Free Transcript - District Court of Delaware - Delaware

Case 1:08-cr-00030-JJF

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1 2 3 4 5 6 7 8 9 10 11 12 vs MARCUS DRYDEN

IN THE UNITED STATES DISTRICT COURT IN AND FOR THE DISTRICT OF DELAWARE - - UNITED STATES OF AMERICA, Plaintiff : : : : : : : : : CRIMINAL ACTION

Defendant

NO. 08-30-JJF

- - Wilmington, Delaware Tuesday, June 3, 2008 10:00 o'clock, a.m. Evidentiary Hearing - - -

13 BEFORE: 14 - - 15 APPEARANCES: 16 17 18 19 20 21 22 23 24 25 Leonard A. Dibbs Official Court Reporter LUIS A. ORTIZ, ESQ., Assistant Federal Public Defender Counsel for Defendant LESLEY F. WOLF ESQ., Assistant United States Attorney Counsel for Plaintiff HONORABLE JOSEPH J. FARNAN, JR., U.S.D.C.J.

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P R O C E E D I N G S (Court commenced at 10:03 o'clock a.m.) THE COURT: MS. WOLF: THE COURT: MR. ORTIZ: THE COURT: MS. WOLF: Ms. Wolf, good morning. Good morning, your Honor. Good morning, Mr. Ortiz. Good morning, your Honor. Are we ready to proceed? Yes, your Honor.

Lesley Wolf for the Government. Now is the time the Court has set for an evidentiary hearing in the case of inside vs Marcus Dryden Criminal Action No. 08-30. The defendant is present in the courtroom with his attorney, Mr. Ortiz. proceed. If may briefly approach sidebar, your Honor? THE COURT: Yes. The Government is prepared to

(The following took place at sidebar.) MS. WOLF: The Government learned last Friday

that there was an additional statement that the defendant made the following day. available. In light of that, the Government is calling the second witness. Part of that witnesses' testimony relates to We provided it as soon as it became

the cooperation -- prior cooperation of the defendant.

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We would make a joint request when this witness is testifying that the hearing be sealed. MR. ORTIZ: THE COURT: MR. ORTIZ: I'm not sure. MS. WOLF: entire proceeding. THE COURT: You can make the application in a We have no objection to sealing the That's correct. All right. I'm going to ask Conky about that.

timely manner for the testimony to be sealed. MR. ORTIZ: Thank you, your Honor.

(End of sidebar). MS. WOLF: Officer Brian Conky. MR. ORTIZ: MS. WOLF: THE COURT: We'll be moving for sequestration. That's correct, your Honor. The application is granted. Your Honor, the Government calls

Officer Brian Conky, having been called as a witness by the Government, was sworn and testified as follows: DIRECT EXAMINATION BY MS. WOLF: Q. A. Q. Good morning, Officer Conky. Good morning What is your current position?

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A. Q. A. Q.

Policeman. With what organization? Wilmington Police Department. How long have you been with the Wilmington Police

Department? A. Q. time? A. Q. Yes. As part of your duties as a police officer, do you Four years Have you been a patrol officer during that entire

receive training from the Wilmington Police Department? A. Q. A. Q. A. Q. A. Q. A. Q. Yes. Does that include attending the police academy? Yes. Do you receive training in conducting traffic stops? Yes. In conducting drug investigations? Yes. And conducting firearms' investigations as well? Yes. Officer Conky, are you currently assigned to a

particular area in Wilmington? A. Q. A. Yes. What area is that? The northside, north of the Brandywine, west of market

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street. Q. Does that include the area around the 2800 block of

Northwest Street? A. Q. Yes. Were you assigned to cover that same area at the end of

January of this past year, 2008? A. Q. A. Q. A. Q. A. Q. Yes. Do you work by yourself or with a partner? With a partner Who is that partner? Robert Reeves. Is Officer Reeves a Policeman? Yes. Calling your attention to January 3lst, 2008, are you

familiar with the defendant, Mr. Dryden? A. Q. A. Q. A. Q. A. Yes, Marcus Dryden. Do you see him in the courtroom here today? Yes. Could you identify time for the record, please? He's the subject in the orange jumpsuit. How are you familiar with Mr. Dryden? From hanging in the 300, 400 block of West 30th

Street. Q. Is that where he hangs, in the area that you normally

patrol?

