United States v. Abraham Ceballos and Efrain Adames

812 F.2d 42, 1987 U.S. App. LEXIS 2247
CourtCourt of Appeals for the Second Circuit
DecidedFebruary 13, 1987
Docket371, 516, Dockets 86-1273, 86-1299
StatusPublished
Cited by111 cases

This text of 812 F.2d 42 (United States v. Abraham Ceballos and Efrain Adames) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Abraham Ceballos and Efrain Adames, 812 F.2d 42, 1987 U.S. App. LEXIS 2247 (2d Cir. 1987).

Opinions

JON O. NEWMAN, Circuit Judge:

The principal issue raised on this appeal is whether a criminal suspect who passively obeys a law enforcement agent’s stem request to accompany him to his field office for questioning has been “seized” within the meaning of the Fourth Amendment to the United States Constitution. The issue arises on an appeal by Efrain Adames and Abraham Ceballos from judgments of the District Court for the Southern District of New York (Gerard L. Goettel, Judge) convicting them on their pleas of guilty to counterfeiting and conspiracy violations, 18 U.S.C. §§ 2, 371, 474 (1982). Both defendants reserved the right to challenge on appeal the denial of their motions to suppress physical evidence seized and statements made at or about the time of their arrests. Because Secret Service agents placed Adames in investigatory custody before they had probable cause to arrest him, we reverse the District Court’s denial of Adames’ suppression motion. We affirm Judge Goettel’s denial of Ceballos’ suppression motion.

Background

On March 4, 1985, George Mazawey of Correy & Allen Paper Company contacted Secret Service agents to report that “Abe Ceballos” and a man named “Efrain” had purchased 15,000 sheets of an expensive type of paper often used to produce counterfeit bills. Mazawey noted that the buyers had never previously bought paper from his company, had no obvious need for such paper, and had paid cash. Mazawey also reported the license plate number of the truck used to pick up the paper; the truck was registered to Royal Molds, Inc. (“Royal Molds”), Adames’ employer.

On March 11, 1985, at mid-afternoon, four Secret Service agents arrived in two cars at Royal Molds, a tool and die company. Agent Powers went alone into the shop while another agent remained in the stairwell. Agent Powers displayed his badge to the supervisor and asked to speak with Adames. The supervisor summoned Adames to the office. During the suppression hearing, Agent Powers provided the following description of his first encounter with Adames:

[cross-examination by Atty. Joy, counsel for Adames]
Atty. Joy: [D]id you ask [Adames] to come [with you to the field office] after he completed work?
Agent Powers: I asked him if it was possible if he could get off a little bit early and come with us.
Atty. Joy: And then you say he asked his supervisor whether he could ... get off?
Agent Powers: I believe they discussed his shift, what time he ended, and it was a matter of a half-hour or so, and he [the supervisor] told him to go ahead.
Atty. Joy: And well, did you say to him, “Well, look, you know, you can come anytime you want”?
Agent Powers: No, we didn’t say that to him. We had to speak to him.
Atty. Joy: You s[ai]d he had to come with you now?
Agent Powers: Not that he had to come, but he sensed the urgency of it, and we would wait until he got off work but if he could come now, it would be better all around.
Atty. Joy: How did you express the urgency? You say he sensed the urgency? How did you express to him the urgency?
Agent Powers: Well, I think the fact ... that his supervisor went over and got him and told him that there was someone from the law enforcement community that wanted to speak to him____
I think he said something along the [45]*45lines of the police are here, they want to talk to you.
Atty. Joy: So you said, let’s go down to the precinct, is that right?
Agent Powers: Yes, I said that.
Atty. Joy: Did you show your badge to Mr. Adames?
Agent Powers: I believe I did. Pm not sure.

Transcript of Suppression Hearing, January 28,1986, at 200-01, 203. Judge Goettel found that the agents “initially indicated they would be taking [Adames] to their office for questioning.” Memorandum Decision of District Court at 2 (April 3, 1986). Agent Powers scrupulously watched Adames as he got his coat.

Upon leaving Royal Molds, Adames asked the agents if he could follow them to their office in the company van which he was authorized to drive and customarily used to drive home. The agents refused and accompanied Adames back into the shop to return the keys to the supervisor.

