Case Document 20 Filed 02/25/16 Page 1 of 4

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK


UNITED STATES OF AMERICA
v.
RAYMOND LAMBIS, Supporting Declaration
Defendant. 15 cr 374 (WHP)


STATE OF NEW YORK 
SS:
COUNTY OF NEW YORK 

Raymond Lambis being sworn, Declares the following to be true:

1. I am the defendant in this case.

2. I reside at 701 West 177th Street, apartment 55, New York,
New York with my other family members.

3. On August 27, 2015, DEA agents knocked on my bedroom door
inside said apartment. I had been sleeping at the time of the
knock on the door, and I was not feeling well. I was told by an
Agent that unless I consented to a search of my bedroom the agents
would obtain a warrant to search the whole family apartment, and
that I had otherwise no choice to make. That statement was false,
and my consent to search the bedroom was given only because the
agents so lied to me. In fact, the agents then had no probable
cause to search the apartment, my bedroom or any other area of
apartment 55.

4. On August 27, 2015, the agents did not have a search
warrant for apartment 55. The agents had not applied for a search
warrant for apartment 55. I was not the target of an ongoing
investigation. Absent my consent to search on August 27, 2015, the

agents could not conduct a lawful search of my bedroom. The agents

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only had a hunch that criminal activity was transpiring inside the
apartment, and no more. My consent to search was not freely given
because it was procured as the result of fraudulent statements by
the agents.

5. The Government must demonstrate by a preponderance of the
evidence that consent to searcy was voluntarily given. United
States v. Isiofa, 370 F.3d 226, 230 (CA2 2004). Voluntariness is
determined based on a totality of the circumstances, and whether
the consent was the product of free choice ?rather than a mere
acquiescence in a show of authority.? United States v. Wilson, 11
F.3d 346, 351 (CA2 1993). Factors include age, education,
background, physical and.mental condition, and the setting in which
consent is obtained. See, Schneckloth v. Bustamante, 412 U.S. 218,
226 (1973).

6. I am 32 years old. Presently, and on August 27, 2015, I
am afflicted with, treated, and medicated for Hypertentsion;
Gastritis; Neuropathy; and Stage 3 kidney failure. I am in
constant pain as ea consequence, and suffer from depression and
malaise because of my physical ailments. The agents woke me out of
sleep, and took advantage of me.

7. On August 27, 2015, the agents had no information to
establish the probable cause basis the search of my apartment, or
room. The agents lied to we. I consented to a search of my
bedroom for the additional reason that I did not want my family
home ?trashed? by agents conducting a random search throughout. If
not for the false statements of the agents I never would have

consented to said search.

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Wherefore, Declarant seeks suppression of all items seized
from.Apartment 55, 701 West Street, New York, NY on August 27,

2015, and such other relief be granted as is just.

Declared to be true,

Raymond Lambis 

Sworn to and subscribed before me this

5x575?' Day of February, 2016.

(@2014


 

B. Alan Seidler, Attorney

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U.S. Department oflustice Northeast Laboratory
Drug Enforcement Administration New York, NY
Chemical Analysis Report
New York TFG Case Number: CT-15-0054
99 Tenth Avenue LIMS Number: 2015-SFL2-04900

New York, NY 10011

ObservatiOns, Resultsand Conclusions:

Exhibit Substance(s) Identified Net Weight Substance Purity Amount Pure Substance
Heroin 962.3 1 0.2   
Caffeine  
Lidocaine 

Procaine 

Quinine 

 

Remarks:
The reported net weight was determined by direct weighing of all unit(s}; the net weight uncertainty value represents an expanded
uncertainty estimate at the 95% level of confidence.

Exhibitfljijetalls: 

Date Accepted by Laboratory: 08/28/2015 Gross Weight: 1035 

Exhibit No. Units Pkg. (Inner) Form Reserve Wt.
1 4 Plastic Bag Powder 961.9 

Remarks:

ExhibitAnalysis?:
Sampling:

Heroin was confirmed in 4 unitls) tested of 4 unit(s] received. A composite was formed from 4 unitls) for further testing. Heroin, caffeine,
Iidocaine, procaine, and quinine were confirmed in the composite.

Exhibit Summary of Test(s)

1 Gas Chromatography, Gas Chromatography/Mass Spectrometry, Infrared Spectroscopy, Marquis Color Test

I hereby certify that i tested the above described substancels] and that this report is a true and full copy of the original report made by me. False statements made therein are punishable as a Class A
misdemeanor pursuant to a sectlun 210.45 Penal Law.

Analyzed By: Cindy L. Vitale, Senior Forensic Chemist Date: 09/16/2015
Approved By: Ann Marie O'Neill, Supervisory Chemist Date: 09/18/2015

DEA Form 113 August 2013 Page 1 of 1