United States v. Beras

918 F. Supp. 38, 1996 U.S. Dist. LEXIS 3315, 1996 WL 117982
CourtDistrict Court, D. Puerto Rico
DecidedMarch 7, 1996
DocketCriminal No. 95-326(DRD)
StatusPublished

This text of 918 F. Supp. 38 (United States v. Beras) is published on Counsel Stack Legal Research, covering District Court, D. Puerto Rico primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Beras, 918 F. Supp. 38, 1996 U.S. Dist. LEXIS 3315, 1996 WL 117982 (prd 1996).

Opinion

OPINION AND ORDER

DOMINGUEZ, District Judge.

Defendant requests the Court to Suppress post arrest incriminating statements made to a customs agent in violation of her Fifth Amendment rights and in violation of requirements under Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966).

I. FACTS

Sonia Yvelice Beras, the defendant, attempted to board American Airlines’ flight 401 from San Juan to Santo Domingo on October 15, 1996 scheduled to depart around 8:20 P.M. She was met at the jet way by Senior Customs Agent Héctor Colón at around 8:10 P.M. Prior thereto through the PA system all passengers were advised of the standards of reporting currency in excess of $10,000.00. The customs agent was conducting routine cheeks pursuant to Customs Operation Buck Stop.1

The inspector asked the defendant whether she was carrying any money, she said she was carrying $538.00. She was then asked where she was traveling from to which she indicated that she came from St. Thomas. The agent became suspicious because she was wearing a heavy Jean jacket and allegedly coming from a warm climate (St. Thomas) traveling to another warm climate (Dominican Republic) no heavy clothing was needed. The inspector then asked for her passport and found a boarding ticket from New York City to San Juan. The defendant thus had two boarding passes. The carry on luggage was then inspected and within a white blanket sheet were sweat socks full of bundles of currency in the ten and twenty-dollar denomination. The customs inspector testified that he understood at that moment that there was probably more than $10,-000.00 in the possession of the defendant. He advised the defendant to wait at the jetway while the inspection of other passengers continued. The operation lasted until around 8:20 P.M. Defendant was then escorted to the customs enclosure area.

Upon arrival at the enclosure area, about a five minute walk from the jetway, defendant was subject to a strip search by female customs agents. In the meantime, the count of the currency was being conducted. Pictures of the currency were taken. By 9:05 P.M. the entire procedure was over. Customs agent Colón called on Customs Special Agent Peña at around 9:00 P.M. Agent Peña arrived with agent Eduardo Pesquera at around 10:10 P.M. During all this time Sonia Yvelice Beras was not provided any Miranda warnings.2 Predictably defendant .claims that while at the customs enclosure area, before the arrival of special agent Peña, customs inspector Colón while interrogating her extracted incriminating statements. The government contends that the alleged tainted statement was not made to inspector Colón but latter to special agent Peña after the Miranda warnings were verbally provided followed by a written confirmation of the waiver.

II. MIRANDA WARNINGS

Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966) requires an [40]*40investigating officer to provide a suspect with the following warnings (1) that he has a constitutional right to remain silent, (2) that anything he says can and will, be used against him in court, (3) that the suspect has a right to confer with counsel before answering any questions and to have counsel present during the questioning, (4) and if indigent the suspect has a right to' have appointed counsel present,3 (5) should the suspect choose to answer the questions or make a statement and thus initially waive his rights, he may rescind the waiver at any time and terminate the interview by stating he wishes to remain silent or that he wishes to do so until counsel arrives.4

Miranda rights mature and hence attach when there has been a significant deprivation of the suspect’s freedom. Oregon v. Mathiason, 429 U.S. 492, 97 S.Ct. 711, 50 L.Ed.2d 714 (1977); a “coercive setting” is not enough, a significant restraint of freedom of movement is required. U.S. v. Jiménez, 602 F.2d 139 (7th Cir.1979).

