U.S. v. TOWNE Leagle.com
U.S. v. TOWNE
UNITED STATES OF AMERICA
v.
SCOTT TOWNE.
Criminal No. 07-10240-RGS.
United States District Court, D. Massachusetts.
April 15, 2010.
MEMORANDUM AND ORDER ON DEFENDANT'S MOTION TO SUPPRESS EVIDENCE AND MOTION TO DISMISSRICHARD G. STEARNS, District Judge.
In these two motions, defendant Scott Towne seeks to suppress evidence seized from his home at 42 Belmont Street in East Bridgewater, Massachusetts. The search was conducted pursuant to a warrant issued by a Magistrate of the Brockton District Court. Towne contests the affiant's showing of probable cause, and contends that, in any event, the searching officers exceeded their authority under the warrant. Towne also seeks a dismissal of the underlying indictment on grounds of outrageous government misconduct. On January 15, 2010, the court heard evidence on the motion to suppress. Counsel also presented argument on the motion to dismiss.
BACKGROUNDTowne and fourteen members of the Taunton chapter of the Outlaws Motorcycle Club (Outlaws) were indicted for conspiring to distribute cocaine and marihuana. The indictment was the culmination of a two-year joint federal and state investigation. As items were located by search team members, they were brought to Higginbotham who made the decision whether or not to seize them. The team first found gang-related clothing and insignias in the master bedroom. In a bedroom entertainment center, the team found a prescription pill bottle. In a dresser next to the bed, they found ten rounds of .38 caliber ammunition. Ten minutes later, $39,000 wrapped in $1,000 bundles was discovered in a canvas bag hidden behind the dresser. Almost simultaneously, in the kitchen, officers (including Higginbotham) came across evidence of drug use (a scale, a spoon with residue, and plastic sandwich bags, among other items). In Mager's bedroom, the officers found a portable cash drawer containing $4,400. An unlocked safe located near the first floor entryway was found to contain syringes and prescription steroid drugs. Officers discovered another bag on top of the refrigerator in the kitchen containing $2,000 and steroid drugs. Next, four plastic garbage bags containing marihuana were found in the attic of the detached garage. In the garage, the officers also found the Fat Boy and two sets of motorcycle fuel tanks and fenders. At various points during the search, papers showing Towne's ownership of the home and the Vulcan motorcycle were seized. The search ended at 9:45 a.m.
