U.S. v. Milian-Rodriguez

• Decision Date: 13 May 1985
• Docket Number: MILIAN-RODRIGUE,No. 84-5174,D,84-5174
• Citation: 759 F.2d 1558
• Parties: UNITED STATES of America, Plaintiff-Appellant, v. Ramonefendant-Appellee,
• Court: U.S. Court of Appeals — Eleventh Circuit

Page 1558

759 F.2d 1558

UNITED STATES of America, Plaintiff-Appellant, v. Ramon MILIAN-RODRIGUEZ, Defendant-Appellee,

No. 84-5174.

United States Court of Appeals, Eleventh Circuit.

May 13, 1985.

Stanley Marcus, U.S. Atty., Stephen Schlessinger, Linda Collins Hertz, Asst. U.S. Attys., Miami, Fla., for plaintiff-appellant.

Barbakoff & Schwartz, Fred A. Schwartz, Miami, Fla., for defendant-appellee.

Appeal from the United States District Court for the Southern District of Florida.

Before FAY and JOHNSON, Circuit Judges, and DYER, Senior Circuit judge.

JOHNSON, Circuit Judge:

In this case, the government appeals from the suppression of evidence, including drugs and firearms, which was to be used in the prosecution of Ramon Milian-Rodriguez for drug and currency violations. Because we conclude that the relevant searches were conducted pursuant to probable cause, exigent circumstances, or the broad-ranging consent of a suspect who hoped to strike a deal with the government, we reverse.

I. THE FACTS

Beginning in November 1982, agents in Operation Greenback, a Miami-based federal task force investigating currency violations, received information from law enforcement authorities that Ramon Milian-Rodrigeuz (hereinafter "Milian") was travelling periodically to Panama with extremely large sums of United States currency. A record check revealed that neither Currency Transaction Reports nor Currency and Monetary Instrument Reports had been filed as required, either by Milian or Cambios Monetarious Internacional, the Panamanian currency exchange with which he was associated. Accordingly, Milian was placed under scrutiny.

On two occasions in April 1983, law enforcement agents observed the loading of suspicious cargo aboard Milian's Lear Jet, which was bound for Panama. Agents of the Drug Enforcement Administration ("DEA") subsequently confirmed that the cargo contained United States currency, as to which none of the required reports had been filed. In May 4, 1983, law enforcement agents, having been informed that Milian would be making another trip to Panama, saw his jet being loaded in the same manner they had observed the previous month. Once again, no currency reports had been filed. On this occasion, the jet was stopped, passengers and crew were removed and the cabin was searched. The search revealed $5,447,949 in United States currency stowed within the cabin. Milian's attache case, also on the plane, contained detailed records relating to his money-smuggling activities and documenting the transportation to Panama of approximately $146 million between August 1982 and April 1983. These items were subsequently taken to the downtown Miami office of Operation Greenback.

While this search was underway, Milian was taken to an office located in the airport complex. He was told that he would be detained during the search, but that he was not under arrest. During this time Milian stated to a law enforcement officer that he wished to speak with the agent in charge. Arrangements were made for the ranking officers of the Customs Service on the scene to speak with Milian in a room at the airport leased by Milian's company, Consolidated Courier Service. Before entering this room, Milian executed a form giving the agents general authorization to search those premises.

When the Customs officers arrived, Milian informed them that "they didn't know what they had here." He boasted that he was the most sophisticated suspect with whom they had ever come in contact, and that he could provide them with a rare "opportunity" to survey the workings of an international narcotics and currency-laundering network. Anticipating an inculpatory statement, the Customs officers summoned the Assistant United States Attorney assigned to Operation Greenback and read Milian his rights. Milian stated that he had foreseen his eventual apprehension and had determined that when the day came he would offer his full cooperation. He stated to the assembled officials that he would provide information on the full range of criminal activities in which he had been involved if the government would not file criminal charges and would protect his anonymity as an informant. The agents explained to Milian that they lacked the authority to enter into any agreement, but that the government would consider his offer if the information he could provide was of "great interest." The law enforcement officials informed Milian that he was free to go, but he expressed his eagerness to accompany them to the office of Operation Greenback.

