United States v. Carr

63 F. Supp. 3d 226, 2014 U.S. Dist. LEXIS 164474, 2014 WL 6673842
CourtDistrict Court, E.D. New York
DecidedNovember 24, 2014
DocketNo. 13-CR-448 (MKB)
StatusPublished
Cited by3 cases

This text of 63 F. Supp. 3d 226 (United States v. Carr) is published on Counsel Stack Legal Research, covering District Court, E.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Carr, 63 F. Supp. 3d 226, 2014 U.S. Dist. LEXIS 164474, 2014 WL 6673842 (E.D.N.Y. 2014).

Opinion

MEMORANDUM & ORDER

MARGO K. BRODIE, District Judge:

Defendant Winston Nicholas Carr is charged in a two-count indictment with importation of cocaine in violation of Title 21, United States Code, Sections 952(a), 960(a)(1) and 960(b)(l)(B)(ii), and possession of cocaine with intent to distribute in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(l)(A)(ii)(II). On January 21, 2014, Carr moved to suppress statements he made to law enforce'ment agents on July 3, 2013. The Court held a suppression hearing on July 21, 2014. For the reasons discussed below, the Court grants Carr’s motion in part and denies it in part.

I. Background

a. Facts alleged in the Complaint

According to the facts alleged in the Complaint filed on July 5, 2013, on or about July 3, 2013, Defendant Carr arrived at John F. Kennedy International Airport in Queens, New York (“JFK Airport”) from Georgetown, Guyana. (Compl. ¶ 1.) Upon his arrival at customs, Carr was selected for a United States Customs and Border Protection (“CBP”) examination. [230]*230(Id. ¶2.) He presented one large purple suitcase and one smaller purple suitcase to CBP and answered standard CBP examination questions: he stated that he owned both suitcases, that he had packed the bags himself, and that he owned all of the contents.therein. (Id.)

During the luggage inspection, CBP officers noted that the bottom of the smaller suitcase was “unusually thick and heavy.” (Id. ¶ 3.) An X-Ray of both suitcases revealed a mass on the bottom of each suitcase. (Id.) CBP officers then escorted Carr to a private examination area, where the luggage was probed to reveal a white powdery'substance, which field-tested positive for cocaine. (Id.) Carr was placed under arrest. (Id.)

b. Motion to Suppress

On January 21, 2014, Carr moved to suppress all statements made to law enforcement agents on July 2, 2013, on the grounds that the statements (1) were not the product of a knowing and intelligent Miranda waiver in violation of the Fifth Amendment, and (2) were, not voluntary. (Def. Mot. to Suppress Statements dated Jan. 21, 2014 (“Mot. to Suppress”) at 1, Docket Entry No. 17.) Carr requested an evidentiary hearing, which was held on July 21, 2014.

i. Carr’s motion

In his motion, Carr argues that the statements obtained during the July 3, 2013 CBP examination are the product of a custodial interrogation and should be suppressed because the government did not obtain a knowing and intelligent Miranda waiver before interrogating him. (Mot. to Suppress 5.) In Carr’s declaration in support of his motion, he states that upon landing at JFK Airport, he proceeded to the customs area. (Def. Deck in Support of Mot. to Suppress Statements (“Carr Decl.”) ¶ 1, Docket Entry No. 20.) He was escorted to a secondary inspection area, where CBP officers searched his luggage. (Id.) After the secondary search, two armed and uniformed officers further escorted him to a small private inspection room, where he was ordered to sit on a bench. (Id. ¶ 2; Def. Reply to Gov. Opp’n to Def. Mot. to Suppress Statements (“Def. Reply”) 2, Docket Entry No. 19.) A third officer entered, and Carr was handcuffed. (Carr Deck ¶ 2.) CBP officers stood over Carr while his luggage was inspected. (Id. ¶¶ 2-3.) At that time, “it was clear to [Carr] that [he] was under arrest and not free to leave.” (Id. ¶ 5.) He was questioned about importing narcotics, and “told [ ] that I was in a lot of trouble ... [,] that I was responsible for importing the drugs and that I should accept responsibility. They asked me if I had done this before and who else was involved.” (Id. ¶ 3; see Mot. to Suppress 7.) Despite his “attempt ] to invoke [his] Fifth Amendment rights,” the officers continued to ask him questions, which he ultimately answered. (Carr Deck ¶¶ 3-4.)