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A. Q. A. Q. A. Q. A.

Yes. Did you see him prior to January 3lst of this year? Yes. Were you aware of who he was? Yes How were you aware of who he was? By stopping him in the area, finding out his name, if

he lived in the area. Q. Is the area that you patrol in considered a high crime

neighborhood? A. Q. A. Q. A. Q. Yes. Are there any particular crimes in the area? Drugs, high drug area. Any particular kind of drugs? Marijuana. Were you on patrol in that area of 30th and Jefferson

on the afternoon of January 31st, 2008? A. Q. A. Q. A. Q. A. Q. Yes. Did you have occasion to see Mr. Dryden on that day? Yes. Do you recall approximately when it was? Close to one. In the afternoon? Yes, in the afternoon Could you tell me what happened that day?

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A.

We -- my partner and I approached 30th and Jefferson

where we observed the defendant parked in a blue Pontiac, I think, Grand Prix at 30th and Jefferson facing northbound. Q. When you say he parked a blue Pontiac, was he driving

the car when you originally observed him? A. Q. Yes. What happened after he parked the car at 30th and

Jefferson? A. He got out of the vehicle and started walking east on He went around the corner and we followed him,

30th Street.

and he went into a store at 29th and Washington, into a corner store. Q. Based on your training and experience, did you notice

if the defendant was watching you or paying attention to your activities in any way? A. Looking through the rearview mirror, he looked back

maybe one or twice. Q. A. After he went into corner store, what did you do next? We went -- we checked him out on DELJIS to see if he Prior to that we knew he was wanted at one

was wanted. time. Q. A. Q. A.

My partner didn't know if he was picked up on a capias Did you do DELJIS right there and run him through? Yes. Did you do that or your partner? I did.

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Q. A.

What did your DELJIS tell you? It stated that the defendant's license was revoked. I

think he had two capiases. Q. You mentioned that the defendant had a capias

outstanding at that time, does that mean that you would be able to place the defendant under arrest? A. Q. Correct. Where were you all the while this was going on? Had

you parked your car at this point? A. After he went into the corner store, we parked at 29th

and Jefferson. Q. A. Q. A. Did the defendant come out of the store at some point? Yes. About how long was he inside the store? I don't know how long he was inside the store, but

probably like three or four minutes later we noticed him, observed him come back towards the vehicle, the blue Grand Prix. Q. A. What happened as he came towards the Grand Prix? He went towards the Grand Prix. He noticed our vehicle

parked at 29th and Jefferson.

He changed directions and went

and continued west on 30th and then he -- about two seconds later he started walking back east on 30th street. point, the defendant didn't get into his car. Q. He was walking, is that correct? At this

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A. Q.

Correct. Did you observe anything that happened in relation to

the car? A. Approximately, not even a minute later another subject

comes and gets into the vehicle and drives off. Q. At that point in time, did you know who the second

person was? A. Q. A. Q. No. That second person had keys to the car? Yes. Which direction did the person drive the car, if you

recall? A. He went north on Jefferson on 3lst and south on

Washington Street. Q. A. What did you do once he was on Washington Street? He pulled over in the 2900 block and went into a

residence. Q. A. What did you and Officer Reeves do at that point? We followed him. We went down to 27th and Washington

and put ourselves in a position to watch the vehicle. Q. A. Q. over? A. Not even a minute. At some point did the defendant return to the car? Yes. Approximately, how long after he was first pulled

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Q. A.

What happened when the defendant returned to the car? Prior to him responding to the car, the defendant met They both

the other subject in front of the residence.

walked across the street to the parked vehicle. Q. Approximately, how long was this other individual

inside the house? A. Q. Not even a minute. When the second individual came out of the house, did

he have anything in his hands? A. Q. A. Q. No. He wasn't carrying anything? No. Was the defendant carrying anything when he approached

the car? A. Q. A. No. What did the two men do as they walked to the car? They seemed like they were just having a conversation, The defendant, he got in

exchanging words with each other.

the passenger side and the other subject got in the driver's side. Q. When you say exchanging words, do you mean in a heated

fashion, just a conversation? A. Q. A. Just a conversation. After they got into the car, what happened next? They pulled off, made a left on 29th and headed east on

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29th.

