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In re Valencia
United States District Court, E.D. Washington
June 6, 2019
U.S. Attorney: Thomas J. Hanlon
PETITION FOR WARRANT OR SUMMONS FOR OFFENDER UNDER
HONORABLE ROSANNA MALOUF PETERSON, U.S. DISTRICT JUDGE.
incorporate the violation contained in this petition in
future proceedings with the violations previously reported to
the Court on May 22, 2019.
probation officer believes that the offender has violated the
following condition of supervision:
Violation Number Nature of Noncompliance
4 Mandatory Condition #2: The
defendant shall not commit another federal, state, or local
Standard Condition #7: The
defendant shall refrain from excessive use of alcohol and
shall not purchase, possess, use, distribute, or administer
any controlled substance or any paraphernalia related to any
controlled substance, except as prescribed by a physician.
Supporting Evidence: Mr. Valencia
is alleged to being in possession of a controlled substance -
methamphetamine, on May 28, 2019, as noted by the Prosser
Police Department report case number 19-01490.
On January 3, 2017, supervised release conditions were
reviewed and signed by Mr. Valencia acknowledging his
understanding of mandatory condition number 2 and standard
condition number 7.
According to the Prosser Police Department narrative report,
on May 28, 2019, the arresting officer observed a vehicle in
the Department of Transportation Rest Area in Prosser,
Washington, and ran the registration. The registered owner,
Eduardo Valencia, came back with a felony warrant out the
U.S. Marshals Office in Yakima, Washington. The officer
requested a second unit to assist prior to contacting the
vehicle and stood by in the Shell station parking lot where
the officer could keep a visual on the vehicle. While waiting
for a cover unit to arrive, the officer observed a male get
into the front, passenger side of the vehicle and the vehicle
began to leave the rest area. The officer pulled out toward
Merlot Drive and observed the vehicle turn westbound onto
Merlot Drive. The officer observed the vehicle as it began to
turn northbound onto Gap Road, failing to stop at the red
light. The vehicle nearly caused a collision with an oncoming
vehicle that had the right of way with a green turn signal.
The officer pulled in behind the vehicle and activated the
emergency lights to stop it for the violation.
As the officer approached the vehicle, the observed a butane
canister on the rear deck of the back seats. Upon contact,
there were three male occupants in the vehicle and the male
in the rear seats appeared to be asleep, laying across the
back seats with no seatbelt. The officer noted having
observed a torn off, clear plastic baggie with unknown pills
in them on the rear, passenger side floorboard. The officer
informed the driver of the reason for the stop and requested
his license, registration, and proof of insurance. The driver
was identified but did not have his license. The officer
asked about the insurance and the front passenger stated
there was no insurance on the vehicle. The officer asked the
front passenger if he was the registered owner of the
vehicle, and he said he was. The officer asked if his name
was Eduardo Valencia, who was listed as the registered owner,
and he said yes.
The officer returned to the patrol car and ran a check on the
driver, who came back with a valid driver`s license. Dispatch
was able to confirm the felony U.S. Marshal warrant for Mr.
Valencia. The officer made contact with Mr. Valencia on the
passenger side of the vehicle and asked him to step out. As
Mr. Valencia stepped out of the vehicle, the officer reported
she observed a used needle on the front passenger side
floorboard. Mr. Valencia was handcuffed, searched, and placed
in the back seat of the patrol vehicle. Mr. Valencia was read
his constitutional rights from the department issue card. Mr.
Valencia stated he understood his rights and did not request
an attorney. The officer asked Mr. Valencia if there were any
narcotics in the vehicle besides the needle on the
floorboard. Mr. Valencia stated that there were more needles
in the passenger door holder.
According to the officer's narrative report, she stated
that based on her training and experience, the paraphernalia
located in the vehicle, conflicting stories, and narcotics
history of at least one occupant, all led her to believe
there may be controlled ...
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