Batista funeral inoted states4/9/2023 The prosecution provided discovery to Batista's defense counsel concerning statements made by the CW, 1 This call was not recorded because of its short duration. In their affidavits, Detective Ferranti and Special Agent McNally attested that the vehicle was searched after the CW identified Batista. Law enforcement searched the Jeep, recovering 200 grams of fentanyl in a compartment under the driver's seat. the driver, later A short while later, Special Agent Cryan, driving the car the CW was in, pulled up within a few feet of Batista, and the CW said, "that's him," to which the agent replied, "Who?", and the CW responded, "that's Jonathan." Special Agent Cryan reported the identification by radio to all of the officers onsite. With their guns drawn, two officers ordered approached the Jeep and identified as Batista, out of the car. Law enforcement stopped the Jeep at the intersection of Pine Vale Road and Trapelo Road. Other officers observed the Jeep make a U-turn and speed off in the direction of Trapelo Road shortly thereafter. "Jonathan" then called the CW and they both confirmed they were at the meeting place.1 "Jonathan," apparently believing the CW was in the white van, called again and told the CW that the white van was being followed and hung up abruptly. At around 9:00 pm, the officers were driving the white van on Hardy Pond Road in the direction of - 3 - Trapelo Road, and a black Jeep Cherokee passed them going in the opposite direction. Other law enforcement officers drove the white van which was known to "Jonathan" as belonging to the CW's drug trafficking partner to the meeting place. Special Agent Cryan, Detective Ferranti, and the CW drove their car to a side street with a view of the meeting place and parked. When "Jonathan" picked up, he said he was on his way and would be there in 25 minutes. At 8:19 pm, Special Agent Cryan directed the CW to place a recorded call to his supplier to request an estimated time for the drug deal. enforcement vehicle with Special Agent residential The CW rode in a law Cryan and Detective Ferranti to a predetermined location away from the meeting place. The meeting place was a low-traffic neighborhood street near the CW's residence. The CW told Special Agent Cryan that his supplier would expect to see the white van owned by the CW's drug trafficking partner at the meeting location. He and the CW agreed to meet "there," which the CW took to mean their usual meeting place on Pine Vale Road in Waltham. The CW called "Jonathan" again at 6:41 pm, and "Jonathan" asked, "That guy, he's a good guy?" and the CW replied, "Yeah, he's a good guy and he wants more, so I told him, yeah." "Jonathan" agreed to sell the CW the requested fentanyl. In the first call, at 6:28 pm, the CW asked "Jonathan" to supply him 200 grams of fentanyl and "Jonathan" responded by asking where the fentanyl he had given the CW the day before was, to which the - 2 - CW replied that it was sold. That evening, the CW placed two recorded calls to his supplier at Special Agent Cryan's direction, and Special Agent Cryan monitored the CW's side of the conversation in real time. The CW referred to his supplier as "Jonathan" and had a telephone number to contact him. The target agreed to become a cooperating witness ("CW") and to identify his drug supplier. Prior to his arrest, the target had sold over 150 grams of fentanyl to undercover law enforcement. On February 28, 2019, law enforcement, including Special Agents James Cryan and Tyler McNally from the Drug Enforcement Administration ("DEA") and Detective Jason Ferranti of the Waltham Police Department, arrested a target in their fentanyl trafficking investigation. We find that the stop and search were lawful because law enforcement had probable cause to believe Batista was committing a crime when they stopped his vehicle and affirm. He contends that the district court erroneously denied his motion to suppress evidence seized during a stop and warrantless search of his vehicle. Sebastian Batista appeals from his conviction of possession with intent to distribute 40 grams or more of fentanyl. Rollins, United States Attorney, was on brief, for appellee. Kromm, Assistant United States Attorney, with whom Rachael S. Sheketoff, with whom Sheketoff & O'Brien was on brief, for appellant. APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS Before Barron, Chief Judge, Lynch and Thompson, Circuit Judges. SEBASTIAN BATISTA, a/k/a Jonathan, Defendant, Appellant. United States Court of Appeals For the First Circuit No.
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