United States of America v. Ryan Beau Patrick Barry

Los Angles, California criminal defense lawyer represented the Defendant charged with several counts of possession with intent to distribute the narcotics found in his car and apartment under 21 U.S.C. § 841(a)(1); possession of a firearm in furtherance of drug trafficking under 18 U.S.C. § 924(c)(1)(A)(i); and being a felon in possession of firearms and ammunition under 18 U.S.C. § 922(g).



In November 2018, an anonymous tipster called the Los Angeles Police Department ("LAPD”) to report that a person

named "Ryan” sold drugs out of an apartment at 14436 Emelita Avenue, Apartment B, in Van Nuys, California

("Emelita apartment”)a red convertible Ford Mustang. The LAPD assigned Officer Giovanni Espinoza to investigate the tip.

After searching several databases, Officer Espinoza learned about a "Ryan Beau Patrick Barry” who was on post-release community supervision for felony firearm and drug convictions. Barry's terms of supervision included a warrantless search condition, meaning that his person, property, and residence could be searched without a warrant. Officer Espinoza found that Barry had registered a different residential address with his probation officer—not the Emelita apartment. He also discovered that Barry possessed no valid driver's license and that he could not drive a motor vehicle legally at the time.



Later, Officer Espinoza decided to surveil the Emelita apartment. When Officer Espinoza arrived, he observed a red convertible Mustang parked close to a walkway that led to the Emelita apartment. He then saw Barry appear in the

walkway and approach the Mustang. Barry got into the car and drove to a nearby gas station; Officer Espinoza followed.

At the gas station, Barry parked and sat in the driver's seat for five to ten minutes. Officer Espinoza then

approached, identified himself as law enforcement, and directed Barry to get out of the car. When Barry did so,

Espinoza saw him holding a clear plastic "baggie” consistent with drug packaging. Officer Espinoza ordered Barry to

hand over the bag, and Barry complied. The bag contained a substance resembling methamphetamine. Seeing this,

Officer Espinoza handcuffed Barry and told him that they were "going to search his apartment on Emelita Avenue

next.” Barry did not act surprised, nor did he deny that he was living at that location. Officer Espinoza asked "who

else lived there,” and Barry explained that his girlfriend was asleep on the couch and repeatedly asked Officer Espinoza not to scare her when entering the apartment. Officer Espinoza next asked whether there were dogs or weapons at the Emelita apartment. Barry stated that there were not. Finally, to avoid damaging the door, Officer Espinoza asked Barry for a key to the apartment. Barry told Officer Espinoza where his keychain was and showed him the key to the apartment's

front door.



A search of Barry's car revealed several pouches of illegal drugs, a scale with drug residue, and a loaded pistol.

The later search of Barry's apartment revealed his girlfriend asleep on the couch, along with additional firearms,

ammunition, drugs, and related paraphernalia. After the search, Barry told Officer Espinoza that he had lived at the

Emelita apartment with his girlfriend for around one month and had been selling drugs out of the residence.

The Defendant was committed to the Bureau of Prisons for 180 months. Term consists of 120 months on Count 1 and 60 months on count 4, to run consecutively. Supervised release for 5 years. Special assessment 200. All fines waived.



Affirmed