On Wednesday, June 1, 2016, I was assigned to the Somerville Police Drug Control Unit as Delta-18. At approximately 6:00 P.M. I was in the area of Temple Street and Memorial Road conducting routine surveillance of the area. I would like to note that this area has been a narcotic hot spot, as I personally have made numerous arrests for drug related offenses in this area. Within a few minutes of conducting surveillance in this area, I observed a brown Ford Escort driving on Memorial Road towards Temple Street. I randomly queried this registration and found the vehicle was active to XXXXX. I know XXXXX from previous narcotic related arrests at the Somerville Police Department. As XXXXX drove past my unmarked police vehicle, I could see he was the operator and was using his cellular phone. XXXXX came to a stop at the corner of Memorial Road and Temple Street and stopped using the phone. XXXXX then took a left turn onto Temple Street and parked directly in front of AA Temple Street.
At this time I notified other narcotic detectives that I knew XXXXX to be a user of narcotics and that he had just parked in front of AA Temple Street. I would like to note, recently, the Somerville Police Drug Control Unit has conducted surveillance at this residence due to the high amount of pedestrian traffic in and out of the home. Also, there was a complaint about possible drug dealing being conducted out of this home as well. During previous days of surveillance, one individual that was seen at this residence was Mr. Franklin Argueta. Mr. Argueta is well known to members of the Somerville Police Department and has a recent arrest for drug distribution offenses.
As the brown Ford was parked in front of AA Temple Street, I parked directly behind it and could see XXXXX using his cell phone once again. XXXXX appeared to be looking around while he turned his head in numerous directions as if he was looking for someone. XXXXX was on the phone for approximately ten seconds and waived at an individual exiting AA Temple Street. As XXXXX waived down the male exiting this door, I could see that the male was Mr. Argueta. Mr. Argueta was wearing gray shorts only. He was not wearing a shirt nor socks or footwear. Mr. Argueta approached the brown Ford with XXXXX seated inside. I could see Mr. Argueta reach down by the right side of his shorts and pull out a clear glassine baggie which appeared to be filled with a green, leafy substance I believed, in my training and experience, to be Marijuana. As Mr. Argueta was standing outside of the passenger side of the brown Ford, I could see him reaching in with the baggie of Marijuana and giving it to XXXXX. Mr. Argueta was given a sum of money as I could see him walking away from the brown Ford with money in his right hand. Mr. Argueta re-entered the residence of AA Temple Street from the same left side door he had exited out of only a minute prior. XXXXX began driving down Temple Street towards Mystic Avenue. Through my training and experience, I believed XXXXX and Mr. Argueta were just involved in a street level drug transaction.
As I was now following the brown Ford and XXXXX down Temple Street, I radioed to Somerville Police Dispatch that I was looking for a marked unit to stop the brown Ford for a threshold inquiry. As I did this, I notified Detective Collette to stay parked outside the residence of AA Temple Street to ensure Mr. Argueta did not leave the residence. The brown Ford continued down Temple Street making a right turn onto Mystic Avenue where it was subsequently stopped by Detective Brioso at the intersection of Mystic Avenue and Fellsway West. At this time, marked unit East-1, Officer VanNostrand, and East-4, Officer Kim also responded. As I approached XXXXX, I asked him if he knew why he was being pulled over. XXXXX replied, “I think so.” I could see a clear glassine baggie filled with a green, leafy substance, I believed to be Marijuana on the passenger side seat. XXXXX reached over and stated, “I was going to give you the weed anyway.” XXXXX then handed me the baggie of Marijuana. XXXXX then yelled, “It’s only a half ounce so you can’t arrest me.” I then explained to XXXXX that simple possession of Marijuana was not a criminal offense however, Conspiracy to Violate the Drug Laws was a criminal offense. XXXXX became nervous at this time. I asked XXXXX to step out of the vehicle at this time so that I could speak with him. XXXXX was read his rights pursuant to Miranda from a card I keep in my wallet. XXXXX stated he understood his rights at this time. I asked XXXXX where he had just come from. XXXXX stated, “From my friends house around the corner.” I then asked what his friends name was to which he replied, “I don’t know his name but I call him F.” XXXXX stated that he had just purchased the Marijuana from “F” on Temple Street and that he paid one hundred dollars for half an ounce.
