US v. Tehrani, Crim. No. 2:92-CR-102-01

Decision Date22 June 1993
Docket Number2:92-CR-102-02.,Crim. No. 2:92-CR-102-01
CourtU.S. District Court — District of Vermont
PartiesUNITED STATES of America, Plaintiff, v. Medhi TEHRANI and Amir Alaei, Defendants.

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Paul Van De Graaf, Asst. U.S. Atty., Burlington, VT, for U.S.

John Pacht, Hoff, Agel, Curtis, Pacht & Cassidy, P.C., Burlington, VT, for defendant Tehrani.

Bradley Stetler, Burlington, VT, for defendant Alaei.

OPINION AND ORDER

PARKER, Chief Judge.

On December 10, 1992, a federal grand jury handed down an indictment charging the defendants, Medhi Tehrani and Amir Alaei, with: (1) conspiring to knowingly possess counterfeit credit cards with intent to defraud in violation of 18 U.S.C. § 1029(a)(3); and (2) knowingly possessing counterfeit credit cards, and aiding and abetting the possession of twenty counterfeit credit cards, with intent to defraud, in violation of 18 U.S.C. § 1029(a)(3) and 18 U.S.C. § 2. The defendants filed motions to suppress based on violations of their Fourth Amendment rights and their rights under Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966).1 A hearing on the matter was held on May 10, 1993.

Findings of Fact

The Court finds from the evidence as follows:

1. On the morning of November 13, 1992, U.S. Border Patrol Agent Paul Moran ("Agent Moran") was assigned to the Burlington International Airport in Burlington, Vermont, for the purpose of detecting and apprehending illegal aliens.2 Agent Moran has eight years of experience with the Border Patrol. That morning he was dressed in plain clothes.

2. Vermont State Trooper Paul Cucinelli ("Trooper Cucinelli") was also present at the Burlington International Airport on the morning of November 13, 1992. He had been assigned to an interdiction unit for the purpose of viewing passengers' activities. In addition, he assisted Agent Moran upon request. The Vermont State Police Department maintains a office on the second floor of the airport terminal for the use of law enforcement personnel assigned to the airport interdiction unit.

3. Traffic was light at the airport terminal that morning. At approximately 10:30 A.M., Agent Moran was on the ground floor of the terminal and noticed three male persons of middle eastern descent enter through the center entrance. Because they were wearing "designer type" clothing and appeared to be of Middle Eastern descent, Agent Moran suspected that these three individuals might be from Canada. He grew up in Vermont, has spent time in Montreal, Canada, and perceives that there is a clear distinction between the way people dress in Montreal and the way they dress in Vermont. Moreover, he knew that many Middle Eastern aliens are apprehended by the U.S. Border patrol entering the United States from Canada in nearby Swanton, Vermont.

4. Agent Moran observed the three individuals for a time. They initially split up, each walking around the airport as though they were scouting something out. One of the individuals, later identified as the defendant, Medhi Tehrani ("Tehrani"), made eye contact with Agent Moran on several occasions. After about five minutes, the three individuals regrouped and approached the Business Express ticket counter. Tehrani and another individual, later identified as Amir Alaei ("Alaei"), appeared to transact business at the ticket counter and checked two pieces of luggage.

5. After transacting business at the ticket counter, the three individuals walked to the south side of the terminal. Alaei and the third unidentified man sat in the waiting area while Tehrani stood. At some point during this period of time, Agent Moran contacted Trooper Cucinelli, who was also on the ground floor of the terminal, and requested his assistance in watching the three men Agent Moran had been observing.

6. Agent Moran thereafter approached the Business Express ticket counter and spoke with the ticket agent. She informed Agent Moran that the individuals had previously come to the airport on several occasions, but had never flown out. On those occasions, they made reservations, but did not purchase tickets. On this occasion Tehrani had purchased two one-way tickets to Las Vegas, Nevada, with a Visa credit card. At that point the ticket agent told Agent Moran that one of the individuals was right behind him. Agent Moran turned around to see Tehrani hastily leave the terminal. Trooper Cucinelli was nearby and Agent Moran requested that he accompany him outside to ask Tehrani some questions. Trooper Cucinelli agreed to do so and the two walked out of the terminal together.

7. Tehrani was seen heading into the short-term parking area directly in front of the airport terminal. Agent Moran believed that Tehrani was heading to a vehicle. Tehrani turned around when he reached the middle of the parking area, saw Agent Moran and Trooper Cucinelli approaching him and walked toward them. The three met on the edge of the parking lot, a short distance from the entrance to the terminal.

8. Agent Moran identified himself and Trooper Cucinelli and inquired of Tehrani where he was from and requested that he identify himself. Tehrani spoke defensively, and stated that the only reason the officers were stopping him was because he was Iranian. He also stated that he would sue the two officers because they had no right to stop him; he continued walking toward the terminal. No restraint was made on his ability to continue walking. Agent Moran then stated that he simply wanted to ask Tehrani a few questions. Tehrani said he was from Canada. Agent Moran asked him how he got to the Burlington airport and Tehrani replied that he had walked from Canada.3 When asked if he was travelling with anyone, Tehrani stated that he had no travelling companions. Agent Moran also asked Tehrani where he entered the United States, to which Tehrani replied "Burlington."4 However, he would not identify himself, nor produce identification, despite being asked to do so. These responses raised Agent Moran's suspicions regarding Tehrani's presence in the United States. He told Tehrani that as a foreign citizen, he was required to carry identification documents and that it was a violation of law not to produce them upon request from a U.S. Border Patrol agent. He further stated that he, Moran, had a right to demand that Tehrani produce such documentation.