We got in back of the car and conducted a motor

vehicle stop in the 2800 block of Northwest Street. Q. When you say you stopped the car, did you activate your

lights? A. Yes, I activated the lights and let them know that we

were wanting them to pull over. Q. A. Q. A. You were in a marked patrol car at this time? Yes. Why did you decide to stop the car on that day? Because we knew the defendant was wanted, and the fact

that we knew his license was suspended. Q. Was it your intention to arrest the defendant on a

warrant? A. Q. A. Yes. What happened when you pulled the car over? We pulled the car over. The driver opened the door. We thought he

We told him to close the door and get back in. was going to run. Q. A. Q. A. Q. A. Q.

The driver was the not the defendant at this point? Correct. Were you out of your car at this time? Yes. Was your partner out of the car at the time? Yes. Did you approach the defendant's car?

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A.

I approached the driver's side.

My partner approached

the passenger side Q. A. What did you do as you approached the vehicle? I approached the vehicle and asked the driver for his

license and registration and insurance card. Q. A. Did the driver provide you with this information? He provided me the registration and insurance, but he

didn't have a license Q. A. Did he give you some information instead of a license? I asked him to write down his name and date of birth on

a piece of paper, which he provided. Q. A. What did you do with that information? My partner ran it on DELJIS and pulled up a picture to

see if the name matched the subject? Q. A. Q. And did it? No. During the time that your partner was running it on

DELJIS, was that back in your patrol car? A. Q. A. Q. Yes. Where were you at this time? On the driver's side. What did you do after you determined that the picture

of the driver didn't match? A. We took the driver out of the vehicle and placed him

into custody.

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Q. A.

Did you do that personally or did your partner do that? I placed him into custody. My partner took him to the

vehicle. Q. A. Q. A. Q. A. Q. A. Q. A. Q. A. Q. A. Q. Did you remain by the vehicle at this entire time? Yes. Were you by the driver's side? Yes. Was the window rolled down at this point? Yes. Did you notice any odors coming from the car? Yes. What odor was that? A smell of unburnt marijuana. Does that smell differently than lit marijuana? Yes. That's based on your training and experience? Yes. Could you describe generally what the difference is

between the two smells? A. Just like unlit marijuana smells more like some kind of But a lit one seems like it's stronger. It's burnt.

aroma. Q.

You indicated that the smell was that of unburnt

marijuana, was it a strong odor, however? A. Q. Yes. As the driver was taken out of the car, where was the

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defendant at this time? A. Q. He was in the passenger seat. At some point did you ask the defendant to step out of

the car? A. Q. A. Q. Yes. Did he comply with that? Yes. Were you still on the driver's side when this

happened? A. Q. A. Yes. At first, how was the defendant taken out of the car? My partner, he came to the passenger side, opened the

door, the defendant stepped out, but, at the time, he seemed very nervous. I walked around to make sure that he didn't

try to run or fight, which he did not. Q. A. What happened after the defendant got out of the car? He was placed in handcuffs by my partner and placed

behind the vehicle on the sidewalk. Q. A. Q. A. Q. car? A. We had a subject in our vehicle at this time. He was behind his own vehicle? Yes. Did you do that or did officer Reeves do that? Officer Reeves. Why did you not place him in the back of your patrol

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Q. A. Q.

Who was that subject, the driver? The driver. As you took the defendant out of the car, did you hear

him say anything? Did you hear him say anything? A. I didn't hear him say anything. Prior to taking him

out, he asked me what was going on, the reason for the stop. Q. A. Q. A. Q. A. Q. Did you answer him at that point? Yes. What did you tell him? I said you're wanted. Did you place him under arrest because he was wanted? Yes. Did you personally administer Miranda warnings to the

defendant? A. Q. No. Did Officer Reeves administer the Miranda warnings to

the defendant? A. Q. A. Q. A. Yes. Did you hear Officer Reeves administer them? No. How do you know they were administered? Prior to me writing my report, I asked Officer Reeves He advised me that he did.

if he Mirandized the defendant. Q.