After arriving at Operation Greenback, Milian executed a written consent authorizing the search of his business premises at 2852 Shipping Avenue. This form stated, inter alia, "These (officers or agents) are authorized by me to take from my premises any letters, papers, materials or other property which they desire." There was no discussion of any spatial limitations on the search. After several hours of discussion concerning the currency-smuggling operations with which Milian was involved, IRS Special Agent Raul de Armas asked to speak with Milian about currency laundering in general and three individuals who were under investigation for participation in laundering activities. Milian indicated that these individuals were drug dealers and clients of his, and he provided some details on the methods he used to launder funds. But he declined to give Armas further details pending a decision on his offer of cooperation.

At approximately 7 p.m., when this discussion had concluded, Milian volunteered to accompany the agents who were to conduct the search of his business premises. Following their arrival, the agents surveyed the premises to determine how long the search would take, and subsequently began in Milian's office. Milian was in all respects cooperative, retrieving files relating to those individuals about whom he had been questioned by Armas and assisting the officials in locating any documents they wished to see. The agents began to photocopy the files, and when this proved too slow, brought in a high speed copier. At approximately 7:30 p.m., agents in Milian's presence attempted to open the door to a closet adjacent to Milian's desk. The door was locked and Milian volunteered that the key was in his briefcase. (The briefcase had been taken from the plane earlier that day and was at that time at the Operation Greenback office). The agents made no further attempts to open the closet at that time. At approximately 10:00 p.m., Milian decided to depart the premises. He was told that the agents would remain at the office, as there was a great deal more photocopying to be completed. At approximately 11:45 p.m., Milian called to inquire as to the progress of the search. He was told that, as the agents were copying all of the documents in his office, it appeared unlikely that the search would be completed by morning.

At 12:15 a.m., the agents opened the door to the closet in Milian's office by picking the lock. After opening the door Agent Heims observed an unlocked safe, from which he removed United States currency and bonds. He then noticed a duffle bag marked "Uzi," which he removed from the closet and unzipped, revealing an Uzi machine gun. A second duffle bag was removed and found to contain additional firearms. Agent Heims then observed a partially opened duffle bag which appeared to contain a white substance. The bag was removed and subsequent field tests revealed that it contained 62 pounds of cocaine.

After the discovery of these objects in the closet, and consultation with two Assistant United States Attorneys, the agents executed a warrantless arrest of Milian. At approximately 3 a.m., four federal agents and a uniformed local police officer arrived at Milian's home. When they rang the doorbell, Milian appeared, partially clad, behind the burglar bars at the door. The agents instructed him to ask his wife to bring the keys. Milian's wife opened the bars, and the agents immediately entered the house and handcuffed Milian. He expressed his surprise at the arrest, given his belief that they had some sort of agreement, and he asked what had prompted the arrest. When informed of the discovery of the cocaine Milian replied that he had forgotten about it. The officers then asked Milian for permission to search his residence. He stated that there was nothing of interest, but signed a written consent form without objection. The ensuing search revealed additional firearms and almost $40,000 in counterfeit United States currency.

Milian was taken to United States Customs headquarters and advised of his rights, both orally and through an advise of rights form. Milian subsequently informed the agents that the cocaine discovered was the unsold portion of a 500 kilogram sale which had occurred 30 to 45 days previously. He executed another consent to search form for a warehouse in which he held an interest and which he identified as the source of the cocaine seized from his closet. He also identified the source and distributors for a large scale narcotics operation. Milian explicitly rejected an opportunity to call his attorney. Because of the magnitude of the crimes in which he had participated and his failure to inform agents of his cocaine cache, Milian's offer of cooperation was rejected and his arrest completed.

A. Course of Proceedings

A 62-count indictment was filed in the United States District Court for the Southern District of Florida which charged Milian with, inter alia, illicit transportation of drug proceeds, possession of cocaine with intent to distribute, possession of counterfeit currency, racketeering, foreign travel in aid of racketeering, and failure to file appropriate currency reports. Milian moved to suppress virtually all the evidence which had been produced in the course of the investigation. A hearing was held between January 9, and 12, 1984. On February 1 and 2 the district court granted Milian's motion to...