United States District Court, D. Maine
ORDER ON MOTION TO SUPPRESS
Z. Singal, United States District Judge.
the Court is Defendants' Motion to Suppress & Request
for a Franks Evidentiary Hearing (ECF No. 57).
Additionally, Defendants filed a Motion to Seal (ECF No. 58),
which seeks the permanent sealing of six exhibits that
Defendants submit in connection with their Motion to
Suppress. As explained below, the Court GRANTS the Motion to
Seal and DENIES the Motion to Suppress and the Request for a
MOTION TO SEAL
for Defendant Alexandre filed a motion to seal the exhibits
supporting the pending Motion to Suppress, indicating a
request from the Government that only the facts laid out in
Defendant's Motion papers be publicly disclosed at this
time. The Court hereby GRANTS WITHOUT OBJECTION the Motion to
SEAL but orders that the Motion to Seal (ECF No. 58) itself
exhibits provided to the Court as sealed attachments consist
of: (1) the twelve-page search warrant application (Def. Ex.
A); (2) a one-page report from Trooper Adam Schmidt regarding
a January 9, 2018 debriefing of a confidential source (Def.
Ex. B), (3) a two-page memorandum of interview detailing an
interview conducted by U.S. Postal Inspector T.I. DuMond on
February 21, 2018 (Def. Ex. C), (4) a one-page police report
from Trooper Schmidt regarding a February 13, 2018 traffic
stop (Def. Ex. D), (5) three-pages of notes from a February
14, 2018 debriefing of an informant (Def. Ex. E), and (6) a
one-page report by Trooper William Pusey involving a January
7, 2018 well-being check that Pusey and Schmidt conducted at
38 Beech Street, Lyman, Maine (Def. Ex. F).
reviewed all of these exhibits as well as the related briefs,
the Court concludes that it is possible for counsel to
produce redacted versions of these six exhibits and thereby
allow for some public review of the evidence the Court has
relied on in deciding Defendants' Motion to Suppress.
Therefore, counsel shall file proposed redacted versions of
Defendants' Exhibits A-F exhibits to the Clerk's
Office in paper no later than April 26, 2019.
MOTION TO SUPPRESS
David Alexandre and Kevin Wallace are currently named in a
six-count Indictment (ECF No. 26). The Indictment alleges
that on or about February 28, 2018, Alexandre and Wallace
each possessed methamphetamine with intent to distribute
(Counts I & II), possessed a firearm in furtherance of
drug trafficking (Count III & IV), and possessed a
firearm while being an unlawful drug user (Counts V &
February 28, 2018, Maine State Police Trooper David Coflesky
applied for a search warrant to search 38 Beech Street,
Lyman, Maine (“the Target Residence”), as well as
three specific vehicles located at the Target Residence.
Trooper Coflesky supported his request for a search warrant
with an affidavit containing sixty-eight numbered paragraphs.
(See Def. Ex. A.) The affidavit recited law
enforcement activity involving the Target Residence, which is
located in the Oakwood Mobile Home Community, between
December 2017 and February 23, 2018.
result of all of those activities, Trooper Coflesky indicated
his belief that the occupants of the Target Residence were
engaged in drug trafficking, particularly the distribution of
District Court Judge issued the warrant. Upon searching the
Target Residence, the police discovered methamphetamine and
firearms, which form the basis of the pending Indictment.
contend that the Court should grant a Franks hearing
and ultimately suppress the seized methamphetamine and
firearms because: (1) Coflesky's affidavit contained
false information in paragraphs 15, 16, 34, 36 & 37; and
(2) without that information, ...