United States v. Salazar

• Decision Date: 23 March 2017
• Docket Number: Case No. 16-cr-264 (SRN/HB)
• Citation: United States v. Salazar, Case No. 16-cr-264 (SRN/HB) (D. Minn. Mar 23, 2017)
• Parties: United States of America, Plaintiff, v. Iliana Yukie Salazar (4), Defendant.
• Court: U.S. District Court — District of Minnesota

United States of America, Plaintiff, v. Iliana Yukie Salazar (4), Defendant.

Case No. 16-cr-264 (SRN/HB)

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA

March 23, 2017

REPORT AND RECOMMENDATION

Bradley M. Endicott, United States Attorney's Office, 300 South Fourth Street, Suite 600, Minneapolis, MN 55415, for United States of America

Robert A. Lengeling, 310 Fourth Avenue South, Suite 1050, Minneapolis, MN 55415, for Iliana Yukie Salazar.

HILDY BOWBEER, United States Magistrate Judge

This matter is before the Court on Defendant Iliana Yukie Salazar's Motion to Suppress Statements[Doc. No. 81] and Motion to Suppress Evidence Obtained from Search and Arrest Warrants¹[Doc. No. 83].Salazar's non-dispositive motions were addressed in a separate Order[Doc. No. 105].The matter has been referred to the undersigned for a Report and Recommendation under 28 U.S.C. § 636andDistrict of Minnesota LocalRule 72.1(a).

I.Procedural Background

On October 4, 2016, DefendantIliana Yukie Salazar was charged by Indictment with one count of conspiracy to distribute methamphetamine and one count of possession with intent to distribute methamphetamine.(Indictmentat 1-3[Doc. No. 1].)Salazar filed the motions to suppress on November 16, 2016.The Government opposed the motions.

The Court held the pretrial motion hearing on January 3, 2017[Doc. No. 101].During the hearing, the Government called Detective Freddy Muñoz.The Government also submitted the following seven exhibits: (1) Application, affidavit, and warrant for tracking device (March 2016)(Gov'tEx. 1)(hereafter March 2016 cellphone warrant); (2) Application, affidavit, and warrant for tracking device (May 2016)(Gov'tEx. 2)(hereafter May 2016 cellphone warrant); (3) Application, affidavit, and search warrant for Georgia residence (Gov'tEx. 3); (4) Application, affidavit, and search warrant for Anoka County residence (Gov'tEx. 4); (5) Transcript of post-Miranda statement (Gov't Ex. 5); (6) Miranda Warning/Waiver of Rights Form (Gov'tEx. 6); and (7) Audio CD of Salazar statement (Gov'tEx. 7).Salazar did not call any witnesses or submit any exhibits.

Salazar submitted supplemental post-hearing briefing in support of her motions on January 31, 2017[Doc. No. 115].The Government submitted its supplemental memorandum in opposition on February 22, 2017[Doc. No. 122].The Court took the motions under advisement at that time.

For the reasons set forth below, the Court recommends that both motions be denied.

II.Relevant Facts

A.Investigation and Search Warrants in Minnesota and Georgia

In March 2016, Special Agent Andrew Johnson of the Minnesota Bureau of Criminal Apprehension applied for the installation of "a pen register, trap and trace device including caller identification, electronic tracking device, and/or cellular tower location and service information, including services such as Global Positioning System (GPS) technology, precision location related technologies, and/or a tracking warrant" for Salazar's cell phone.(Gov'tEx. 1.)In his affidavit in support of the application, Special Agent Johnson affirmed that he had learned Salazar had a major role within a drug trafficking organization.(Id. at 3.)Specifically, he had obtained bank documents that showed approximately $92,000 in cash passed through her bank accounts over a two-month period of time.(Id.)He also obtained documents that showed she sent money through electronic money transfers to various subjects in the San Luis Rio Colorado, and Sonora, Mexico regions.(Id.)Special Agent Johnson also included text messages between an individual known as "Lil" and a subject who had been arrested for possessing more than 100 grams of methamphetamine.(Id. at 3-4.)Based on his experience and expertise, Special Agent Johnson stated he believed the text messages, which included one in which "Lil" texted her bank account number to the other individual so that individual could deposit money into the account, pertained to the coordination of a drug payment.(Id.)Special Agent Johnson affirmed that he also knew Iliana Salazar as "Lil."(Id. at 4.)Additionally, one of the messages from the phone number Special Agent Johnson believed to be Salazar's stated "iliana y Salazar," which was followed by information for a savings bank account.(Id.)A Blue Earth County district court judge granted the application on March 17, 2016.(Id. at 8.)The same judge issued a second warrant for the same cell phone on May 20, 2016.(Gov'tEx. 2.)

