United States v. Roldan-Marin
| Decision Date | 01 October 2019 |
| Docket Number | CASE NO. 3:19-cr-00044 |
| Court | U.S. District Court — Southern District of Iowa |
| Parties | UNITED STATES OF AMERICA, Plaintiff, v. JUNIOR EMILIO ROLDAN-MARIN, Defendant. |
This matter comes before the Court pursuant to the Motion to Suppress Evidence (Dkt. No. 35) and supporting Brief (Dkt. No. 35-1) filed by Junior Emilio Roldan Marin ("Defendant") on August 6, 2019. The Government resisted the motion on August 19, 2019. Dkt. No. 48. This matter was referred to this Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) for report and recommendation by Chief Judge John A. Jarvey. Dkt. No. 51. Trial is set for November 4, 2019. Dkt. No. 47.
An evidentiary hearing was held on September 5, 2019. The Government appeared by Assistant U.S. Attorneys Andrea Glasgow and Cliff Cronk. Defendant appeared personally and with his attorney, Assistant Federal Defender Terry L. McAtee. The Court received Government's Exhibit 1 - Trial Court's Information for Defendant's domestic abuse assault conviction; Government's Exhibit 2 - Waiver and Plea Agreement for Defendant's domestic abuse assault conviction; Government's Exhibit 3 - Order of Judgment for Defendant's domestic abuse assault conviction; Government's Exhibit 4 - Clerk's Certificate for Defendant's domestic abuse assault conviction; Government's Exhibit 5 - Officer Jacob Belay's body camera video; Government's Exhibit 6 - Officer Ryan Schnackel's body camera video and Government's Exhibit 7 - search warrant and supporting documentation. Testimony was received from Officers Jacob Belay, Ryan Schnackel and Jared Harding, all of the Iowa City Police Department, and Kerry Walsh, Federal Public Defender's Office Investigator.
Due to the unavailability of a witness, a further evidentiary hearing was held on September 9, 2019. At that hearing, the Government appeared by Assistant U.S. Attorney Andrea Glasgow. Defendant appeared personally and with his attorney, Assistant Federal Defender Terry L. McAtee. Officer Travis Neeld of the Iowa City Police Department testified. The Court received Defendant's Exhibit A - a redacted version of the search warrant and Defendant's Exhibit B - a portion of Officer Neeld's body camera video from the date in question. The matter is now fully submitted.
This Magistrate Judge has carefully considered the record evidence, including viewing the entirety of each of the videos admitted into evidence, the arguments and statements of counsel and submits the following report. As set forth below, based on the facts presented and applicable law, it is recommended that the motion be denied.
Defendant was indicted on May 8, 2019, on one count of being a prohibited person in possession of firearms, in violation of 18 U.S.C. §§ 922(g)(3), 922(g)(8), 922(g)(9) and 924(a)(2). Dkt. No. 1. A superseding indictment was filed on August 7, 2019 for the same one count. Dkt. No. 40. This charge arose from a 911 call to police on December 9, 2018 by an individual reporting that a short Hispanic male, who resided at 2637 Indigo Court in Iowa City, Iowa, had gotten into an argument with the caller after the caller's friend had pulled in the driveway at 2637 Indigo Court. The caller reported that the male had retrieved a long gun, walked down to the caller's residence and threatened the caller and the caller's friend by pointing the long gun at them. The male then left the area in a red Dodge van.
The 911 dispatcher was able to locate a red Dodge Caravan registered to Cheryl Bautista at 2637 Indigo Court. Officer Belay heard the call and recognized Ms. Bautista's name as the female resident at 2637 Indigo Court. Officer Belay had previously responded to that address for domestic disputes between a white female and a Hispanic male. He further recalled having previously given Defendant a ride from this address to his mother's house at 2100 South Scott Boulevard. Based on his recollection, Officer Belay travelled to the South Scott Boulevard address.
When Officer Belay arrived at 2100 South Scott Boulevard address, he located a red Dodge Caravan parked in front of trailer #73. Officer Belay advised dispatch that he had located the vehicle, and other officers were dispatched to this location. After the other officers arrived, Officer Belay spoke with them about the situation. During this conversation, the Defendant came out of trailer #73 and began walking toward them. At that time, given the report of Defendant possessing a firearm and using it to threaten another, Officer Belay drew his weapon and ordered Defendant to his knees. Defendant complied, and another officer handcuffed Defendant.
