United States v. Jimenez-Robles

• Decision Date: 13 April 2015
• Docket Number: No. 14–cr–20670.,14–cr–20670.
• Citation: 98 F.Supp.3d 906
• Parties: UNITED STATES of America, Plaintiff, v. Alfredo JIMENEZ–ROBLES, Defendant.
• Court: U.S. District Court — Eastern District of Michigan

98 F.Supp.3d 906

UNITED STATES of America, Plaintiff
v.
Alfredo JIMENEZ–ROBLES, Defendant.

No. 14–cr–20670.

United States District Court, E.D. Michigan, Southern Division.

Signed April 13, 2015.

98 F.Supp.3d 908

Brandon M. Bolling, United States Attorney's Office, Detroit, MI, for Plaintiff.

Federal Defender, Penny R. Beardslee, Federal Defender Office, Detroit, MI, for Defendant.

OPINION AND ORDER REGARDING DEFENDANT'S MOTION TO SUPPRESS

GERALD E. ROSEN, Chief Judge.

I. INTRODUCTION

Defendant Alfredo Jimenez–Robles, a Mexican citizen, is charged in a one-count Information with Unlawful Re-entry after having been previously excluded, deported and removed from the United States, in violation of 8 U.S.C. § 1326(a). On December 19, 2014, through counsel, Jimenez–Robles filed the instant “Motion to Suppress Statements and for an Evidentiary Hearing.” In this motion, Defendant challenges statements made to a Boarder Patrol Agent on October 10, 2014 claiming that the statements must be suppressed because he was not read his Miranda rights before he made them. The Government responded to Defendant's motion. On February 4, 2015, the Court conducted an evidentiary hearing on the matter, at which it heard the testimony of United States Border Patrol Agent Christopher Cole. At the conclusion of the hearing, the Court ordered supplemental briefing, and took the matter under advisement. The parties have complied with the Court's order and supplemental briefs have been filed by both the Government and Defendant.

Having now had the opportunity to review and consider the parties' briefs, the arguments of counsel, the testimony and the evidence submitted at the hearing held on February 4, 2015, and the Court's entire record of this matter, the Court is now prepared to rule on Defendant's Motion. This Opinion and Order sets forth the Court's ruling.

II. PERTINENT FACTS¹

Alfredo Jimenez–Robles entered the United States illegally somewhere near Laredo, Texas in late April or May 2014. Jimenez–Robles had previously illegally entered the United States several times, and after several arrests by the U.S. Border Patrol—most of which resulted in Jimenez–Robles simply being allowed to voluntarily return to Mexico—on April 16, 2014, he was formally removed through the Laredo, Texas Port of Entry.² However,

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six months later, on October 10, 2014, he was found in Michigan by agents of the Combined Hotel Interdiction Enforcement (CHIEF) Task Force who at the time were engaged in an ongoing investigation of drug and bulk smuggling in Southeast Michigan. Jimenez–Robles was taken into custody after he was stopped by Task Force Agents on I–94 in Jackson County for having committed several traffic violations.

During the course of their CHIEF Task Force investigation, agents apparently became interested in the activities of Jimenez–Robles based on a tip from a confidential informant. On October 9, 2014, Task Force Agent Tim Yobak learned from personnel at a certain Motel 6 in the Detroit area that Defendant was registered at the motel and had paid for a one-night stay with cash. Intelligence checks were conducted which revealed that Jimenez–Robles had previously been deported no fewer than four times and that on October 9, 2014 he was also deportable.

Surveillance of the Defendant was established the morning of October 9, 2014. At approximately 1:40 p.m. on that date, Defendant was observed as he exited the motel and got into a 2013 gold-colored Hyundai. Task Force agents followed as Jimenez–Robles drove directly to the MGM Grand Casino parking garage in Detroit and entered the casino, where he stayed and played craps for an extended period of time. He was observed returning to his car several times, each time seen entering the car and reaching toward the glove compartment upon entry, apparently to obtain more currency to continue gambling.