During the pretrial hearing, Detective Freddy Muñoz of the Anoka County Sheriff's Office testified on behalf of the Government in opposition to Salazar's motion to suppress statements.(Tr.at 12[Doc. No. 109].)Detective Muñoz has been employed by the Anoka County Sheriff's Office since 2005, and during the events pertinent to this motion, he was a member of the Anoka-Hennepin Narcotics and Violent Crimes Task Force.(Id. at 13.)As a member of that task force, his duties included investigating narcotics and violent crimes as well as interviewing criminal suspects.(Id.)

On June 8, 2016, Detective Muñoz assisted the task force in executing a search warrant on a residence in Oak Grove, Minnesota.(Id. at 13-14, 18.)Detective Muñoz testified that Salazar resided in that house but was not present during the execution of the search warrant.(Id. at 14.)During the execution of the search warrant, officers discovered and seized approximately ten pounds of methamphetamine.(Id.)

After police seized the methamphetamine, they tracked Salazar's cell phone to a suburb near Atlanta, Georgia.(Id. at 16.)Minnesota law enforcement coordinated with Georgia law enforcement to monitor Salazar's whereabouts via her phone and likely vehicle.(Id.;Gov't Ex. 4at 2.)Georgia police eventually located Salazar and detained her during a traffic stop.(Gov't Ex. 4at 1.)They then applied for a warrant to search theresidence Salazar had just left and there recovered 32.01 pounds of methamphetamine.(Id. at 8;Gov't Ex. 4at 2.)

B. Salazar's Post-Arrest Statement

On June 10, 2016, Detective Muñoz traveled to Georgia to speak with Salazar in the Gwinnett County Jail.(Tr.at 18-19.)Detective Muñoz spoke to Salazar along with Special Agent Johnson, Special Agent Anthony Fletcher, also of the Minnesota Bureau of Criminal Apprehension, and Detective Ross of the Lilburn (Georgia) Police Department.(Id. at 19-20;Gov'tEx. 4.)They conducted the interview in an office-style room, with a desk and windows.(Tr.at 19-20.)The officers conducted the interview in English, and Special Agent Johnson began the interview by reading Salazar her Miranda rights, i.e., that she had the right to remain silent, that anything she said could be used against her in court, that she had the right to an attorney, and that if she could not afford an attorney one would be appointed for her.(Id. at 20-21;Gov't Ex. 5at 1.)Special Agent Johnson then asked Salazar if she had any questions, and she replied no.(Tr.at 22.)

After the interview began, Salazar told the interviewers that she could not focus because she had not taken her medication.(Gov't Ex. 5at 5.)She stated that she took medication for migraines, anxiety, and depression and that she had just seen a nurse at the facility, but had not yet received any medication.(Id.)Later during the interview, she again stated that she was not focusing.(Id. at 8.)After answering several additional questions, Salazar described her headache as having lasted for days and stated that the facility had not allowed her to take her medication.(Id. at 9-10.)She continued to answer questions, however.As the interview drew to a conclusion, Salazar again statedthat she could not focus.After a few more questions, the interrogating officers told her they had discovered drugs in the house to which she had been connected while in Georgia, and that 10.5 pounds of methamphetamine had been found in a search of her Minnesota residence.At those revelations she invoked her right to remain silent and to speak to an attorney.(Id. at 12-14.)

Detective Muñoz testified at the motions hearing that Salazar appeared calm throughout the interview, although she mentioned she had a headache.(Tr.at 22.)Detective Muñoz also testified that she appeared to understand the questions asked of her, gave normal responses, and appeared coherent throughout the interview.(Id. at 23.)The interview lasted approximately twenty minutes.(Id. at 24.)

At the end of the interview, after Salazar invoked her Miranda rights, Special Agent Johnson handed Salazar a "Miranda Warning/Waiver of Rights" form (Gov'tEx. 6), stating that he was "gonna have you sign it, just acknowledging that I read it to ya, okay?"(Gov't Ex. 5at 14.)He went on to explain "And then after you read it, said that you understand (inaudible), go ahead and check 'em if you will, just acknowledging that you understand it.Make sure I read it and explained it."(Id.)

The form had two sections, one headed "Miranda Warning" and the other headed "Waiver of Rights (Renuncia de Derechos)."In the "Miranda Warning"section, Salazar placed a checkmark next to statements that told her in both English and Spanish that she had the right to remain silent, anything she said could and would be used against her in a court of law, she had the right to talk to a lawyer, and if she could not afford a lawyer, one would be appointed to her free of charge.(Tr. 28;Gov'tEx. 6.)She did not,however, place a checkmark by the statement that told her she could "decide at any time to exercise these rights and not answer any questions or make any statement."(Gov'tEx. 6.)

In the "Waiver of Rights"section, there were three additional statements, also set forth in both English and Spanish, and each preceded with a blank for a checkmark or other indication of agreement or acknowledgement: (1) "I understand each of the above rights that have been read to me; (2)"Having...