U.S. v. Silva, 777
| Decision Date | 09 August 1983 |
| Docket Number | No. 777,D,777 |
| Citation | 715 F.2d 43 |
| Parties | UNITED STATES of America, Plaintiff-Appellee, v. Mariela Coronoto SILVA, Defendant-Appellant. ocket 82-1324. |
| Court | U.S. Court of Appeals — Second Circuit |
James Allen, Allen, Lippes & Shonn, Buffalo, N.Y., for defendant-appellant.
Joseph Guerra, Asst. U.S. Atty. for the Western District of New York, Buffalo, N.Y. (Salvatore R. Martoche, U.S. Atty. for the Western District of New York, Kathleen M. Mehltretter, Asst. U.S. Atty., Buffalo, N.Y., of counsel), for plaintiff-appellee.
Before VAN GRAAFEILAND, PIERCE and WINTER, Circuit Judges.
Mariela Coronoto Silva appeals from a final judgment of the United States District Court for the Western District of New York, John T. Elfvin, Judge, after a jury trial, convicting Silva of two counts of making false material statements to the United States Immigration and Naturalization Service and the United States Customs Service in violation of 18 U.S.C. § 1001 (1976). 1 Specifically, and in sequence of occurrence, appellant was convicted of falsely stating to an immigration official that she was a United States citizen (Count IV), and falsely stating to a customs official that she was not carrying over five thousand dollars into the country (Count III). 2 Post-trial, defendant moved for a judgment of acquittal notwithstanding the verdict; the motion was denied, and appellant was sentenced to three months imprisonment on each count; imposition of prison sentence was suspended
and defendant was placed on probation for three years.
The facts, viewed in the light most favorable to the government, reveal the following. 3 On November 15, 1981, Mariela Silva and her traveling companion, James Pate, 4 sought entry into the United States from Canada via the Rainbow Bridge, Niagara Falls, New York. After a routine inquiry by a border inspector (who is usually a customs or immigration inspector) at the primary inspection station, Silva and her companion were directed to the secondary inspection area, where people not readily admissible after primary inspection are sent for a more detailed inspection so as not to interfere with the flow of traffic over the bridge.
At the secondary inspection area, an enclosed garage, the two travelers were questioned by Customs Inspector Frank Figueroa and Immigration Inspector Jeffrey Roulhac, who inquired of each as to their citizenship and declarable items. The immigration inspector had been alerted by the border inspector to check Silva's citizenship. Inspector Roulhac testified that he asked Silva her country of citizenship, to which she responded, "United States." He then inquired as to where in the United States she was born, and Silva responded, "Austin, Texas." Inspector Figueroa testified that he also asked Silva her citizenship, where she was born, how long she had been outside the United States, and if she had acquired anything while she was in Canada. According to Inspector Figueroa, Silva stated that she was a United States citizen; she was born in "Texas," or "Austin, Texas;" that she had been in Toronto with James Pate for two or three days; and she had only bought a few tee-shirts and a dress. Inspector Figueroa asked Silva if she had any proof of birth or citizenship. She offered a Texas drivers license and stated that she had no other documentation in her possession. Although the inspectors testified that Silva had a "hint" of a Spanish accent, both inspectors further testified that the appellant spoke English well, and that neither had trouble understanding her responses.
The inspectors considered Silva's responses to be unsatisfactory, therefore, Inspector Roulhac directed the appellant to bring her purse and follow him to the immigration office adjacent to the garage area. Meanwhile, Inspector Figueroa took Pate to a customs office and questioned him further as to declarable items.
In the immigration office, Inspector Roulhac searched Silva's purse where he discovered her Venezuelan passport, a student visa, 5 and two bundles of American currency wrapped in rubber bands. Roulhac testified that, at the time, he did not know how much money was in the purse. The inspector asked Silva if the money belonged to her; she responded that it was not hers, that it belonged to her companion, and that she did not know how much money it was. Inspector Roulhac then reported to Inspector Figueroa that contrary to appellant's assertion, Silva was not a United States citizen, and that he had discovered her Venezuelan passport and a large sum of money in her purse.
Just prior to Inspector Roulhac's report of the fruits of his purse search, Inspector Figueroa had discovered $23,500 of undeclared currency in Pate's jacket pocket.
