United States v. Alamo-Gutierrez

368 F. Supp. 3d 1093
CourtDistrict Court, W.D. Texas
DecidedJanuary 15, 2019
DocketEP-18-CR-3125-PRM
StatusPublished

This text of 368 F. Supp. 3d 1093 (United States v. Alamo-Gutierrez) is published on Counsel Stack Legal Research, covering District Court, W.D. Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Alamo-Gutierrez, 368 F. Supp. 3d 1093 (W.D. Tex. 2019).

Opinion

PHILIP R. MARTINEZ, UNITED STATES DISTRICT JUDGE

On this day, the Court considered Defendant Jesus Gerardo Alamo-Gutierrez's *1097[hereinafter "Defendant"] "Motion to Suppress" (ECF No. 21), filed on November 9, 2018; the Government's "Response to Defendant's Motion to Suppress" (ECF No. 29) [hereinafter "Response"], filed on November 29, 2018; and Defendant's "Reply to Government's Response" (ECF No. 32) [hereinafter "Reply"], filed on December 10, 2018, in the above-captioned cause. After due consideration, the Court is of the opinion that Defendant's Motion to Suppress should be granted in part and denied in part, for the reasons that follow.

I. FACTUAL BACKGROUND

On August 28, 2018, United States Border Patrol Agent Young stopped Defendant after the agent observed that Defendant was driving erratically. Mot. to Suppress 1-2. Prior to this traffic stop, Agent Young had been approached by a citizen who informed Agent Young that a motorist on the Border Highway was driving dangerously. Id. at 1. According to the Government, Agent Young "located the vehicle in question and observed the vehicle making several hazardous lane changes and hitting a guardrail." Resp. 1. Agent Young then called the El Paso Police Department to request assistance and conducted a traffic stop. Id.

Agent Young detained Defendant until the El Paso police arrived, and the El Paso police officer arrested Defendant under suspicion of driving while intoxicated. Mot. to Suppress 1-2. After Defendant was arrested, Agent Young conducted an immigration record check and discovered prior immigration offenses and removals. Id. at 2. Thereafter, Defendant pled guilty to driving while intoxicated and was sentenced to fifty days of confinement. Resp. 2. Based upon Agent Young's discovery of Defendant's immigration history and removals, an immigration detainer was placed on Defendant while he was incarcerated at the El Paso County Detention Facility. Id.

On October 3, 2018, Defendant was released from the El Paso County Detention Facility to the custody of the United States Border Patrol at the Paso Del Norte Border Patrol Processing Center. Id. At the Paso Del Norte Center, Border Patrol Agent Hernandez obtained information from Defendant regarding his citizenship and immigration status. Mot. to Suppress 2. Defendant admitted that he is not a citizen and does not have any documents allowing him to remain in the United States legally. Id. Thereafter, an Agent used Defendant's biometric information1 to determine Defendant's prior immigration history. Id. After Defendant had revealed his immigration status and his biometric data was collected, a Border Patrol agent read Defendant his Miranda rights. Id. Defendant thereupon invoked his right to counsel. Id. On October 24, 2018, Defendant was charged with illegal reentry, in violation of 8 U.S.C. § 1326(a). Indictment, ECF No. 11.

Defendant filed his Motion to Suppress on November 9, 2018. Therein, Defendant avers that Agent Young's welfare stop on August 28 violated the Fourth Amendment. Id. at 3. Specifically, according to Defendant, (1) Agent Young lacked the authority to conduct the traffic stop, (2) Defendant was detained beyond the scope of the welfare check, and (3) after El Paso *1098police arrived, Agent Young conducted an unlawful immigration record search. Id. at 3-5. Based on these alleged Fourth Amendment violations, Defendant asserts that "all evidence" stemming from the traffic stop must suppressed. Id. at 5.

Further, Defendant contends that Agents at the Paso Del Norte Center violated the Fifth Amendment on October 3, 2018, by questioning Defendant about his immigration history and collecting his biometric data before reading Defendant his Miranda rights. Id. at 6. Accordingly, Defendant believes that the following evidence should be suppressed: Defendant's statements concerning his identity and nationality, fingerprints, A-file, and criminal and immigration history. Id. at 7.

II. LEGAL STANDARDS

A. Fourth Amendment

The Fourth Amendment to the United States Constitution guarantees "[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures." U.S. CONST. amend. IV. "A person is seized by the police and thus entitled to challenge the government's action under the Fourth Amendment when the officer, 'by means of physical force or show of authority,' terminates or restrains his freedom of movement 'through means intentionally applied.' " Brendlin v. California , 551 U.S. 249, 254, 127 S.Ct. 2400, 168 L.Ed.2d 132 (2007) (emphasis removed) (quoting Florida v. Bostick , 501 U.S. 429, 434, 111 S.Ct. 2382, 115 L.Ed.2d 389 (1991) ; Brower v. Cnty. of Inyo , 489 U.S. 593, 597, 109 S.Ct. 1378

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Bluebook (online)
368 F. Supp. 3d 1093, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-alamo-gutierrez-txwd-2019.