Did he tell you when he advised the defendant of his

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Miranda warnings? A. Q. A. Q. A. Q. A. When he placed the defendant on the sidewalk. As he sat him down on the curb? As he sat him down on the sidewalk. Did Officer Reeves remain with the defendant? Yes. What did you do at this point? At this point, I asked the defendant if there was The defendant

anything in the car, any drugs or anything. said there was a Blunt inside the vehicle Q. A. What's a Blunt? It's Blunt marijuana.

You know Blunt marijuana rolled

up into a cigar wrap. Q. A. Q. A. Q. A. Did you go to the car to look for the Blunt? Yes, I was at the vehicle. Did you find the Blunt? No. Did you find anything else in the car? While looking for the Blunt, I noticed a box of

ammunition under the passenger side seat. Q. What did you do when you discovered the box of

ammunition? A. I asked the defendant where's the gun that goes with

the ammunition. Q. Were you will standing right next to the defendant and

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was Officer Reeves still nearby? A. Q. A. Q. I was near the vehicle About how far a distance were you? A little closer than we are. Did the defendant respond when you asked him where the

gun was? A. Yes, he advised me that the gun was in the passenger

rear pocket. Q. Did you have to ask the question more than once or did

the defendant ask you initially -- answer you initially? A. Q. He answered me initially. When you asked the question, were you yelling at the

defendant? A. Q. A. Q. No. Were you threatening him in any way? No. Did you return to the car to look for a gun at that

point? A. Q. A. Q. A. Q. A. Yes. Did you find the gun? Yes. Was it where the defendant said the gun would be? Yes. Do you recall what kind of a gun it was? It was a .40 caliber

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Q. A.

What did you do after you found the gun? I made sure to clear the gun to make sure it was safe

and placed the gun inside my marked vehicle. Q. A. Q. A. Did you stop searching the car at that point in time? No. You resumed searching the vehicle? I resumed searching and noticed a clear package

containing marijuana on the driver's side rear pocket. Q. When you say rear pocket, do you mean attached to the

front -- attached to the back seat of the front seat of the car? A. Q. Yes. You said the gun was found on the passenger side rear

pocket? A. Q. Yes Driver's side rear pocket you found a bag of

marijuana? A. Q. A. Q. A. Q. A. Q. Yes. Was this package for sale or anything? No. Did you stop searching at this point in time? No. Did you still smell marijuana coming from the car? Yes. What did you do next while searching the back seat?

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A.

I noticed that the arm rest has a door where you can That compartment was unlocked.

see inside the trunk. Q. car? A. Q. A. Yes.

You can access the trunk through the back seat of the

That's something like a lock? Yes, but it was unlocked. I pulled it down and shown

my flashlight in the back.

I noticed bags in the trunk and

the strong odor of marijuana. Q. A. What did you do at this point? At this time, I took the keys out of the ignition and

went back to the trunk and noticed the marijuana inside the trunk. Q. like? A. It looked like a mini-store. It was packaged as far as Can you describe what the marijuana in the trunk looked

nickel bags, dime bags, ounces. different baggies for sale. Q. A. Q.

It was separated in

Were there many bags in the trunk of the car? Yes. In your training and experience have you stopped people

who were selling marijuana before? A. Q. Yes. In your training and experience, would this be

considered a sizeable amount of marijuana?

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A. Q.

Yes. What did you do after you found this marijuana in the

trunk of the car? A. I went back to my partner and an assistance unit I advised him, you're never going to They responded to the

arrived on the scene.

believe what's inside that trunk. trunk to see the drugs. Q. A. Q. A.

I stayed back with the defendant.

Did you speak with the defendant at this time? Yes. What did you say to him? What was the exchange?