It is unquestionable that agents are not required to administer the Miranda warnings to everybody whom they question, Miranda, 384 U.S. at 477-478, 86 S.Ct. at 1629-30. Further, Miranda warnings do not have to be provided before routine questioning even after arrest if such questioning is limited to asking for needed information for processing. U.S. v. Prewitt, 553 F.2d 1082 (7th Cir.), cert. denied 434 U.S. 840, 98 S.Ct. 135, 54 L.Ed.2d 104 (1979). Further, routine border stops and customs inspections do not amount to custodial interrogations. U.S. v. Martínez, 588 F.2d 495 (5th Cir.1979); U.S. v. Smith, 557 F.2d 1206 (5th Cir.1977), cert. denied 434 U.S. 1073, 98 S.Ct. 1259, 55 L.Ed.2d 777 (1978). Moreover, Operation Buck Stop inquiries do not constitute custodial questioning and hence do not require Miranda warnings. U.S. v. Gómez Londoño, supra; U.S. v. Berisha, supra (Miranda warnings at primary area are not required).

However, when a suspect is removed out of the regular stream of activity and either questioned singly or searched Miranda warnings attach. U.S. v. Del Soccorro Castro, 573 F.2d 213 (5th Cir.1978); U.S. v. McCain, 556 F.2d 253 (5th Cir.1979).

Since custody for Miranda purposes involves the “deprivation of ... freedom of action in any significant way” Miranda, 384 U.S. at 444, 86 S.Ct. at 1612, the Court must, in first instance, determine whether the defendant, Sonia Yvelice Beras was in fact “in custody.” To determine if a person is “in custody” courts must examine “objective circumstances.” Stansbury v. California, — U.S. -, -, 114 S.Ct. 1526, 1529, 128 L.Ed.2d 293 (1994). The Courts are further ordered to use the perspective of a “reasonable person” in the suspect’s position. Berkemer v. McCarty, 468 U.S. 420, 422, 104 S.Ct. 3138, 3141, 82 L.Ed.2d 317 (1984); U.S. v. Masse, 816 F.2d 805, 809-810 (1st Cir.1987). Finally, the Court is to consider the “totality of the circumstances” involved in order to arrive at the final determination. California v. Beheler, 463 U.S. 1121, 1125, 103 S.Ct. 3517, 3520, 77 L.Ed.2d 1275 (1983) (per curiam).

The Court considers that defendant was in fact “in custody” due to the following “objective circumstances” under the perspective of a “reasonable person.”

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Related

Miranda v. Arizona
384 U.S. 436 (Supreme Court, 1966)
Oregon v. Mathiason
429 U.S. 492 (Supreme Court, 1977)
California v. Beheler
463 U.S. 1121 (Supreme Court, 1983)
Berkemer v. McCarty
468 U.S. 420 (Supreme Court, 1984)
Moran v. Burbine
475 U.S. 412 (Supreme Court, 1986)
Huddleston v. United States
485 U.S. 681 (Supreme Court, 1988)
Stansbury v. California
511 U.S. 318 (Supreme Court, 1994)
United States v. Saccoccia
58 F.3d 754 (First Circuit, 1995)
United States v. Henry Gomez Londono
553 F.2d 805 (Second Circuit, 1977)
United States v. J. W. Prewitt
553 F.2d 1082 (Seventh Circuit, 1977)
United States v. Deborah Ann McCain
556 F.2d 253 (Fifth Circuit, 1977)
United States v. Steven Smith
557 F.2d 1206 (Fifth Circuit, 1977)
United States v. Robert Thomas Martinez
588 F.2d 495 (Fifth Circuit, 1979)
United States v. Jane Nadia Jimenez
602 F.2d 139 (Seventh Circuit, 1979)
United States v. Stephen O. Masse
816 F.2d 805 (First Circuit, 1987)
United States v. Gjon Berisha
925 F.2d 791 (Fifth Circuit, 1991)
United States v. Ralph H. Carty
993 F.2d 1005 (First Circuit, 1993)
Smith v. United States
434 U.S. 1073 (Supreme Court, 1978)

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Bluebook (online)
918 F. Supp. 38, 1996 U.S. Dist. LEXIS 3315, 1996 WL 117982, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-beras-prd-1996.