On the above date and time, Thursday, September 28, 2017, at @ 5:30 PM, while assigned to the SPD Narcotics Unit, working in an undercover capacity, operating an unmarked Police vehicle, with the following members of the Narcotics Unit: Det. F. Cicerone, Cet. J. Costa, and Det. G. Legros, were on routine surveillance in the area of East Somerville.  At approximately 5:30 P.M. we were in the area of Pinckney and Washington Sts. focusing our attention on #10 Pinckney St. We know this address to be the home residence of Marvin Vivas-Miguel.  Mr. Vivas-Miguel is well known to our Unit from a recent drug arrest on August 12, 2017.  Mr. Vivas was observed leaving the front door of #10 Pinckney Street and entering a gray BMW.  A query of this vehicle found that Mr. Vivas-Miguel is listed as the registered owner of this BMW: 2013, gray, BMW 3Serie sedan. This information was ascertained through the LEAPS system via the Mass. RMV. Defendant Vivas-Miguel operated this vehicle onto Washington Street and up Myrtle Street.  A rolling surveillance was conducted of Mr. Vivas-Miguel as he picked up a male at the corner of Broadway and Grant Street.

Mr. Vivas-Miguel and XXXXX began driving in a westerly direction on Broadway and proceeded directly to an apartment building located on Main Street at Windsor St. in Medford, Ma.  Mr. Vivas-Miguel exited the gray BMW and went to the front door of the building where he met with an individual.  Mr. Vivas-Miguel’s interaction with this individual at the door was quick and he retreated back to his BMW as quickly as this individual went back into the building he exited from.  Vivas-Miguel then drove his vehicle away from the building and eventually retraced his driving route back onto Main St. Medford. In my training and experience as a Police Officer for over 40 yrs. and a Narcotics Officer for ~6 yrs., I believed Mr. Vivas-Miguel and this individual to have just conducted a street level drug transaction, as this is how they are frequently conducted.

Vivas-Miguel and XXXXX then drove back into the city of Somerville. They’re route of travel took them easterly on Main St, turned left onto Edgar Ave, and then turned right onto Meacham St. They proceeded to turn left, directly into the Arthur D. Healey School, which is located at #5 Meacham Street. The Healey School is a Somerville Public School, elementary grade level, servicing Somerville children in grades K thru 8. Vivas-Miguel and XXXXX drove through the parking lot, looping around and exiting before meeting with anyone.  In my training and experience, I believed Vivas-Miguel to be using a counter-surveillance technique known as “cleaning themselves off.”  Driving through a parking lot without stopping is an easy way to see if someone is following you.  Vivas-Miguel and XXXXX then drove to the front gate of an apartment building directly across the street from the Healey School Parking Lot. The address of this apartment building is #2 Meacham St.

Within a minute of arriving at this apartment building, two males were observed walking up a set of stairs that leads from the Mystic Ave. Housing Development.  One male, later identified as Mr. Ashaun Clark, entered the driver’s side back seat of the gray BMW that Vivas-Miguel was operating. The three males proceeded to drive up Edgar Avenue and turn left onto Heath Street. I would like to note that Mr. Clark walked up to the gray BMW and entered into the vehicle with nothing in either hand. Clark was observed wearing tight black sweatpants.  A rolling surveillance was conducted as Mr. Vivas-Miguel stopped the gray BMW at the corner of Heath Street and Temple Street.  As Vivas-Miguel stopped his vehicle, Mr. Clark exited the gray BMW. At this time, Clark was now observed holding a cup in his hand that was filled with a leafy substance.  Clark began walking down Temple St., in a northerly direction, towards Jacques St. as Vivas-Miguel and XXXXX drove in the opposite direction, southerly towards Broadway. At this time, I formed the opinion, through my years of training and experience, that Vivas-Miguel and Clark to be involved in a street level drug transaction as they just took a “meaningless ride.”