Adames, Agent Powers, and another agent entered a car parked in front of Royal Molds. Without speaking, they drove one block to another car, which contained Agent Cases. Once in the second car, Agent Powers told Adames that he was a Secret Service agent investigating counterfeiting. Speaking in Spanish, Adames’ first language, Agent Cases then read Adames his constitutional rights and advised Adames that he was not under arrest. Adames was not handcuffed.

The agents initially intended to drive Adames directly to the Secret Service field office. Agent Cases proceeded to question Adames in the car. Adames stated that he was planning a business to produce flyers and intended to use the paper to practice printing. In light of the high cost of the paper, the agents found this explanation to be implausible. After they had been driving about five minutes, Adames offered to take the agents to his brother’s house, where the paper was being stored. They proceeded to that house. With Adames’ assistance, they earriéd three cartons of paper to the agents’ car.

Adames then told the agents that he had a printing press at his residence and offered to take them there. They proceeded to Adames’ home. Adames showed' the agents the printing press, which they recognized as being capable of producing counterfeit bills if the necessary plates were available. They knew that 90% of counterfeit bills in the New York area are printed on presses of that type. The agents also saw several inks, including green and black inks. The green ink was on a rag and a baking tray, suggesting active use. Adames denied having printed counterfeit bills.

The agents then took Adames to the Secret Service field office. Neither at this time nor thereafter did Adames ask to leave, nor was he physically restrained. On the other hand, the agents never told him that he could leave, and it was clear that he would have been restrained had he attempted to do so. See Memorandum Decision of District Court at 3 (April 8, 1986).

They arrived at the field office at 6:00 p.m. and put Adames in a small, locked interview room. Agent Powers again told Adames that he was not under arrest. The agents proceeded to question Adames for several hours. The agents warned Adames that his paper and press and the company van were subject to forfeiture and that his brother might have serious problems if the paper purchase was not cleared up. Adames made several incriminating statements involving Ceballos and stated that Ceballos had produced and currently possessed counterfeiting plates. At the agents’ behest, Adames attempted repeatedly to contact Ceballos by phone, but without success. As the evening wore on, the agents offered Adames a sandwich and coffee.

At about 8:30 p.m., the agents asked Adames if he would take a polygraph test.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Francis v. City of Albany
N.D. New York, 2025
State v. Olan
2024 Ohio 1257 (Ohio Court of Appeals, 2024)
Essani v. Earley
E.D. New York, 2021
Dunbar v. Avigdor
D. Connecticut, 2020
Simon v. City of New York
Second Circuit, 2018
United States v. Elvin Wrensford
866 F.3d 76 (Third Circuit, 2017)
United States v. Jeong Seon Han
199 F. Supp. 3d 38 (District of Columbia, 2016)
Commonwealth v. Melo
34 N.E.3d 289 (Massachusetts Supreme Judicial Court, 2015)
Morris v. City of New York
604 F. App'x 22 (Second Circuit, 2015)
United States v. Hasston, Inc.
75 F. Supp. 3d 101 (District of Columbia, 2014)
United States v. Cardona
Second Circuit, 2013
United States v. Michael Gregory
456 F. App'x 533 (Sixth Circuit, 2012)
United States v. Gray
283 F. App'x 871 (Second Circuit, 2008)
United States v. Zaleski
559 F. Supp. 2d 178 (D. Connecticut, 2008)
Gilles v. Repicky
Second Circuit, 2007
Alvarado v. City of New York
482 F. Supp. 2d 341 (S.D. New York, 2007)
United States v. Hiruko
320 F. Supp. 2d 26 (E.D. New York, 2004)
Maxwell v. City of New York
272 F. Supp. 2d 285 (S.D. New York, 2003)
Chipperini v. Crandall
253 F. Supp. 2d 301 (D. Connecticut, 2003)
Roe v. City of New York
232 F. Supp. 2d 240 (S.D. New York, 2002)

Cite This Page — Counsel Stack

Bluebook (online)
812 F.2d 42, 1987 U.S. App. LEXIS 2247, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-abraham-ceballos-and-efrain-adames-ca2-1987.