United States v. Zarate

• Decision Date: 03 July 2019
• Docket Number: No. 18-CR-2073-CJW,18-CR-2073-CJW
• Parties: UNITED STATES OF AMERICA, Plaintiff, v. ADRIAN ALEXANDER ZARATE, Defendant.
• Court: U.S. District Court — Northern District of Iowa

UNITED STATES OF AMERICA, Plaintiff,
v.
ADRIAN ALEXANDER ZARATE, Defendant.

No. 18-CR-2073-CJW

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF IOWA EASTERN DIVISION

July 3, 2019

REPORT AND RECOMMENDATION ON DEFENDANT'S MOTION TO SUPPRESS

TABLE OF CONTENTS

I. INTRODUCTION ........................................................................... 4

II. FINDINGS OF FACT ...................................................................... 4

III. ANALYSIS ................................................................................... 9

A. The Parties' Arguments ........................................................... 9

B. The Warrantless Entry of the Hotel Room and Seizure of Defendant ................................................................................. 11

1. The Search ................................................................. 12
2. The Seizure ................................................................. 13

a. Public Place ........................................................ 15
b. Probable Cause .................................................... 16
c. Exceptions to the Warrant Requirement ...................... 16

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i. Exigent Circumstances .................................. 17

A. Officer Safety .................................... 18
B. Destruction of Evidence ......................... 21
C. Protective Sweep ................................. 22

ii. Conclusion ................................................. 24

d. The Seizure of Defendant was Unconstitutional ............ 24

C. Suppression of Evidence ......................................................... 25

1. Defendant's Statements .................................................. 26

a. Defendant did not Waive his Miranda rights ................ 26
b. Statements Made in the Hallway ............................... 31
c. Statements Made at the Waterloo Police Station ............ 35

2. Ms. Patterson's Statements .............................................. 41
3. The Search of Defendant's Person .................................... 46

D. The Search Warrants for the Hotel Room and Defendant's Urine ...... 46

1. Warrant for Hotel Room ................................................. 47
2. Warrant for Defendant's Urine ......................................... 54
3. Leon Good Faith Exception ............................................. 58
4. Conclusion on Warrants as Written ................................... 60
5. Independent Source Doctrine ........................................... 61

a. Warrant for Hotel Room ........................................ 62

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b. Warrant for Defendant's Urine ................................ 65

IV. CONCLUSION ......................................................................... 67

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I. INTRODUCTION

The matter now before me is Defendant's Motion to Suppress Evidence. (Doc. 47.) On December 19, 2018, the Grand Jury charged Defendant with Possession of a Firearm by a Drug User, in violation of 18 U.S.C. Sections 922(g)(3) and 924(a)(2), and Possession of a National Firearms Act Device Not Registered to Possessor, in violation of 26 U.S.C. Sections 5841, 5861(d), and 5871. (Doc. 3.) The charges arose from statements Defendant made during custodial interviews on October 11, 2018 and searches of a hotel room, vehicle, and urine specimen conducted on October 11, 2018 pursuant to search warrants issued by the Honorable David F. Staudt, Iowa District Court Judge.

The Honorable Charles J. Williams, United States District Court Judge, referred this motion to me for a Report and Recommendation. On March 22, 2019, I held an evidentiary hearing on Defendant's motion. The Government called as witnesses Waterloo, Iowa Police Officer Jordan Ehlers and Waterloo, Iowa Police Sergeant Robert Duncan. Defendant called Waterloo, Iowa Police Department Investigator Diana Del Valle.

For the following reasons, I respectfully recommend that the Court GRANT in part and DENY in part Defendant's Motion to Suppress.

II. FINDINGS OF FACT

On October 10, 2018, Waterloo Police Department Investigator Diana Del Valle received a tip from a confidential informant ("CI") that Defendant possessed a sawed-off shotgun; various bladed weapons; and methamphetamine, likely a personal-use amount. (Gov. Ex. 1 at 1; Diana Del Valle Hr'g Test.¹; Jordan Ehlers Hr'g Test.) The CI also informed Investigator Del Valle that Defendant and a woman were staying at the Isle of Capri Casino Hotel in Waterloo, Iowa. (Gov. Ex. 1 at 1, 4.) Investigator Del Valle

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personally observed Defendant in the passenger seat of a maroon Hyundai Santa Fe on October 10, 2018, at around 5:00 p.m. (Id. at 1.) After losing sight of the vehicle, Investigator Del Valle telephoned Officer Jordan Ehlers later that evening to inform him of the tip. Officer Ehlers then informed the other officers working the same shift. (Id. at 1; Del Valle Hr'g Test.) Investigator Del Valle reported that the CI said Defendant was "heavily under the influence of methamphetamine and acting crazy." (Ehlers Hr'g Test.)