As Clark was walking, Detectives Cicerone and Legros stopped him to conduct a threshold inquiry. As they attempted to stop Clark, Detective J. Costa and I conducted a motor vehicle stop of the gray BMW. The purpose of this stop was to conduct a threshold inquiry of Vivas-Miguel and XXXXX.  With our badges prominently and clearly displayed on our outermost garments, Detectives Cicerone and Legros stopped Clark at the corner of Jacques St. and Temple St. Det. Cicerone observed Clark holding a clear plastic cup in his hand. Upon closer inspection, Det. Cicerone observed this cup to contain a green, leafy, herbal substance. Det. Cicerone, through his years of training and experience, believed this green, leafy, herbal substance to be Marijuana.  Det. Cicerone inquired as to where Clark had been coming from. Clark replied that he was just walking around. Det. Cicerone asked Clark if he had very recently met with anyone. Clark replied that he had not.  Det. Cicerone asked Clark if he had entered into a vehicle at or near the Healey School.  Clark stated that he had not. Det. Cicerone notified Clark that our Unit had been conducting a surveillance of Vivas-Miguel. At this time, Clark stated to Det. Cicerone, “Then you know where I was.”  Det. Cicerone asked Clark how much he had paid for the Marijuana. Clark replied while laughing, “What do you care?” Clark then stated to Det. Cicerone that he no longer wished to talk.

At this time, Det. Costa and myself were continuing our rolling surveillance of the gray BMW. Vivas-Miguel were observed turning left onto Broadway and left onto Grant St. At this time, I activated my blue lights and siren and pulled the gray BMW over at the intersection of Grant St. and Sewall St.  Detective Costa approached XXXXX and I approached the operator/defendant Vivas-Miguel. I asked Vivas-Miguel where he had just come from. Vivas-Miguel stated that he was coming from his home. I asked Vivas-Miguel if he had met up with anyone. Vivas-Miguel stated that he did not meet up with any other individual. Vivas-Miguel stated that he picked up XXXXX in Medford. I asked Vivas-Miguel if he had picked up Clark at any time. Vivas-Miguel stated that Clark was never in his vehicle.

XXXXX explained to Detective Costa that he had left the barbershop, which is located across Broadway from Grant St., where Vivas-Miguel had picked him up. XXXXX stated that they drove directly to Medford, where Vivas-Miguel left the vehicle, in order to give something to a person at the building.  XXXXX was unsure what Vivas-Miguel dropped off. He did state that he believed it to be Marijuana. XXXXX also stated that they picked up Clark near the Healey School where Vivas-Miguel sold Marijuana to Clark. After the transaction was completed, Clark exited the BMW and walked away on Temple St. As we were conducting our threshold inquiry of the two individuals, Det. Costa observed a black North Face backpack on the rear seat of the gray BMW. Det. Costa took custody of the backpack, as per SPD’s Inventory Property search and subsequently opened it. Inside one of the inside pockets of the backpack, Det. Costa observed the following: 2 glassine, re-sealable sandwich bags containing a green, leafy, herbal substance; this substance has been preliminarily identified as Marijuana, preliminary weight of ~2 ounces; a small, black/silver portable, digital scale, and a crumpled up green, Mass Trial Court Personal Recognizance sheet, in defendant Vivas-Miguels’ name, containing a green, leafy, herbal substance (preliminarily identified as Marijuana). This scenario is almost a carbon copy of the scenario relative to Vivas-Miguel’s controlled substance arrest on 8/12/2017.

Due to our observations, XXXXX’s statements, and Mr. Vivas-Miguel’s drug distribution history, Mr. Vivas-Miguel was placed under arrest for distribution of a Controlled Substance, to wit: Class “D” – Marijuana. Vivas-Miguel is only nineteen years of age and is unable to legally possess Marijuana in the Comm. of Mass. I would also like to note, that the clear cup that Clark possessed in his hand, at the time of the threshold inquiry conducted by Det. Cicerone, had included rolling papers used to smoke Marijuana. These papers, in conjunction with the Marijuana, are clear indications of an individual that is using the Marijuana for personal use, as opposed to distributing Marijuana. The portable, digital scale and large amount of Marijuana are common ingredients of an individual that possesses these items/substances with the intent to distribute it. I would like to duly note at this time, that I also observed a black, Ruger firearm holster, located inside Vivas-Miguel’s BMW’s glove box. No firearm was located subsequent to the search incidental to the arrest of Vivas-Miguel as well. Relative to items/contraband that were seized as a result of this incident, please refer to Det. Legros’ Supplemental Report.

Respectfully submitted,

Det. James McNally #80

Somerville Police Dept.

Narcotics/Vice Unit