U.S. v. Laija-Garcia

• Decision Date: 27 February 2004
• Docket Number: No. EP-03-CR-1462-PRM.,EP-03-CR-1462-PRM.
• Citation: 347 F.Supp.2d 350
• Parties: UNITED STATES of America v. Rigoberto LAIJA-GARCIA
• Court: U.S. District Court — Western District of Texas

347 F.Supp.2d 350

UNITED STATES of America v. Rigoberto LAIJA-GARCIA

No. EP-03-CR-1462-PRM.

United States District Court, W.D. Texas, El Paso Division.

February 27, 2004.

Antonio Franco, Jr., Assistant U.S. Attorney, El Paso, TX, for Plaintiff.

Ahilan Thevanesan Arulanantham, Federal Public Defender, El Paso, TX, for Defendant.

MEMORANDUM OPINION AND ORDER DENYING DEFENDANT'S MOTION TO SUPPRESS EVIDENCE

MARTINEZ, District Judge.

On this day, the Court considered Defendant Rigoberto Laija-Garcia's "Motion to Suppress" and "Brief in Support of Motion to Suppress," filed on August 20, 2003 in the above-captioned cause. The Government filed its Response on August 29, 2003. The Court held hearings on the Motion on September 26, 2003 and October 9, 2003. At the end of the hearing on October 9, 2003, the Court ordered Defendant Rigoberto Laija-Garcia ("Defendant") to file a supplemental brief specifically addressing his argument that the Border Patrol Agents did not have the statutory authority to stop him.¹ Defendant filed a supplemental brief on October 16, 2003, and the Government responded on October 23, 2003. After careful consideration of the evidence and briefs, the Court is of the opinion that Defendant's Motion to Suppress should be denied for the following reasons.

I. FINDINGS OF FACT

1. On at least two occasions, in the weeks preceding July 24, 2003, several unidentified individuals illegally entered into the United States from Mexico through a sparsely populated ranching area known as Esparza, Texas, which is located between Sierra Blanca and Fort Hancock. These unidentified individuals traveled through this area on horseback and were carrying some form of a controlled substance. In response, U.S. Border Patrol ("Border Patrol") installed a sensor approximately 17.8 miles east of Fort Hancock in order to assist in the detection of illegal crossings.

2. At approximately 12:20 a.m. on July 24, 2003, the newly installed sensor was activated. Border Patrol agents quickly responded to the sensor activation.

3. Border Patrol Agent Eduardo de la Cruz ("Agent Cruz") was one of the five agents to respond to the July 24 sensor activation. Based on his seven years experience of working on drug smuggling cases as a Border Patrol agent, he knew that the sensor was located in an area that was frequently traversed by drug smugglers. Accordingly, Agent Cruz decided to look for vehicles that may be stationed in the area waiting to pick up potential drug smugglers.

4. Border Patrol Agent Omar Ortiz ("Agent Ortiz") was approximately thirty miles away from the sensor when he was notified of its activation. Rather than travel directly to the sensor, Agent Ortiz, a Border Patrol agent with six years experience, decided to travel on a road located just north of the sensor in order perform "sign cutting."² While traveling along the road just north of the sensor, Agent Ortiz observed fresh hoofprints. Given his extensive experience with tracking drug smugglers in this area, he knew that drug smugglers typically used horses to smuggle drugs through this specific area because of its rough terrain. Agent Ortiz thereupon notified the other Border Patrol agents who were investigating the sensor area indicating that he had discovered fresh hoofprints.

5. In response to Agent Ortiz's discovery of hoofprints, Agent Cruz traveled to the sensor and inspected the surrounding area. Agent Cruz soon discovered fresh hoofprints. The fresh hoofprints appeared to have been created by at least one horse that was traveling toward the area that Agent Ortiz was investigating. Shortly after finding the hoofprints near the sensor, Agent Ortiz notified Agent Cruz that he discovered four burlap sacks containing marijuana near the frontage road south of Interstate 10.

6. Upon hearing about the discovery of the marijuana, Agent Cruz traveled toward the frontage road and parked his vehicle on the side of the road. Since the burlap sacks were located a short distance from the frontage road, Agent Cruz and Border Patrol Agent Arnold ("Agent Arnold") dragged the burlap sacks to the Agent Cruz's vehicle. As they transported the burlap sacks to the frontage road, Agent Cruz observed a Ford Escort traveling abnormally slow towards Agent Cruz's vehicle.

7. Agent Cruz then illuminated his flashlight at Defendant, the driver and single passenger of the Ford Escort. Upon realizing that Agent Cruz was on the frontage road, Defendant's eyes opened widely and he immediately began to accelerate his speed.