9. No physical touching had occurred, no weapons had been displayed, nor had Tehrani been told that he could not leave. However, Agent Moran believed at this point that before allowing Tehrani to proceed with his travel plans, he, Moran, had a duty to determine Tehrani's identity, his citizenship and whether he had been properly admitted and inspected before entering the United States.

10. Up until this point, Trooper Cucinelli had made no inquiries and had maintained a slight distance from Agent Moran and Tehrani while they spoke. Recognizing that Tehrani was upset, and trying to calm him down, Trooper Cucinelli suggested that this was not a big deal, and that they should go to his office inside the terminal for further discussion. Tehrani agreed to do so. Having walked toward the terminal during their brief conversation, the three were now quite close to the terminal entrance. Trooper Cucinelli escorted Tehrani into the terminal and up to the State Police office on the second floor of the terminal. Upon entering the office, which was a small room without windows, Trooper Cucinelli offered Tehrani a seat and told him they should wait for Agent Moran. The door was left open. It was approximately 10:40 A.M.

11. Agent Moran had departed from Trooper Cucinelli and Tehrani upon reaching the terminal doors and had gone to the south side of the terminal to speak with Alaei, who was still seated in a waiting area inside the terminal. The third individual was not in sight. Agent Moran identified himself to Alaei and displayed his credentials. He asked Alaei where he was going. Alaei responded, "Las Vegas," which Moran knew to be the truth. Agent Moran then asked Alaei where he resided. Alaei produced a citizen card from Canada which appeared legal and valid to Agent Moran. He further inquired as to where Alaei entered the United States. Alaei could not say where, but stated that he had travelled in a jeep and that he was travelling with Medhi Tehrani. Agent Moran then asked Alaei if he would accompany him to an office upstairs. Alaei was not told he was free to leave. In fact, at this point, because Alaei could not say where he had entered the United States, and because he had said he was travelling with Tehrani who had given an inconsistent story, Agent Moran believed that before allowing Alaei to proceed with his travel plans, he should determine that Alaei had been properly admitted and inspected before entering the United States, and was entitled to remain.

12. Once both Tehrani and Alaei were in the office, Agent Moran told them that he suspected they were illegal aliens and that he wanted to establish their identity, whether they had been admitted and inspected before entering the United States, and whether they had documents showing they were entitled to stay in the United States. He informed them that they would not make their scheduled flight at 11:10 A.M. and began to make further inquiries of Alaei requesting information as to employment, criminal history, and travel plans. He then proceeded to make a number of phone calls to try to determine the defendants point of entry and whether anyone recalled them coming through the border checkpoints. He also called a communications center to determine if there was any record of a criminal history for either Tehrani or Alaei. Eventually, Agent Moran received information that Alaei had been refused entry into the United States on two prior occasions.

13. During this interim, but prior to 11:10 A.M., Trooper Cucinelli went to the Business Express...

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4 cases
  • U.S. v. Tehrani
    • United States
    • U.S. Court of Appeals — Second Circuit
    • February 23, 1995
  • Martinez-Aguero v. Gonzalez
    • United States
    • U.S. Court of Appeals — Fifth Circuit
    • August 4, 2006
    ...told him was available to him" would be "to sanction an indefensible sort of entrapment by the State"). 9. Cf. United States v. Tehrani, 826 F.Supp. 789, 793 n. 1 (D.Vt.1993) (holding that defendants voluntarily gaining admission to the United States for a temporary visit as tourists qualif......
  • United States v. Ramirez-Arcos
    • United States
    • U.S. District Court — Middle District of Florida
    • May 8, 2019
    ...enumerate its power."); see also Babula v. Immigration & Naturalization Serv., 665 F.2d 293, 295 (3d Cir. 1981); United States v. Tehrani, 826 F. Supp. 789, 798 (D. Vt. 1993), aff'd, 49 F.3d 54 (2d Cir. 1995) (applying Fourth Amendment analysis because § 1357(a)(1) "authorizes questioning t......
  • United States v. Chin
    • United States
    • U.S. District Court — District of Vermont
    • September 26, 2013
    ...and noting "the public nature of the scene" of a traffic stop weighs against a custodial setting). 11. See United States v. Tehrani, 826 F. Supp. 789, 798-99 (D. Vt. 1993) (recognizing that "prolonged retention of a person's identification cards or other personal effects" is relevant to the......
1 books & journal articles
  • Due Process in Removal Proceedings After Thuraissigiam.
    • United States
    • Stanford Law Review Vol. 74 No. 4, April 2022
    • April 1, 2022
    ...See id. at 101-02. (190.) 459 F.3d 618, 625 (5th Cir. 2006). (191.) Nunez, supra note 189, at 106 (citing United States v. Tehrani, 826 F. Supp. 789, 796-97 (D. Vt. 1993)); Tehrani, 826 F. Supp. at 793 n.1 (explaining that "[s]uch connections are thus distinguishable from those in Verdugo-U......

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