At approximately 10:15 a.m. the next day, October 10, 2014, Jimenez–Robles finally left the casino, got back into his car, and drove to I–96 and Outer Drive. He slept in his car at that location for several hours, then at approximately 2:15 p.m., he departed that spot and proceeded west on I–96 to I–94, then continued west on I–94 until approximately 3:00 p.m., when he was stopped by TFA Yobak near Exit 130 in Parma, Michigan “because of several improper lane changes and improper lane use.” [Yobak report, Government Ex. 1.] When questioned about Yobak's reason for traffic stop, Border Patrol Agent Christopher Cole, who is also a member of the CHIEF Task Force, testified that “Agent Yobak does not have authority to pull somebody over for immigration violation.” [2/14/15 Hearing Tr., p. 11.]

After effecting the stop of Defendant's vehicle, TFA Yobak made contact with Defendant and positively identified him as Jimenez–Robles. [Yobak report, p. 3.] According to Yobak, Defendant verbally consented to a search of his car. Id. TFA

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Dave Toler handcuffed Defendant and Defendant's car was then driven to a safer location at the freeway exit for the search. Id. Defendant was kept out of the car during the search.³ BPA Cole was then called to the scene. The Government admitted at the hearing that Cole was called to the scene because of the possibility, if not the probability, that Jimenez–Robles was again in the country illegally. [See 2/4/15 Hrg. Tr., p. 7.] Cole testified that he arrived approximately ten minutes after he was called.

BPA Cole, who had just been assigned to the CHIEF Task Force a few months earlier, in June or July 2014, testified that all of the Task Force members involved in the investigation of the Defendant had been briefed several hours before Jimenez–Robles was stopped as to Defendant's activities and the data base checks that indicated Jimenez–Robles might be in the United States illegally. Cole specifically testified that he had been told well prior to arriving on the scene of the stop that Defendant had been previously deported.

Cole further testified that there were as many as eight agents involved at the high point of the stop, and that when he arrived on the scene, the other agents asked him to watch Jimenez–Robles while they searched his car. Accordingly, Cole took custody of Defendant while the search was conducted, and proceeded to question Defendant.

Like the other agents on the scene, BPA Cole was in plain clothes when he arrived, wearing his Border Patrol badge around his neck. Cole stated that he did not recall Jimenez–Robles being in handcuffs when he arrived, and that no weapons were drawn.

Cole testified that before he arrived at the scene, he already had reason to believe that Jimenez–Robles might be in the country illegally and that his interaction with the Defendant was specifically designed to determine Defendant's identity and his immigration status. Cole further testified that he knew that if Jimenez–Robles made statements that indicated he was in the country illegally, such statements could give rise to criminal charges for violation of the immigration laws.

According to BPA Cole, in response to questions he asked Jimenez–Robles while the car was being searched, Jimenez–Robles told him that he was in the area visiting family, but he could not recall where his family lived. He then stated that he was visiting friends, but he could not recall where his friends lived. Cole asked Defendant if he was a U.S. Citizen to which Jimenez–Robles responded, “I'm working at it.” Cole then asked Defendant, “So, are you here legally right now?”, to which Jimenez–Robles responded, “No, I'm illegal.” Cole then placed Jimenez–Robles under arrest, secured an immigration detainer, and transported him to the Gibralter, Michigan Border Patrol Station for further processing.

According to BPA Cole, while Jimenez–Robles was being transported to the Gibralter Station, he stated to Cole, “Another Christmas in jail. That's ok, I'll be back.” Cole asked him, “You are going to come back? Even if the judge deports you?”, to which Defendant answered, “Fuck, yes! I have my family here.” Cole

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then asked, “How much does it cost to get smuggled back?”, to which Defendant responded, “About $3,000.00.” Cole then asked him, “Do you have that kind of money?”, to which Defendant replied, “No, but a guy, when I was in jail, told me how to make money really easy, and you guys will never catch me!” BPA Cole asked, “How?”, to which Defendant merely reiterated, “You guys will never catch me.”⁴

It was not until 9:00 p.m., the evening of Thursday, October 10, 2014, after arriving at the Gibralter Border Patrol Station, that Jimenez–Robles was read his Miranda rights, in English, by Supervisory BPA James Hudecki in the presence of BPA Cole. After being informed of his rights, Jimenez–Robles indicated he was willing to answer questions and did not wish to speak with a lawyer. He was also notified of his right to speak to the Mexican Consulate, which he also declined.

Defendant was administratively processed for reinstatement of his previous deportation, and he was remanded to the custody of the U.S. Marshals. On Monday, October 14, 2014, BPA Cole filed a criminal complaint...