I said to him, does that stuff belong to you and he

said yes. Q. A. Did he say anything else to you at that point? He said he's not going to answer anymore questions. He

wanted his lawyer present at the time. Q. A. Q. A. Q. A. Q. A. Q. Did you stop questioning him at that time? Yes. What did you then do with the defendant? He was placed in it an assistance unit vehicle. Was he taken back to the police station? Yes. You didn't drive that vehicle, somebody else did? Yes. In your experience as a police officer, you arrest

people who are under the influence of alcohol or other drugs,

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correct? A. Q. Yes, correct. Did the defendant seem to be under the influence of

drugs or alcohol at the time he was arrested? A. Q. No. Did he mention the car smelled like marijuana? Did he

personally smell like marijuana? A. Q. A. Q. No. Did he smell like alcohol? No. Did he appear in any way to you to be under the Were his eyes red? Were there any other outward

influence?

signs of intoxication or being stoned? A. Q. No. You asked him several questions. Did the defendant

respond appropriately to those questions? A. Q. well? Would you consider the question he asked appropriate to the situation? A. Q. It's just normal. When you asked him questions, was he responding in a Yes. You also testified that he asked you a question as

timely fashion? A. Yes.

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Q.

As the defendant was moved from the car to the sidewalk

and back into patrol car, was he able to move without difficulty? A. Q. own? A. Q. Yes. Did you understand -- did it seem that the defendant As far as what? Coordination. Was he able to stand and walk on his

was able to understand what was going on around him? A. Q. A. Q. Yes. Officer Conky, did you ever find a Blunt in the car? No. Did you write a report in connection with these

events? A. Q. A. Q. Yes. When did you write that report? Right after this incident. As between you and your partner, do you both write

reports about incidents? A. Q. A. Q. Yes. Do you write reports about the same incident? As far as what? Did officer Reeves write a report about this incident

as far as you know? A. No.

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Q.

How did you decide that you were going to write the

reported relating to this incident? A. Q. A. Q. We take turns. It was your turn? Yes. When you were writing your report, did you ask your

partner any questions? A. Yes, I asked him if he Mirandized the defendant and

what time. Q. A. What did he tell you about that? He said that he Mirandized after he placed him in

handcuffs and before he sat him down on the sidewalk. MS. WOLF: THE COURT: BY: MS. WOLF: Q. Calling your attention to -- do you recognize this Your Honor, may I approach? Yes.

document, first of all? A. Q. Yes. Is that the report that you issued in connection with

this case? A. Q. Yes. Calling your attention to the page that bears the

number four, which I think is the last page of which has been previously identified as Government Exhibit 2. In the first full paragraph, does it state a

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specific time in terms of the clock at which his Miranda rights were read? A. Q. A. Q. A. Q. Yes. What is that time? It says 13:50 hours. Is that an exact time or an estimate? An estimated time. When you asked Officer Reeves about when he read

Miranda, he placed it in a sequence of events of that day, correct? A. Q. Yes. Now, your report in that same paragraph also says,

prior to responding to central, Officer Conky asked if the gun and drugs belonged to him. He said, yes, but is not

going to answer anymore questions without his lawyer present? A. Q. Yes. Does that statement refer to the previous statement you

already discussed here today? A. Q. Yes. The defendant didn't make any other additional

statements? A. Correct. MS. WOLF: THE COURT: I have nothing further at this time. All right. Mr. Ortiz.

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MR. ORTIZ:

Thank you, your Honor.

CROSS-EXAMINATION BY MR. ORTIZ: Q. A. Q. Good morning, Officer Conky. Good morning. You indicated that you were -- why don't you tell me

what location you were at when you first saw Mr. Dryden? A. Q. A. Q. A. Q. A. Q. A. Q. Approaching 30th and Jefferson. Were you specifically looking for Mr. Dryden? No. Were you on routine patrol? Yes. What time was that? Just in the afternoon. Do you remember when? I don't know the exact time. How long would you estimate from when you first started

observing Mr. Dryden until you pulled the vehicle over? A. Q. It could have been 10, 15 minutes. When you saw Mr. Dryden, you then decided to stop your

routine patrol, I take it to see what Mr. Dryden was up to, is that what you're saying? A. No, we checked to see if he was wanted. I'm familiar

with Mr. Dryden. Q. Your familiar with Mr. Dryden, correct?

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A. Q.

