U.S.A v. Vasquez, CR 09-693 SVW.

• Citation: 706 F.Supp.2d 1015
• Decision Date: 29 March 2010
• Docket Number: No. CR 09-693 SVW.,CR 09-693 SVW.
• Court: United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Central District of California
• Parties: UNITED STATES of America, Plaintiff,v.Erasmo Vasquez VASQUEZ, aka “Erasmo Vasquez,” aka “Jordan Isai Vasquez,” Eusebio Mantanic Chavez, aka “Gilberto Mata,” aka “Gilberto Mata Olivarez,” Tomasa Macaria Ajpop, aka “Tomasa Macaria Matul Ajpop,” Defendants.

706 F.Supp.2d 1015

UNITED STATES of America, Plaintiff,v.Erasmo Vasquez VASQUEZ, aka “Erasmo Vasquez,” aka “Jordan Isai Vasquez,” Eusebio Mantanic Chavez, aka “Gilberto Mata,” aka “Gilberto Mata Olivarez,” Tomasa Macaria Ajpop, aka “Tomasa Macaria Matul Ajpop,” Defendants.

No. CR 09-693 SVW.

United States District Court,

C.D. California.

March 29, 2010.

David L. Kirman, U.S. Attorney's Office, Los Angeles, CA, for Plaintiff.

Shaun Khojayan, Shaun Khojayan and Associates, Beverly Hills, CA, William R. Domnarski, William R. Domnarski Law Offices, Riverside, CA, Gregory Nicolaysen, Gregory Nicolaysen Law Offices, Encino, CA, for Defendants.

AMENDED ORDER DENYING DEFENDANTS' MOTION TO SUPPRESS; FINDINGS OF FACT AND CONCLUSIONS OF LAW [63]

STEPHEN V. WILSON, District Judge.

I. INTRODUCTION AND PROCEDURAL HISTORY

On July 21, 2009, the United States (“Plaintiff” or the “United States”) filed an eight-count criminal indictment against Defendants Erasmo Vasquez Vasquez (“Vasquez”), Eusebio Mantanic Chavez (“Chavez”), and Tomasa Macaria Ajpop (“Ajpop”). Count one charges Defendants for conspiracy under 8 U.S.C. § 1324(a)(1)(A)(v)(I). Counts two through eight charge Defendants with harboring and concealing seven illegal aliens for private financial gain, under 8 U.S.C. §§ 1324(a)(1)(A)(iii), (a)(1)(B)(i).

On November 2, 2009, Vasquez filed a motion seeking to suppress all evidence derived from the warrantless entry and search of the residence at 36540 Clearwood Court, Palmdale, California, 93550 (“the Clearwood Court residence”) on July 8, 2009. Vasquez also sought to suppress all evidence seized during a search of the Clearwood Court residence on July 9, 2009, conducted pursuant to a warrant. Vasquez contends that: (1) the initial warrantless entry and search of the Clearwood Court residence was without probable cause and no exigent circumstances existed to justify the entry, and (2) the July 9, 2009 search was unlawful because the search warrant was based almost entirely on the fruits of the warrantless search the day before. On December 3, 2009, Defendant Chavez joined in Vasquez's motion to suppress.¹

The United States contests each of the points raised by Defendants, and further argues that neither Vasquez nor Chavez had a legitimate expectation of privacy in the Clearwood Court residence, and therefore cannot challenge the warrantless entry or the subsequent search under the Fourth Amendment.

An evidentiary hearing on the motion to suppress was held on December 17, 2009. The Court allowed supplemental briefing, per Defendants' request, on the issue of standing.

Having read and considered all the evidence and argument, the Court finds that Defendants do not have standing to challenge the entry and searches of the Clearwood Court residence. Thus, the Court DENIES Defendants' motion to suppress.

II. FACTUAL FINDINGS

The Court makes the following factual findings.

Sometime between February 5, 2009 and March 5, 2009, Defendant Vasquez illegally entered the United States with the assistance of alien smugglers, often known as “coyotes.” Vasquez's ultimate destination was Florida, as he had family living there.

On March 5, 2009, a coyote known to Vasquez only by his nickname, “El Chango,” brought Vasquez to the residence located at 36540 Clearwood Court in Palmdale, California (“the Clearwood Court residence”). Vasquez was brought to the Clearwood Court residence, rather than to Florida, because Vasquez had not paid the total of his smuggling fees. Vasquez's family had paid $3,000 to the smugglers, leaving a balance of $2,500.

After Vasquez had been at the Clearwood Court residence for about two weeks, he was offered a job cleaning the house and taking care of the yard to work off his smuggling debt. Vasquez was told that he would be taken to Florida after he worked off his debt. Defendants introduced no evidence as to who made Vasquez this offer.