The two inspectors then rejoined Silva, and Inspector Figueroa requested that she fill out a Customs Declaration Form 6059-B which asks the entrant to list all declarable items. Inspector Figueroa instructed appellant, in English, to answer questions one through twelve, then proceeded to read aloud questions 9, 10 and 11 in Spanish. Silva filled out the form and checked the box marked "no" to question eleven, which asked whether the declarant was carrying over $5,000 in currency. 6 Inspector Figueroa then removed and counted the two packs of currency from appellant's purse. The money consisted of two packs of one hundred dollar bills, totalling $20,000. At this point, Silva was informed of her constitutional rights in both English and Spanish. Silva responded that she understood her rights and, after questioning, stated that she did not declare the money on the customs declaration form because the money did not belong to her
Approximately one hour later, Customs Group Supervisor John Lowe arrived at the Rainbow Bridge to question Silva and Pate. After conferring with Customs Inspector Figueroa, Supervisor Lowe asked Silva why she had failed to report the $20,000 when she came into the United States. Silva responded by stating that the money belonged to her companion and that he had told her not to declare it. Silva was thereafter arrested and charged with falsely stating to an immigration official that she was a United States citizen, and falsely stating to a customs official that she was not carrying over $5,000 into the country.
In her testimony at trial, the appellant denied that Immigration Inspector Roulhac had asked her any questions dealing with citizenship, and stated that she never claimed to be a United States citizen. Silva also claimed that she did not present her passport because no one asked her to show it. Finally, Silva reasserted that she had answered "no" to question eleven on the customs declaration form because the money did not belong to her, and denied telling Supervisor Lowe that her companion instructed her not to declare the currency. Silva's testimony was contradicted by the testimony of Inspectors Figueroa and Roulhac and Supervisor Lowe. The jury chose to believe the government's witnesses and convicted the appellant.
On appeal, appellant argues that: (1) the trial court erred in not suppressing her oral and written statements allegedly made without the benefit of Miranda warnings; (2) she had not made a voluntary waiver of her Miranda rights; (3) the evidence submitted at trial was insufficient as a matter of law to convict her; and (4) the trial court obstructed effective voir dire by disallowing proposed jury questions. For the reasons stated below, we affirm the judgment of conviction.
It is argued by appellant that from the moment she was directed to the secondary inspection area she was in a "custodial environment" and that, therefore, her oral statements concerning her citizenship and her written statements concerning the undeclared currency were obtained in violation of her Miranda rights. We disagree. The interrogation herein amounted to no more than routine customs and immigration inquiries, such as are conducted at a border crossing. Under the circumstances which occurred herein, Miranda warnings were not required and the court properly refused to suppress evidence of appellant's comments.
This court has recognized that Miranda warnings need not be given to one detained at the border and subjected to a routine customs inquiry. United States v. Moody, 649 F.2d 124, 127 (2d Cir.1981). As the Here, Silva was exposed to only routine border detention and questioning when she was interrogated by Inspectors Roulhac and Figueroa. The responses elicited from the appellant were necessary to determine the admission status of Silva and her effects. Thus, the inspectors inquired about Silva's citizenship, the length and purpose of her trip to Canada, what items she had acquired or brought in Canada, and what items she had to declare upon entering the country. Such routine questions are necessary to enforce immigration and customs regulations, and border officials are charged with the responsibility of detaining those seeking admission in order to determine their admissibility. See United States v. Lueck, 678 F.2d 895, 900 (11th Cir.1982); see also 8 U.S.C. §§ 1225 and 1357 (1976); 19 U.S.C. § 1582 (1976). 7 Thus, although there was a detention of appellant with attendant questioning by immigration and customs officials, the circumstances surrounding the inquiry (namely, a border detention) and the routine questions asked of Silva, did not require the giving of Miranda warnings.
Supreme Court stated in Carroll v. United States, 267 U.S. 132, 154, 45 S.Ct. 280, 285, 69 L.Ed. 543 (1925), the rationale behind a routine customs inquiry is that "national self protection reasonably requir[es] one entering the country to identify himself as entitled to come in, and his belongings as effects which may be lawfully brought in." See also United States v. Ramsey, 431 U.S. 606, 616, 97 S.Ct. 1972, 1978, 52 L.Ed.2d 617 (1977) (border searches...To continue reading
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