Correct. You know him as you indicated from having stopped him

before, correct? A. Q. A. Q. Yes. You know his name, obviously? Yes. When you saw him, your attention was drawn to him and

you stopped to run his name, is that correct, in DELJIS? A. Q. Yes. At that point you didn't continue to patrol, you were

focused at that point on Mr. Dryden, correct? A. Q. A. Q. A. Q. Yes. You indicated that he went into a store, correct? Correct. Then started to walk back toward his vehicle, correct? Moments later. At that point you had run his name through DELJIS,

correct? A. Q. A. Q. A. Yes. He had -- you indicated two capiases? I believe two. What were they for? Some were driving while suspended, I think. I know

driving while suspended. about.

I don't remember what they were

One of them was driving while suspended, revoked

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license. Q. A. Q. Your intent at that point was to arrest him? Yes. When he left the store, did you and your partner --

when he started to walk away from you, you believe he saw you, is that correct? A. Q. A. Q. Yes. He started to walk away, correct? He started walking east on 30th. You're in a marked car and in uniform and you're with

your partner? A. Q. A. Q. Yes. Mr. Dryden, was he with anyone else? No. At that point, you did the get out of your vehicle and

attempt to approach Mr. Dryden at that time? A. Q. Not at that time. Then at some point you indicated shortly thereafter

another individual goes to Mr. Dryden's vehicle, is that correct? A. Q. Five, ten minutes later, yes. At that point, you still had not continued to go on

routine patrol, correct? A. Q. Yes. You were still sitting there?

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A. Q. A. Q.

At 29th and Jefferson. You were still observing that vehicle, why? Yes. Your testimony is that you're there to observe the

vehicle and the activities of Mr. Dryden, specifically to observe Mr. Dryden? A. That's just my area. I was doing my regular routine

patrol. Q. But you were there for five more minutes watching the

vehicle, correct? A. Q. At 29th and Jefferson. Mr. Dryden is not in the vehicle nor was anyone else,

correct? A. Q. Correct. You didn't get out to follow Mr. Dryden and arrest him

for the warrants, correct? A. We followed Mr. Dryden and noticed him go near the car

at 29th and Washington. Q. After that he started walking towards the vehicle and

then started walking away? A. After we went to 29th and Jefferson, when he went

inside the store, we went to 29th and Jefferson and parked and waited for Mr. Dryden to come back, to see if he were to come back. Q. You had his vehicle within view, correct?

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A. Q. A. Q. A. Q. A. Q.

Yes. He did not get back inside his vehicle, correct? He attempted to go back. And walked away? And walked away. Didn't run, walked away, correct? Correct. That's the point I'm talking about. Did you get out and attempt to arrest him? He noticed the vehicle.

A. Q.

Not at that time. You then remained at that location and were still

watching the vehicle, correct? A. Seconds later the second subject comes and jumps into Another individual comes back.

the vehicle. Q.

I believe you said a minute ago that another individual

comes back to the vehicle, correct? A. Q. A. Q. else? A. Q. No. Now, while on this routine patrol, the vehicle then Yes. You did not know that individual? No. You did not know him to have capiases or anything

leaves, correct? A. With the second individual, yes.

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Q. A. Q.

At this point, you follow the vehicle, correct? Yes. How far did the vehicle go from your initial location

at 29th and Jefferson? A. Q. A. Q. A. Q. A. Q. Around the block. You followed the vehicle, correct? Yes. You stationed yourself where? I believe at 27th and Washington. How far from the vehicle were you at that point? A block and a half. Then you saw Mr. Dryden exit and the two individuals

get in the vehicle, correct? A. No, I saw Mr. Dryden meet the subject in front of a

residence in the 2900 block of Washington. Q. A. What residence was that, do you recall? I later found out the subject -- it was the subject's

grandmother's house. Q. They meet, and I believe you stated they spoke briefly,

correct? A. They met in front of the house. They started walking

towards the car. Q. Started walking towards the car and get in the car,

correct? A. Correct.

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Q.

At that point, did you not get out and approach Mr.