Detective Costa and Officer VanNostrand waited with XXXXX as Officer Kim, Detectives Legros, Brioso, and I responded to AA Temple Street to meet Detective Collette and place Mr. Argueta under arrest for distribution of Marijuana. As Detectives and Officer Kim approached the open door to AA Temple Street, I knocked on the door and heard a female ask who was at the door. I immediately stated, “It’s the Somerville Police.” A female, later identified as YYYYY, walked towards the front door. After YYYYY was walking towards the front door, several other individuals followed her outside. One female following YYYYY outside was her daughter ZZZZZ. I had asked everyone to exit the home as I had planned on applying for a search warrant. I asked YYYYY who was still inside the apartment to which she replied, “Nobody.” I then asked her where Mr. Argueta was as I had knowledge of him never leaving the residence. ZZZZZ said, “He is in the bedroom. Do you want me to get him?” I asked YYYYY and ZZZZZ for me to enter the house with them to which they agreed. ZZZZZ brought Detective Collette and I into the first floor apartment and opened a bedroom door to the left of the hallway just prior to entering the living room area. As ZZZZZ opened the bedroom door, she stated, “Franklin, the cops are here for you.” As I looked into the bedroom, I found Mr. Argueta lying in the bed. I immediately placed Mr. Argueta under arrest. Inside of the bedroom I saw numerous containers of Marijuana, in plain view, on the bed and television stand. Mr. Argueta was escorted outside as the mobile detention unit was summonsed.
While awaiting the mobile detention unit, I asked YYYYY and ZZZZZ to enter the now empty residence of AA Temple Street along with Detective Collette. I asked YYYYY who the owner of the apartment was. YYYYY stated that she is the sole renter/owner of the apartment and that ZZZZZ is the only other individual occupying the apartment, however, sometimes people come and go in the apartment. YYYYY stated that ZZZZZ has her friend over sometimes. I asked YYYYY who she was talking about to which ZZZZZ stated she was speaking of Mr. Argueta. ZZZZZ stated that Mr. Argueta and she were “sort of dating.” I then explained to YYYYY and ZZZZZ that I believed Mr. Argueta was selling drugs out of their residence. YYYYY was shocked as ZZZZZ did not say anything. I then advised YYYYY that I would be applying for a search warrant for the home. I advised her that I may not be authorized the search warrant but that I would be applying for one. YYYYY then stated, “You can search the house.” During this time, I advised Detective Costa and Officer VanNostrand that they could send XXXXX on his way but to advise him I would be filing a criminal complaint against him for his actions. Detective Costa and Officer VanNostrand responded to AA Temple Street after advising XXXXX.
I showed YYYYY and ZZZZZ a copy of the Somerville Police Consent to Search form. I read this for in its entirety to both YYYYY and ZZZZZ in the presence of Detective Collette. I explained to YYYYY and ZZZZZ that they did not have to sign it to which YYYYY stated she had no problem signing consent to search. YYYYY signed the consent to search form as Detective Collette and I signed the witness line. While Officers VanNostrand, Kim, and Detective Collette waited outside with the other individuals, Detectives Costa, Legros, Brioso, and I started to search the bedroom where Mr. Argueta was staying. I would like to note that this search was done in the presence of YYYYY. Before searching, I asked ZZZZZ what, if any, of the items in the bedroom belonged to her. ZZZZZ pointed out approximately eight brown boxes that contained clothing and personal items. I asked ZZZZZ if Mr. Argueta had an area of the room in which he stored his belongings. ZZZZZ stated that Mr. Argueta has stuff all over the room but that the eight brown boxes belonged to her and anything in the television stand drawers also belonged to her. ZZZZZ then stated that Mr. Argueta uses the right side of the bed which was near a small night stand dresser.
During the search, numerous glassine baggies filled with Marijuana were found in the small night stand dresser on the right side of the bed. On top of this same night stand dresser, a JDS-100B digital scale was found. Also found in the bedroom were two black backpacks. The smaller of these black backpacks was found to the right of the night stand dresser and contained a clear glassine baggie. Inside this clear glassine baggie were twelve stacks of US currency. In the larger black, Jansport backpack, a large amount of Marijuana was found to be inside. Also found inside of a pair of Men’s Jordan sneakers was a yellow envelope. Inside of this yellow envelope contained $4,220.00 in US currency. While searching the top night stand dresser drawer, I found a glassine baggie which contained forty-eight green tablets marked “5 90 3.” These green tablets are believed to be Xanax, a class E drug. In my training and experience, the large amount of drugs, digital scale, numerous boxes of glassine baggies, and large amount of money, are common ingredients of those associated in the illegal sale and distribution of controlled substances. Over eight hundred grams of Marijuana and $7,490.00 in US currency was seized during this search.
Mr. Argueta was transported to Somerville Police Headquarters via marked unit 200, Officer C. Fusco, where he was booked in the usual manner by Lieutenant DiGregorio. Mr. Argueta’s cellular phone and monies were seized and will be processed during forfeiture proceedings.
Respectfully submitted,
Detective Fernando Cicerone #279