Sergeant Robert Duncan located a maroon Hyundai Santa Fe with license plates matching those of the vehicle registered to Sierra Patterson in the parking lot of the Isle of Capri Casino Hotel around 12:47 a.m. on October 11, 2018. (Gov. Ex. 1 at 1, 4.) Sergeant Duncan peered through both the driver's side and passenger's side windows and saw what he believed to be the barrel of a sawed-off shotgun between the driver's seat and driver's door. (Id. at 4; Del Valle Hr'g Test.) Sergeant Duncan testified that based on his training and experience, the gun barrel appeared too short to be legal under both Iowa and federal law. (Robert Duncan Hr'g Test.) Sergeant Duncan notified Officer Ehlers of the location of the vehicle and that there appeared to be a weapon inside. (Gov. Ex. 1 at 4.)

When Officer Ehlers and Sergeant Steven Bose arrived at the vehicle, Officer Ehlers also looked into the vehicle and noticed what he believed to be a sawed-off shotgun on the floor between the driver's seat and front driver's side door. (Id. at 1; Ehlers Hr'g Test.) Officer Ehlers could tell by looking at the shotgun that it was illegal under state and federal law. (Ehlers Hr'g Test.)

After other officers arrived to secure the vehicle, Officer Ehlers, Sergeant Duncan, and Sergeant Bose entered the casino hotel, spoke with staff, and learned that Defendant was staying in room 808. (Gov. Ex. 1 at 1, 4.) Officer Ehlers called room 808, pretending to be a hotel employee, and discovered Defendant and a woman were in the room. (Ehlers

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Hr'g Test.) The officers directed a hotel staff member to knock on the door to room 808 while the officers stood out of view of the door's peephole to maintain their ruse. (Id.) The hotel staff made three successive attempts to induce Defendant to open the door, knocking while announcing, "Hotel front desk." (Gov. Ex. 8 at :40-2:18.) As they were waiting for someone to answer, Officer Ehlers could hear people moving around inside the room, but heard no noises that made him believe that evidence was being destroyed. (Ehlers. Hr'g Test.) After the third attempt, Defendant opened the door. (Gov. Ex. 8 at 2:32.)

Sergeant Duncan entered the room with his handgun drawn and told Defendant and the female occupant, Sierra Patterson, to put their hands up.² (Gov. Ex. 11 at 2:28-2:32; Gov. Ex. 1 at 4.) As Defendant stood in the room near the doorway with his hands raised, Officer Ehlers grabbed Defendant's right arm and pulled Defendant out of the room and onto the floor of the hallway. (Gov. Ex. 8 at 2:33-2:40; Gov. Ex. 11 at 2:30.) Officer Ehlers handcuffed Defendant, told him he was being detained, and patted him down for weapons, but found no weapon or contraband. (Gov. Ex. 8 at 2:40-3:32; Gov. Ex. 1 at 1.) From memory, Officer Ehlers recited Defendant his Miranda rights as follows:

You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have a right to talk to an attorney and have one present with you when you're being questioned. If you cannot

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afford to hire an attorney, one will be appointed to represent you, if you wish. Do you understand these rights I have read to you?

(Gov. Ex. 8 at 3:44-3:55.) Defendant made no audible response and Defendant's face is not visible on the body camera video. (Id. at 3:56.) Officer Ehlers wrote in his police report that Defendant "stated he understood." (Gov. Ex. 1 at 1.) Officer Ehlers testified, however, that Defendant had "nodded his head." (Ehlers Hr'g Test.) On the video, after reciting the Miranda warning, there is a pause before Officer Ehlers began questioning Defendant. Officer Ehlers then told Defendant that they knew "illegal activities were going on." (Gov. Ex. 8 at 4:54.) Officer Ehlers asked if officers could search the hotel room. Defendant denied permission for the search. (Id. at 6:19; Gov. Ex. 1 at 1.) When Officer Ehlers mentioned obtaining a search warrant, Defendant admitted that a .380 handgun he had purchased was in the hotel room. (Gov. Ex. 8 at 7:06; Gov. Ex. 1 at 1.) At that point, Officer Ehlers arranged to have Defendant transported to the police station and performed another pat search of Defendant. During this search, Officer Ehlers found a glass pipe in Defendant's pants pocket. (Gov. Ex. 1 at 1; Ehlers Hr'g Test.)

Meanwhile, Sergeant Duncan spoke with Ms. Patterson inside the hotel room after placing her in handcuffs and Mirandizing her. (Gov. Ex. 1 at 4; Gov. Ex. 11.) In response to his questions, Ms. Patterson informed officers there was a ".38" handgun and marijuana in the room, as well as a .410 shotgun in her vehicle. (Gov. Ex. 1 at 4.) Officer Ehlers asked Ms. Patterson about Defendant's drug use. He said he was asking because Defendant "had a meth pipe on him and he seems like he's a little shook up." (Gov. Ex. 8 at 15:15, 16:34.) During the time Sergeant Duncan was speaking to Ms. Patterson, Sergeant Bose was also in the...