Dryden, correct? A. Q. A. Q. No, we waited for the vehicle to move. You waited for the vehicle to move, correct? Yes. You did not get out of your vehicle while the

individuals were speaking or meeting to arrest Mr. Dryden, correct? A. A. No. They were walking and talking at the same time crossing It's not like they were there for -- they were

the street.

there for seconds. Q. I understand that. But your partner had not exited the

vehicle at that point and attempt to approach the vehicle, correct? A. Q. A. Q. A. Q. A. Q. No, we were a block and a half away. The vehicle then proceeds to leave the location? Yes, correct. You then again follow this vehicle, correct? Yes. How far from that location -No. How far from that location was it until you pulled the

vehicle over? A. Not even a block.

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Q. over? A. Q.

It was a short distance and you pulled the vehicle

Yes. And you used your dome lights and the vehicle

complied? A. Q. Correct. Now, you indicated that you and your partner approached

the vehicle at that point or was it your partner who spoke to the driver? A. I approached the driver's side. My partner approached

the passenger side. Q. A. Q. A. Q. You asked for driver's license and registration? Registration and license. And Insurance? Yes. The driver was able to provide two of those three,

correct? A. Q. A. Q. A. Yes. That was the license and registration? License and registration. Whose name was the registration in? He provided the insurance for the car and the

registration. Q. A. What names were those insurance and registrations in? Adrian Moses.

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Q. A. Q.

Both were in that name? I believe so. Did you have any contact with those individuals

regarding the ownership of that vehicle? A. Q. No. Did you turn over the license and registration to

anybody in this case, I mean the insurance and registration in this case? A. Q. A. Q. A. Q. Did I turn it over to anyone? For purposes of investigation in this case? No, we kept it in our possession. Do you still have it in your possession? No. At some point you indicated that you -- your partner

Reeves ran the driver's name and date of birth that he gave, is that correct? A. Q. Correct. To your knowledge, you indicated that it did not match

his photo. A. Yes. Clarify for me, name and birth date given? A. Q. Yes. There was an actual individual with that name and birth did any photo come up with the

date, correct?

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A. Q.

Yes. Officer Reeves told you that he did not match the

driver? A. Q. Correct. At that point, I believe the driver was taken out of

the car, correct? A. Q. A. Q. A. Q. A. Q. A. Q. A. Yes. He was placed in handcuffs? Correct. Who took Mr. Dryden out of the vehicle? My partner. He was the initial one to take him out of the vehicle? Yes. He was the one who handcuffed him, correct? Yes. He handcuffed him immediately? Yes, after he came back I advised him that he was

wanted. Q. You were able to see him? You were able to see Mr.

Dryden as he was getting handcuffed, correct? A. Q. Yes. You were able to advise him? You said he had some

words with you.

You advised him that he was being arrested

for the warrants, correct? A. Yes, correct.

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Q. A. Q.

At that point did you remain with the vehicle? Yes. What happened to Mr. Dryden after that conversation you

had with him? A. That was prior to him being taken out of the vehicle, I advised him that he was wanted

he said what's going on?

and that he would be placed under arrest. Q. At that point, had you placed him for safety reasons --

had you placed the driver in the vehicle already? A. Q. Yes. It was you and Officer Reeves and Mr. Dryden who was

still seated in the passenger side of the vehicle, correct? A. Q. Yes. You said that Officer Reeves physically took him out of

the vehicle? A. Yes, he opened the door and Mr. Dryden stepped out of

the vehicle. Q. You mentioned the word nervous, is that correct, that

he appeared nervous? A. Q. A. Q. Correct. He did not run, correct? He didn't run. It seemed like he wanted to. Was he giving -- what was he

What do you mean by that?

doing? A. He was just looking around. That looked like -- from

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my experience when someone looks, it seems like they are looking to run or fight. back and forth Q. What you physically saw him do, he looked around, He kept looking down the street,

correct? A. Q. Yes. He never actually touched anyone or actually made an

attempt to run? A. Q. No. He immediately -- Officer Reeves put handcuffs on Mr.

Dryden? A. Q. A. Q. A. Q. Yes. Where was he placed in relation to the vehicle? In the rear of his vehicle on the sidewalk. Where were you at this time? By the passenger side door. At that time, you had not heard any Miranda warnings

administered, correct? A. Q. No, I did not. The only time that you were aware of any Miranda

warnings being administered is when you testified today after you got back to the station? A. Q. A. Yes, after I asked Officer Reeves. That was the same day of the arrest? Correct.

