Kelvin Cabrera Sanchez
SUPERIOR Court Associate Judge Joseph N. Camacho has granted Kelvin Cabrera Sanchez’s motion to suppress evidence obtained during a police pat-down.
In an 18-page order, Judge Camacho said warrantless searches did not comply with any exception, thus “the warrantless searches violated the United States Constitution and the Constitution of the Commonwealth of the Northern Mariana Islands.”
Assistant Public Defender Molly Dennert, who represents Sanchez, said, “The stop of his person was unlawful, unreasonable and unconstitutional.”
“The evidence seized because of this illegality, namely 9 mm ammunition and alleged methamphetamine, can be suppressed as evidence in all future proceedings,” Dennert stated in her motion to suppress evidence.
The Office of the Attorney General has charged Sanchez with unlawful possession of ammunition and illegal possession of a controlled substance.
According to the judge, police “officers lacked reasonable suspicion that Sanchez had engaged in any driving-related criminal activity because none of the [Department of Public Safety] officers witnessed Sanchez operating any vehicle. Sanchez was on foot when approached by the DPS officers.”
When the DPS officers approached Sanchez to question him, they did not have a “particularized and objective basis” for doing so as they had not observed Sanchez acting suspiciously, committing a crime or being at a scene where a crime occurred, Judge Camacho said.
“The responding officers suspected the white Toyota Corolla in the San Jose residential area was involved in an earlier incident. Sanchez was not observed driving the white Toyota Corolla by any of the DPS officers. Sanchez was not standing by the white Toyota Corolla either. The white Toyota Corolla was not registered in Kelvin Cabrera Sanchez’s name. In the place where Sanchez walked, there was no criminal activity happening and no DPS officer observed Sanchez committing any crime when they stopped him. DPS officers did not witness Sanchez either driving or exiting a vehicle,” the judge added.
“The DPS officers are unable to establish a link between Sanchez and the white Toyota Corolla, as the DPS officers did not witness Sanchez operating the vehicle and it is not registered in his name,” the judge said.
“Sanchez stood in the same vicinity of the white Toyota Corolla, but there were other cars parked on that road as testified to by the DPS officers. The Government has failed to demonstrate what crime was being investigated in the San Jose residential area. When DPS officers arrived at the San Jose residential area, Sanchez was in the area. Sanchez was never seen driving the white Toyota Corolla or any car in the As Terlaje area or the San Jose residential area,” the judge added.
The court finds that the responding DPS officers did not have reasonable suspicion to conduct an investigative stop on Sanchez.
According to the judge, the government has failed to prove by a preponderance of the evidence that the warrantless search did not violate the Fourth Amendment to the United States Constitution and Article I, Section 3 of the Constitution of the Commonwealth of the Northern Mariana Islands.
Other cases
Recently, Sanchez, who was under pretrial release condition for a separate criminal case, was arrested with Michael Olaitiman, who was wanted by the police for assaulting his partner and threatening to kill her and her children.
In that case, Sanchez was charged with contempt, in violation of his bail conditions. Sanchez was supposed to be under house arrest and must always be in the company of his third-party custodian.
In October 2023, Sanchez was arrested for DUI, illegal possession of drugs and firearm.
In November 2023, he was arrested again, this time on charges of unlawful transportation of firearms, person permitted to possess a firearm, removal of serial number from a firearm, no firearm permit, and illegal possession of narcotics.
In March 2024, the court found probable cause to charge Sanchez for assaulting his former girlfriend.
In that case, Sanchez was charged with assault and battery, strangulation, interfering with a domestic violence report, disturbing the peace, and domestic violence.
