The opinion of the court was delivered by: William B. Shubb, United States District Judge
RE: MOTION TO SUPPRESS FRUITS OF VEHICLE SEARCH
Defendant Amr Mohsen ("Defendant") moves to suppress the evidence seized from his car on March 30, 2004.
The events of the underlying patent litigation that resulted in perjury and obstruction of justice counts against defendant are well known to the government and defendant. Defendant was indicted in March 2003.
On March 25, 2004, the FBI placed defendant under surveillance, and this surveillance did not end until approximately 10:30 p.m. on March 27, 2004. (Mar. 30, 2004 Weber Aff. in Supp. of Search Warrant for Def.'s Car at 2). At approximately 9:00 p.m. on March 25, 2004, FBI Special Agent Joel Moss saw defendant at the Egyptian Consulate in San Francisco. (Id. at 4).
On March 26, 2004, Mohsen deposited and withdrew large amounts of money from three banks. At approximately 2:30 p.m. on March 26, defendant deposited two checks in the amounts of $30,000 and $34,000 at a Bank of America branch in Santa Clara. (Id. at 2). Approximately five minutes after he left the Santa Clara branch of Bank of America, Mohsen arrived at the Silicon Valley Bank. (Id.). There he deposited a $30,000 cashier's check and withdrew $30,000 in cash. (Id.). Approximately two hours after leaving the Silicon Valley Bank, defendant drove to a Bank of America branch in Sunnyvale. (Id.). There he deposited a check drawn on the State Bank of Boston in the amount of $54,500 and asked for as much cash as possible. (Id. at 2-3). He withdrew $10,000 and was told that the remainder of the deposited funds would be available at midnight that night. (Id.)
The next day, March 27, 2004, at approximately noon, defendant entered a branch of Bank of America in Los Gatos and was observed receiving a stack of United States currency approximately 1.5 inches thick. (Id. at 3). About an hour later, defendant went to a hotel in Los Gatos and used a pay telephone. (Id.). FBI Special Agent Jeffrey Johnson overheard defendant using the words "passport" and "flight arrangements."
Defendant was also overheard by Special Agent Johnson rescheduling an appointment for later that afternoon because he would not be around on Monday (Id.). At about 3:30 p.m., defendant was observed at a dentist's office in Fremont. (Id.). Marivic Simon, an assistant at that office, informed FBI Special Agent David Carr that defendant told her that he was going to be out of town for at least two months. (Id.). Ms. Simon also informed Special Agent Carr that defendant used the office phone to book a flight to Fort Lauderdale. (Id.). At 4:50 p.m. the same day, Special Agent Moss overheard defendant on a public telephone say that he was in the Bay Area and would be there for a few hours. (Id.). At approximately 7:00 p.m., defendant was observed by FBI Special Agent Jason Richards using a pay telephone for about an hour and a half, during which time defendant was overheard trying to book a charter flight from Fort Lauderdale to the Cayman Islands. (Id.). Special Agent Richards also overheard defendant mentioning that one person would be traveling on an Egyptian passport and asking whether he could avoid giving his social security number because he did not want it to be on a computer data base. (Id.). Defendant was also overheard successfully booking a flight to Fort Lauderdale on America West, departing San Jose at 9:00 a.m. the next day, March 28. (Id.).
Defendant was arrested at approximately 10:30 p.m. on March 27, 2004. (Id. at 4). Incident to arrest, FBI Special Agent Bruce Whitten recovered approximately $20,000 in $100 bills and an Egyptian passport, apparently issued by the Egyptian Consulate in San Francisco on March 25, 2004, in the name of Dr. Amr Mohamed Abdel-Latif Mohsen. (Id.). Contact information was also founds on defendant's person for Alaf Elmazariky, Consul General of Egypt, Western States, and Wael Aboulmagd, Counselor for the Embassy of Egypt located in Washington, D.C. (Id.).
Defendant was arrested while driving his 1992 black Mercedes Benz. (Def.'s Mem. in Supp. of Mot. to Suppress Evidence Obtained as a Result of Search of Def.'s Vehicle at 3). The arrest took place in the parking lot of an apartment complex in Campbell. (Mar. 30, 2004 Weber Aff. in Supp. of Search Warrant for Def.'s Car at 4). After the arrest, defendant's vehicle was towed to an FBI garage facility. (Def.'s Mem. in Supp. of Mot. to Suppress Evidence Obtained as a Result of Search of Def.'s Vehicle at 3). On the next day, March 28, agents reported taking an inventory of the vehicle's contents and removing a black wallet, two checkbooks, and a laptop computer. (Id. at 3-4).
On March 30, 2004, the court granted the government's request for a search warrant. (Id. Ex. A (warrant)). Attachment A to that warrant authorized seizure of the following items:
1. Any and all tickets, notes, papers, documents, receipts, and other written items used for, relating to and/or reflecting any travel arrangements from on or about January 1, 2004 to any date in the future, including but not limited to telephone numbers, telephone calling cards, toll free numbers, business cards, and domestic and foreign travel reservations, for Amr Mohsen and/or any relative of Amr Mohsen;
2. Any all United States and foreign currency, money orders, tellers checks, cashiers checks, travelers checks and papers, documents, notes, receipts, checks, ledgers, invoices, statements, and other written items relating to and reflecting the withdrawal, deposit, transfer, debit and any other transactions of United States and/or foreign currency from any and all United States and foreign financial institutions in the name of and/or for the ...