Vasquez accepted the offer and began cleaning the house and the yard. Vasquez slept at the Clearwood Court residence every night from March 5, 2009 to July 8, 2009 and performed these tasks. Vasquez was permitted to leave the residence to do shopping and other errands for the coyotes.²

Vasquez was given a room to stay in at the Clearwood Court residence, which he shared with another person. The room had a door. Vasquez also kept his clothes at the residence. He did not spend the night anywhere else during the four months between March 5, 2009 and July 8, 2009.

Defendant Chavez entered the United States illegally sometime on or about March 20, 2009. Chavez was from Guatemala. On March 20, 2009, alien smugglers brought Chavez to the Clearwood Court residence, where he would stay until he could pay off his smuggling debt.

Like Vasquez, Chavez performed various tasks or chores around the house to pay off his debt. Chavez slept at the Clearwood Court residence every night from March 20, 2009 to July 8, 2009.³

During this time, dozens of other illegal aliens who had been smuggled into the country were staying at the Clearwood Court residence until such time as their relatives paid their smuggling fees. As many as 30 or 40 illegal aliens stayed at the residence at any given time. During the four months that Vasquez and Chavez stayed at the Clearwood Court residence, hundreds of different people stayed overnight there. It is unclear who owned or leased the Clearwood Court residence.

On July 8, 2009, at approximately 3:00 p.m., the Los Angeles Sheriff's Department (“LASD”) received a call from a man who said he was calling on behalf of an alien recently released from an “alien drop house.” A transcript of the call and an audio recording was produced to the Court, and the contents of the transcript are not in dispute.

The unidentified caller described the alien drop house as a place where coyotes bring illegal aliens across the border and hold them until the aliens' relatives pay ransom for their release. The caller said that the man on whose behalf he was calling (who was in the room with the caller) had been in the drop house for a week or a month until his mom picked him up on July 7, 2009. The caller said there were still roughly thirty to forty aliens in the house. After a few minutes, the caller passed the phone to the alien who had been released from the drop house.

The alien identified himself as “Willy” and gave the officer a phone number where he could be reached. He described that there were three Hispanic men and one Hispanic woman holding illegal aliens at the drop house. The woman was the one who made the food. He didn't know the smugglers' names, only that one was called “Lacho.” Willy stated that the aliens were all locked in a room and that everything in the house was sealed, including the windows and air conditioners.

Willy told the LASD officer that he did not see anyone with guns while he was in the house, but that the coyotes threatened to kill the aliens that tried to escape. The smugglers also told Willy's mother that if she did not pay the smuggling fee, they would drop Willy in the desert “you know, probably dead.” Willy said he assumed the smugglers had guns, although he had not seen them. Willy then gave a physical description of the men as 5'5? and about 240 pounds.

Willy told the dispatch officer that the address of the drop house was 36540 Clearwood Court, Palmdale, CA 93500. He told the officer that there were roughly thirty to forty people still there and that three were children. Willy said every day new aliens are brought in and out. Neither Willy nor the initial caller was known to the LASD prior to the call.

On the basis of Willy's tip, the LASD sent a radio dispatch to LASD officers regarding the Clearwood Court residence. At approximately 3:00 p.m. on July 8, 2009, Deputies Reader and McGaughey received the radio dispatch in the digital terminal of their police car while they were driving around the city of Palmdale. The dispatch report included a radio code of 927c, which stands for “Check Vicinity.” The dispatch report indicated that an informant named Willy had given the LASD a tip. The report contained the following information: “Poss 40 illegal immigrants inside house. 3 MH/A and FH/A keep them locked inside until their relatives pay for their release. No wpns seen, however 422'd people if they try to leave.” ⁴ Deputies Reader and McGaughey did not receive any information other than this dispatch report. Neither Deputy Reader nor Deputy McGaughey had any previous experience with alien smuggling operations.

Deputies Reader and McGaughey arrived at 36540 Clearwood Court at approximately 3:13p.m. They observed that a typical two-story suburban residence was located at that address. Deputy Reader observed that windows in the living room and above the garage were closed or blocked by curtains, shades, or other materials such that the deputies could not see inside. One window above the front door was not blocked. Neither of the deputies heard or saw anything happening inside the house that would indicate that there was any violence occurring inside.

The deputies went to the front door. Deputy Reader knocked loudly three times. Just as he knocked the third time, Deputy Reader announced, “Los Angeles County Sheriff's Department.” Then Deputy Reader heard sounds inside the house that sounded like footsteps coming down the stairs.⁵ No one came to the door.

Deputies Reader and McGaughey then started to walk around the side of the house, with Deputy McGaughey leading the way. At about this time, Deputy Reader received radio traffic from Deputy Thorpe, who was positioned on a street to the rear of the house. Deputy Thorpe told Deputy Reader that a man was running away from the residence, eastbound from the house through a backyard.

Meanwhile, Deputy McGaughey came around the side of the house into the backyard and saw two persons, a Hispanic man and woman, walking quickly toward the back of the yard, where a 5-6 foot wall surrounded the yard. Deputy...