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By
Gina Tabonares
Variety News Staff
A man who was
indicted for receiving a DHL package containing methamphetamine or ice
is now asking the court to suppress the physical evidence, citing an unwarranted
search.
Ryan Jason Wall, 32, was charged with conspiracy to distribute ice
and attempted possession of an illegal substance with an intent to distribute
through a grand jury indictment filed on Jan. 3, 2007.
A hearing on the motion to suppress physical evidence started yesterday
morning where Wall, through his lawyer Richard Arens, argued that the
search was illegal based on the lack of a probable cause supporting the
warrant.
According to the discovery provided by the government, Drug Enforcement
Administration Task Force Officer Marvin R. Desamito received an anonymous
telephone call regarding a DHL package containing crystal methamphetamine
which had been shipped to Guam.
The anonymous caller informed agents of the DHL tracking number, the date
and place from which the package was sent, and the alleged recipient.
The package allegedly arrived on Guam on the morning of Dec. 30, 2006.
On the same day, at approximately 4:52 p.m., a K-9 drug detector dog was
used to conduct a drug detection test on the package. The dog sniff was
negative for the presence of drugs. Agents later processed the package
through the airports X-ray machine.
According to the DEA agents, the package contained suspicious items commonly
used in the importation of drugs.
On Dec. 31, 2006, the government obtained and executed a search warrant
on the package. More than 100 grams of suspected methamphetamine were
found in the package. The parcel was then repackaged with a substitute
product and returned to the DHL office.
On Jan. 2, 2007, Wall was arrested when he picked up the package.
During yesterdays hearing, Arens asked the court to bar Drug Enforcement
Administration agent Mike Perkins from the courtroom during agent Marvin
Desamitos testimony but District Court of Guam Chief Judge Frances
Tydingco-Gatewood denied the oral motion.
The defense contended that the search warrant lacked the requisite probable
cause required by the Fourth Amendment, stressing that any evidence directly
obtained from an illegal seizure is inadmissible under the fruit
of the poisonous tree doctrine; therefore all evidence obtained
derived from the illegal search should be suppressed.
The court will continue the motion hearing on March 19 at 9:30 a.m.
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