“Ice” in drug raps illegally seized by CNMI police, says Munson

U.S. District Judge Alex R. Munson released yesterday its written decision granting a businessman from Guam the right to suppress evidence in connection with the drug charges filed against him by federal prosecutors.

Joseph Barto won his first battle against the CNMI and U.S. governments in the case that was apparently botched by local police when he was arrested in the morning of April 28 near Annie’s Cafe in Susupe.

According to Judge Munson, no police officer, except for one, had “reasonable or articulable” suspicion that a criminal activity had occurred or was about to occur during the arrest conducted by a dozen CNMI/DEA police officers.

Even the suspect’s behavior at that time also does not provide a reasonable suspicion, he said in his ruling. “Generalizations and inarticulable hunches are not sufficient to justify an investigatory detention,” added Judge Munson.

The arrest violated Mr. Barto’s civil rights under the fourth amendment of the U.S. Constitution and as such the defense motion to suppress the chief evidence in the case — which was about 70 grams of crystal methamphetamine or “ice” — must be granted, he said.

“[S]uppression of the illegally obtained evidence was required based on the evidence,” he explained. “[T]he actions of the other officers who arrived on the scene provided independent grounds for suppression.”

Mr. Barto, who is being represented by lawyer Charles Rotbart, was indicted on three counts of possession with intent to distribute “ice” and distribution of the controlled substance based on the April 28 incident as well as one in January of this year.

The case was previously sealed until hearings on the motion began last week.

There is no immediate reaction from the prosecution, although Assistant District Attorney David T. Wood last week said they would be left with two options — either to seek reconsideration or appeal the decision in the Ninth District Court in California.

He said they would decide on what course to take once the court issues the written decision. If the decision is accepted by the prosecution without taking any steps, the charge involving the 70 grams of “ice” will have to be dismissed, added Mr. Wood.

Mr. Barto is currently being held by the U.S. Marshal’s office. (BS)