United States v. Ramos

190 F. Supp. 3d 992, 2016 U.S. Dist. LEXIS 73571, 2016 WL 3552140
CourtDistrict Court, S.D. California
DecidedJune 3, 2016
DocketCase No.: 16cr467 JM
StatusPublished
Cited by7 cases

This text of 190 F. Supp. 3d 992 (United States v. Ramos) is published on Counsel Stack Legal Research, covering District Court, S.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Ramos, 190 F. Supp. 3d 992, 2016 U.S. Dist. LEXIS 73571, 2016 WL 3552140 (S.D. Cal. 2016).

Opinion

ORDER DENYING DEFENDANT’S MOTION TO SUPPRESS EVIDENCE AS FRUIT OF AN ILLEGAL SEARCH

JEFFREY T. MILLER, United States District Judge

This case presents the question whether the recent Supreme Court case of Riley v. California, — U.S. —, 134 S.Ct. 2473, 189 L.Ed.2d 430 (2014), generally requiring law enforcement to obtain a search warrant before accessing contents of a cell phone taken from an arrestee, applies to the manual border search of a cell phone taken from a drug courier following his arrest. Defendant, Clemente Ramos, was arrested at the Otay Mesa Port of Entry and charged with importation of methamphetamine, in violation of 21 U.S.C. §§ 952, 960. He contends any such search after an arrest and the confiscation of contraband, methamphetamine in this case, loses its character as a border search, and thereby becomes an investigatory search, i.e., a search to gather evidence of the crime. Under circumstances such as these, Defendant contends, Riley requires the issuance of a search warrant to manually search the phone for text and phone call history even while the arrestee and the phone are still situated at the border. The government submits the search of Defendant’s cell phone was a valid border search under existing Supreme Court and Ninth Circuit case law governing border searches, and that Riley does not alter the analysis.

BACKGROUND1

A. Arrest and Search

The facts material to this motion are essentially undisputed by the parties. Defendant Clemente Ramos applied for permission to enter the United States from Mexico through the Otay Mesa, California, Port of Entry on February 12, 2016, at about 3:30 a.m. He was driving a 2002 Honda Civic, and was the sole occupant of the car. A narcotics detector dog alerted to his car before it approached the primary booth. When Defendant approached the booth, he stated he had nothing to declare, he owned the car, and was on his way to work in San Diego. A Customs and Border Protection Officer directed the dog to sniff the interior of the car, and the dog alerted to the rear seat of the vehicle. Defendant was removed from the car and taken to the security office, and his vehicle was taken to secondary for further inspection.

The secondary inspection of the car revealed 11 packages of methamphetamine located inside the backseats of the vehicle, totaling 9.34 kilograms. During a second search of the car the following day, an additional 8.34 kilograms of methamphetamine were found in the gas tank of the car.

At about 8:07 a.m., a Homeland Security Investigations (HSI) special agent advised Defendant that he was under arrest and read him his Miranda rights. Defendant stated that he understood his rights and was willing to waive them to make a statement. In his statement, Defendant denied knowledge of the drugs found in his car and told the agents that he was en route to a job site in Chula Vista. Defendant stated [995]*995that it was a “side job” and could not provide the exact address of the job site. He further stated that he was supposed to report to work by 5:00 a.m. that day, and that he had called his boss the day before to ask when to report for work.2 At about 9:39 a.m., the HSI agents conducted a manual search of Defendant’s cell phone. During this search, the agents viewed and took screenshots of incoming calls, select text messages, and portions of the call log. In total, the agents took 14 screenshots but did not download the phone. After Defendant’s arrest, the agents obtained a search warrant to conduct a full forensic examination of the phone, the results of which are still pending,

B. Defendant’s Motion

Defendant has moved to suppress all evidence derived from the search of his cell phone as fruit of an illegal search, contending that his Fourth Amendment rights were violated because the agents searched his cell phone without a warrant. Defendant argues the search does not fall under the border search exception to the warrant requirement because the search was conducted “to further the agents’ investigation and not to prevent contraband from entering the country.” Finally; Defendant argues all the evidence and statements derived from this illegal search must be suppressed pursuant to the exclusionary rule of the Fourth Amendment.

C. The Government’s Opposition

In response, the government contends that the search of Defendant’s cell phone falls squarely within the border search exception to the warrant requirement. The government submits the cursory search at issue required no suspicion at all under the Ninth Circuit border search doctrine, but that even if the search were to be characterized as a forensic examination requiring reasonable suspicion, that standard was met in this case.

D.Defendant’s Reply

In his reply,, Defendant reiterates that the search of his cell phone was not a border search, and that in any case, regardless of the classification of the search, the ultimate question is whether the search was reasonable under the Fourth Amendment. At oral argument, .Defendant narrowed his position into a single argument: the search of his cell phone did not qualify as a border search given its investigatory purpose of gathering evidence following Defendant’s arrest.

DISCUSSION

While Defendant has significantly narrowed his position by asking the court to determine the search of his .cell phone was not a border search but rather part of an investigation to gather evidence, this reductive approach gives short shrift to the border search doctrine and elides a considered inquiry into the interplay between that doctrine and Riley v. California, — U.S. —, 134 S.Ct. 2473, 189 L.Ed.2d 430 (2014).

A. Border Searches: Generally

A proper analysis starts with the Fourth Amendment, which provides:

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to [996]*996be searched, and the persons or things to be seized.

U.S. Const, amend. IV.

The ultimate test, or “touchstone” of the Fourth Amendment is “reasonableness.” Brigham City v. Stuart, 547 U.S. 398, 403, 126 S.Ct. 1943, 164 L.Ed.2d 650 (2006). The concept of “reasonableness” has been a constant in Fourth Amendment jurisprudence and dictates that “... all searches and seizures must be reasonable.” Kentucky v. King, 563 U.S. 452, 459, 131 S.Ct. 1849, 179 L.Ed.2d 865 (2011). Moreover, a warrant may not issue unless supported by probable cause with the scope of the authorized search set out with particularity. Payton v. New York, 445 U.S. 573, 584, 100 S.Ct. 1371, 63 L.Ed.2d 639 (1980).

Although the Fourth Amendment does not specify the circumstances requiring a warrant, the Supreme Court has held that a warrant must generally be obtained. This is true from the paradigmatic search of a home (Brigham City v. Stuart, 547 U.S. 398

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Cite This Page — Counsel Stack

Bluebook (online)
190 F. Supp. 3d 992, 2016 U.S. Dist. LEXIS 73571, 2016 WL 3552140, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-ramos-casd-2016.