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Q.

Now, you reviewed the report as you just did, I

believe, Government Exhibit 2, correct? A. Q. A. Q. A. Q. A. Q. A. Q. Yes. You still have it in front of you, correct? Yes. You prepared that report, correct? Yes. Officer Reeves did not prepare that report? Correct. Did you give him a chance to review the report? No. He had not reviewed the report after you prepared it,

correct? A. Q. Correct, not at that time. You would agree with me in that report, which I'm sure

you reviewed, the paragraph that the prosecutor pointed out does not mention that Officer Reeves gave Miranda warnings to Mr. Dryden, correct? A. Q. A. Q. Where? In that paragraph? It says -Sorry. It does indicate that officer Reeves gave him Miranda warnings, correct? A. Yes.

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Q.

I apologize. But would you agree with me that it does not

state in that report when he read him his Miranda warnings, correct? A. Q. It just says a time. Right. And we went over that, it says 13:50 hours, correct? A. Q. Yes. Right after that it indicates that you had given him

Miranda warnings, correct? A. Q. Correct. Let's go back to the vehicle. After Mr. Dryden is on the sidewalk in handcuffs, you went back to the vehicle, correct? A. Q. I was still at the vehicle. You did not have a warrant to search the vehicle at

that time, correct? A. Q. No, just the smell of marijuana. Then you went inside the front of the vehicle and, I

believe, you recovered some Remington cartridges, correct? A. No, I asked Mr. Dryden if there was any drugs or

anything in the vehicle and he said a Blunt. Q. A. After that you went to the vehicle, correct? I never left the vehicle.

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Q.

At that point, you hadn't Mirandized Mr. Dryden

yourself, correct? A. Q. No, I didn't. You asked him that question and you got that response

about the Blunt, correct? A. Q. A. Q. A. Q. Correct. Then you did go inside the vehicle, correct? Yes. What did you find initially, cartridges, correct? I found a box of ammunition. A box of ammunition. At that point, you then asked Mr. Dryden where the weapon is relative to those cartridges, correct? A. Q. A. Q. A. Q. A. Q. Yes. At that time, you had not Mirandized him, correct? I had not. I believe he tells you where the firearm is, correct? Yes. You recover a firearm, correct? Yes. Did you then ask him if there was anything else in the

vehicle? A. Q. At this time, no, I didn't. Did you have any other conversation with him after the

conversation about the firearm?

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A. Q. A.

Yes. What was that? After we found the gun and the marijuana, I asked Mr.

Dryden if the stuff belonged to him. Q. that? A. Q. A. Q. A. We were still at the scene. At that time, had you Mirandized him? I didn't. What was his response? He stated that it belonged to him, but he's not going At that point, your were already leaving -- when was

to answer anymore questions without his lawyer present. Q. At that point, he asked for a lawyer and you asked him

no further questions, correct? A. Q. Correct. You brought the individuals back to the Wilmington

Police Department, correct? A. I brought back Mr. Blackwell and the assistance officer

brought back Mr. Dryden Q. Another officer brought him back to the station,

correct? A. Q. Correct. You're not aware of any statements being made to that

officer, correct? A. No.

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Q.

At the station did you have an opportunity to speak to

Mr. Dryden again? A. Q. Yes. Did you run a background check before you arrested Mr. Did you know what his criminal history was?

Dryden? A. Q. A.

I can't recall Had you checked? We ran him. I knew a little bit about his history.

As far as going back, I looked after. Q. Do you recall him having a prior conviction, for

example? A. I don't know if he had any prior felony convictions. I

don't recall looking for that. Q. A. Q. You just recall finding the warrants? Yes. Back at the station you did have a chance to speak with

Mr. Dryden again? A. Q. Yes. Did you have a conversation -MR. ORTIZ: I would, at this time, unfortunately,

move to seal as we discussed. MS. WOLF: THE COURT: sealed. BY MR. ORTIZ: The Government has no objection. This portion of the transcript is