ii. Government’s response in opposition to the motion

The government argues that Carr was not subject to a custodial interrogation because he was not in “custody” as to warrant Miranda warnings, and therefore the motion should be denied without a hearing. (Gov. Opp’n to Def. Mot. to Suppress Statements (“Gov. Opp’n”) 2-14.) The government further argues that Carr’s statements were voluntary, and thus admissible.1 (Id. 14-16.)

[231]*231c. July 21, 2014 Suppression Hearing

On July 21, 2014, the Court heard testimony from Dominika Czechura, an officer with CBP, Stephen Twarowski, a supervisory officer with CBP, Michael Marmol, an officer with CBP via video, Joseph Finn, a supervisory officer with CBP, Steven Tep-per, a supervisory officer with CBP, and Iliana Pagan, an agent with Homeland Security Investigations (“HSI”) (Tr. of Suppression Hr’g (“Tr.”), dated July 21, 2014, 5:9-11, 79:25-80:2, 139:4-7, 149:19-21, 162:3-5, 173:23-25.) Each testified about the events leading up to and immediately following Carr’s arrest on July 3, 2013. Based on the evidence presented, the Court makes the following findings of fact,

i. Luggage inspection

On July 3, 2013, Carr arrived at JFK Airport, proceeded to a baggage control point (also referred to as “primary” screening) in the international arrivals terminal and presented himself to Officer Marmol for inspection. (Tr. 140:12-16.) Based on the inspection, Officer Marmol referred Carr to the secondary baggage control point for additional screening. (Tr. 140:15-17, 141:4-7.) In the secondary baggage area, Officer Czechura questioned Carr regarding his luggage and recent travel, and physically inspected Carr’s two pieces of luggage. (Tr. 13:5-15:3.) In the course of her inspection, Officer Czechura noticed that the smaller piece of luggage appeared “unusually heavy.” (Tr. 14:9-12.) Officer Czechura removed the contents of the suitcase for further inspection. (Tr. 14:13-14.) She noted an extra lining in the bottom of the bag and unzipped it to reveal a hard, translucent plastic surface. (Tr. 14:15-19.) Unable to probe around ■the hard plastic surface, Officer Czechura decided to X-ray the bag. (Tr. 14:21-15:7.) Officer Czechura asked Officer Telese, a CBP officer standing nearby, to “keep an eye on” Carr while she went to the X-ray machine. (Tr. 39:5-8.)

On the way back from the X-ray machine, .Officer Czechura advised Officer Tepper that she believed there was contraband in Carr’s luggage. (Tr. 16:21-23.) Officer Tepper followed her back to the secondary belt area. (Tr. 40:14-15.) Officer Czechura also told Officer Twarowski, located at a secondary inspection point near her, that she believed she had found narcotics or other contraband. (Tr. 40:16-17, 83:19-25.) She returned to the luggage belt and ripped a portion of the lining in the smaller suitcase, which revealed a white powdery substance and grey tape. (Tr. 16:19-17:5, 41:1-6.) Upon her discovery, she asked Carr when he got the bags. Carr did not reply. (Tr. 18:7-18.) She repacked Carr’s - bags and she and three other officers took Carr to a secure, private inspection room (the “pat-down room”).2 (Tr. 18:23-19:18, 84:21-85:23, 104:2-10; see also Gov. Exs. 7-11.)

ii. “Pat-down room” inspection

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Cite This Page — Counsel Stack

Bluebook (online)
63 F. Supp. 3d 226, 2014 U.S. Dist. LEXIS 164474, 2014 WL 6673842, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-carr-nyed-2014.