a basis to stop
him? AUSA: His conduct
was suggestive of criminal
activity. He went toward the
apartment the agents were
searching, then wandered
around the floor - it was the
38th floor. He became nervous
and entered the elevator. Rule
5.1(e) is dispositive here
Judge: I find there was
probably cause. You can
challenge it later. [Defendant
is looking at his CJA lawyer,
looking surprised] Judge: He
attempted to quickly get on
the elevator while speaking on
his cell phone. Are you
seeking bail? Defense: Yes AUSA:
There is a high rise. They had
security cameras; defendant
got a text telling him to take
down the cameras. He had a key
fob to the stash house.
He has a prior Federal
narcotics conviction, 70 month
sentence. Here is faces 10
years mandatory, 20 with
gun AUSA: He says he
works in a car wash, "here and
there." He said he uses
cocaine on a daily basis.
There are no co-signers here
today. Defense: Pre-Trial
recommends release. Consider
my suppression arguments. He
was seized. He would live in
The Bronx. AUSA: Pre-Trial
doesn't consider the
presumption nor the mandatory
minimum, nor the strength of
the evidence. This is not a
strong package. Judge: I think
you can be released
$50,000
bond. Two
co-signers are needed before
release. The case is USA v. Marcano, 1:26-mj-4590 (Lehrburger)
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