8. Given the fact that it was approximately 1:00 a.m., the fact that the Defendant was driving down a clearly marked dead-end road that was typically only used by ranchers during the day, the fact that Defendant reacted strangely when the vehicle was illuminated, and the fact that Border Patrol agents had lost two prior loads in the same area within the recent past few weeks, Agent Cruz was suspicious of the vehicle. Agents Cruz and Arnold decided to get into Agent Cruz's vehicle, turned on their emergency flashers, and then stopped Defendant's vehicle.³ Upon approaching the vehicle, Agent Cruz identified himself as a Border Patrol agent and asked Defendant about his immigration status. Defendant then produced his resident alien card verifying his legal status in the United States. Agent Cruz observed Defendant who appeared to be very nervous, his hands visibly shaking and his neck was "bulging out" as he held his resident alien card.

9. Agent Cruz, aware that the direction of Defendant's travel lead to a dead-end, then asked Defendant why he was traveling westbound on the frontage road. Defendant responded that he was moving from El Paso, Texas to Midland, Texas. Aware that Midland, Texas was east of El Paso, Agent Cruz again asked Defendant why he was traveling westbound. Defendant then responded that his Ford Escort started to have problems as he was traveling back to Midland (eastbound) so he had decided to get off on the frontage road and return to El Paso (westbound) so that he could get the vehicle serviced.⁴ When Agent Cruz inquired why Defendant was not carrying any personal items (like luggage) which one might be carrying when leaving one location for another, and Defendant responded that he had already moved to Midland and that he had returned to El Paso to recover something he left behind.

10. In order to ensure that Defendant would not attempt to drive away, Agent Cruz asked Defendant to exit the vehicle. After Defendant exited the Ford Escort, Agent Cruz apprised Defendant of his rights in Spanish and explained that he was not under arrest. Agent Cruz then asked Defendant for consent to search the Ford Escort. Defendant then stated that he had just purchased the vehicle that evening and did not know what was in the vehicle, but he consented to the search. During the search, Agent Arnold discovered a two-way radio underneath the driver's seat and two cellular phones lying on the passenger seat, the presence of which are consistent with drug trafficking.⁵

11. Agent Cruz then confronted Defendant and explained to him that the Defendant's actions, as well as the evidence in the vehicle, seemed to be consistent with individuals involved in a drug trafficking conspiracy based upon his extensive experience.

12. Defendant then voluntarily admitted that he was in fact involved in a drug conspiracy to import a controlled substance. Defendant, however, explained that his role in the conspiracy was limited to driving the Ford Escort to mile marker 92 and then contacting another member of the drug conspiracy who would then pick him up. Defendant also indicated that the other members of the conspiracy intended to use his Ford Escort to transport the controlled substance which had recently been illegally smuggled into the United States to another destination.

II. CONCLUSIONS OF LAW

A. Introduction

The Court must initially address whether Agents Cruz and Arnold had reasonable suspicion to conduct an investigatory detention of Defendant. Defendant argues that Agents Cruz and Arnold did not have reasonable suspicion to stop him. The Government responds that reasonable suspicion did exist to stop Defendant given the totality of the circumstances.

The Court must then consider whether the Border Patrol agents had the statutory authority to arrest Defendant. Defendant asserts, as an alternative argument, that even if the Border Patrol agents had reasonable suspicion to stop the vehicle, they lacked the statutory authority to arrest him because the Border Patrol agents suspected him of committing a drug trafficking offense, not violating the immigration laws. In support of his position, Defendant contends that Congress intentionally limited the Border Patrol agents' arrest authority to conduct a search and seizure under the Immigration and Nationality Act, 8 U.S.C. § 1357, to ensure that the Border Patrol agents enforced the immigration laws of the United States. According to Defendant, the Immigration and Nationality Act empowers Border Patrol agents to stop suspected aliens under two limited circumstances, none of which were satisfied in this case. The Government, on the other hand, contends that the Border Patrol agents did act within the scope of its authority as defined by 8 U.S.C. § 1357. In the alternative, the Government asserts that Title 21 of the United States Code authorized the Border Patrol agents to arrest Defendant. Finally, the Government contends that even if the Court were to find that the Border Patrol agents lacked the statutory authority to arrest Defendant, the evidence should not be suppressed because the Border Patrol agents' conduct fell within the good faith exception to the exclusionary rule.

B. Whether Border Patrol agents had reasonable suspicion to conduct an investigatory detention

1. Fourth Amendment

The Fourth Amendment to the United States Constitution guarantees "[t]he right of the people to be secure in their...