Officer Belay asked Defendant what was happening. Defendant denied knowing why the police were there and said he had been moving a bed. Officer Belay then advised Defendant of his Miranda Rights. Defendant was advised he was not under arrest, but that he was being detained. Defendant continued to deny he knew why the police were there. Officer Belay and Defendant discussed a prior encounter, and about other people the officer could talk to such as Defendant's girlfriend and family.
Officer Schnackel placed Defendant in his squad car due to the low temperature, while Officer Belay and other officers spoke with those inside trailer #73. Defendant's nephew stated that he had been with Defendant at the Indigo Court residence and admitted there had been a confrontation with some of the neighbors but denied seeing Defendant with a firearm.
In the squad car, Defendant spoke with the officers regarding marijuana found on him, whether he will be arrested and why the police were there. During this period, the squad car radio was transmitting information and radio traffic was broadcast regarding a shotgun. Defendant stated he has a shotgun at the residence on Indigo Court because he went hunting that day. He indicated the shotgun was a 12-guage, it looked like an automatic rifle and he recently purchased a scope for it. Defendant told the officers he used the shotgun for hunting and at a gun range and it had been at the residence at Indigo Court since he purchased it.
Based on consent, the officers searched both the red Dodge van and trailer #73. The search did not locate any firearms but did locate spent shotgun shells inside the trailer. That same evening, Officer Harding obtained a search warrant for the residence at 2637 Indigo Court. During that search, officers located a 12-gauge shotgun and a shotgun shell.
At the hearing on September 5, 2019, Officer Belay testified he has been a police officer with the Iowa City Police Department for four and a half years. He is a field training officer, special response team member and a certified drug recognition expert. Officer Belay testified that, on December 9, 2018, he responded to a call for a weapon brandished at a neighbor at 2637 Indigo Court. Officer Belay was given a description of a Hispanic male who left the scene in a red van, information regarding the registered owner of the van and the license plate of the van. Officer Belay knew the registered owner from previous calls to the residence, and, at the previous calls, Defendant was present. At some of these calls, Officer Belay had taken Defendant to a second address on South Scott Boulevard, that is within Johnson County, but not Iowa City.
Because of the experience from these prior encounters, Officer Belay went to the South Scott Boulevard address believing he likely could find Defendant there. Upon arrival at the South Scott Boulevard address, Officer Belay found the red van. No one was in the red van, and Officer Belay radioed for more officers. Officer Belay testified that, at that point, he did not know where Defendant was or where any gun might be. Once the other officers arrived, Officer Belay met with them next to a squad car parked behind the red van to discuss how to proceed. During this meeting, Defendant came out of trailer #73 and Officer Belay immediately recognized him. Officer Belay immediately pointed his gun at Defendant, issued verbal commands to Defendant to show his hands because he did not know if Defendant was armed and ordered Defendant to his knees. Defendant complied with these commands and was handcuffed by another officer. Officer Belay agreed that, at this time, Defendant was not free to leave.
Due to the reports about the rifle and because he did not see any weapon, Office Belay questioned Defendant prior to issuing a Miranda warning to find out about the firearm. After this initial questioning, Officer Belay issued a Miranda warning to Defendant. The Defendant said he understood the Miranda warning, he understood his Miranda rights, and that he had read and heard Miranda rights previously. Officer Belay testified that he has always spoken to Defendant in English, he has never had any communication issues with him, and he was the only officer who spoke to Defendant initially.
Officer Belay did not remember how long Defendant was on his knees, but it was less than one minute. He agreed Defendant stated he did not know why the police were there. At no time did Defendant say he wanted to stop talking or wanted an attorney. Further, Officer Belay asserted that no physical violence or threats were made to Defendant by himself or anyone he saw. At this point, Office Belay went inside the trailer to talk to people to further the investigation, while Defendant was placed in Officer Schnackel's squad car.
Officer Schnackel testified he has been a patrol officer with the Iowa City Police Department for eleven and a half years. Prior to this employment, he was with the University of Iowa Police Department for four years. Officer Schnackel is a field training officer and works the evening shift.
On December 9, 2018, he was substituting for another field training officer and had an officer trainee with him while...
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