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U.S. v. Bimbow

Probable Cause to Arrest, Search Honda Car Existed; Evidence Denied Suppression

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OPINION AND ORDER Ismael Bimbow was charged with conspiring to distribute and possess with intent to distribute 400 grams and more of mixtures and substances containing a detectable amount of fentanyl and mixtures and substances containing a detectable amount of heroin in violation of 21 U.S.C. §§841(b)(1)(A), 841(b)(1)(C), and 846, and with using and carrying a firearm during and in relation to a drug trafficking crime, in violation of 18 U.S.C. §924(c). (Dkt. No. 1.) Bimbow moves to suppress the physical evidence recovered from several residences and vehicles and requests an evidentiary hearing on whether the consent that law enforcement received to search his wife’s apartment resulted from coercion and duress. (Dkt. No. 23.). In his reply brief, Bimbow also requests a Franks hearing to determine whether the affidavit supporting the search warrant for several vehicles and apartments contained materially false statements. (Dkt. No. 29.) I. Background In fall 2020, law enforcement arrested an individual (“CS-1″) on narcotics charges, andCS-1 began cooperating with law enforcement. (Dkt. No. 24, Ex. A 7b.) In relevant part, CS-1 informed law enforcement that he had known Bimbow for many years and that Bimbow was engaged in narcotics trafficking in New Jersey and New York. (Dkt. No. 24, Ex. A 7(b).) CS-1 also told law enforcement that Bimbow used firearms in connection to this narcotics operation. (Dkt. No. 24, Ex. A 7(b).) Specifically, CS-1 informed law enforcement about several vehicles Bimbow used to transport narcotics, including a black Honda with a trap compartment installed by a man named George Gamble to store narcotics, and several residences Bimbow used to engage in narcotics trafficking. (Dkt. No. 24, Ex. A

11(a), (b).) CS-1 also provided law enforcement with Bimbow’s cell phone number. (Dkt. No. 24, Ex. A

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