United States v. Abdon Delgadillo-Velasquez

BACKGROUND

Appellant was indicted for possession with intent to distribute marijuana and cocaine in violation of 21 U.S.C. § 841 (a)(1). Appellant filed a motion to suppress evidence and statements. The district court denied the motion. We reverse.

1. Pre-Arrest Information.

Inspector Richardson of the United States Marshal Service received a tip from Customs Agent Brown. Brown related to Richardson that a “reliable, confidential informant” told Brown that Ricardo Alvarado-Coronado (“Alvarado”), a known fugitive wanted for drug smuggling, lived at 1330 Wilmington Blvd., apartment number 3, in Wilmington, California. The customs agent indicated that the fugitive was using the name Abdon Delgadillo and that Alvarado had recently told the informant that he possessed three kilograms of cocaine for sale. The marshals obtained a printout on Alvarado, which contained a physical description and confirmed that he had used numerous aliases, including Delgadillo. They also obtained a 20 year-old photograph of the fugitive.

The next day, the agents conducted surveillance of the apartment building and photographed a Latin male at the building. A comparison of this photo with Alvarado’s…