United States v. Ramos-Guerrero

145 F. Supp. 3d 753, 2015 U.S. Dist. LEXIS 145955, 2015 WL 6529049
CourtDistrict Court, N.D. Illinois
DecidedOctober 28, 2015
DocketNo. 13 CR 464
StatusPublished

This text of 145 F. Supp. 3d 753 (United States v. Ramos-Guerrero) is published on Counsel Stack Legal Research, covering District Court, N.D. Illinois 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-Guerrero, 145 F. Supp. 3d 753, 2015 U.S. Dist. LEXIS 145955, 2015 WL 6529049 (N.D. Ill. 2015).

Opinion

MEMORANDUM OPINION AND ORDER

Robert M. Dow, Jr., United States District Judge

This matter is before the Court on Defendant-Luis Ramos-Guerrero’s motion to [758]*758suppress [32] statements that he made to the Government on three separate occasions as well as currency that the Government seized from Defendant’s home, arguing that the Government obtained this evidence in violation of the Fourth Amendment. For the reasons set forth below, Defendant’s motion [32] is granted in part and denied in part. Specifically, Defendant’s motion is denied regarding the incriminating statements that he made to agents on October 22, 2012, December 5, 2012, and June 5, 2013. Defendant’s motion is granted regarding the $36,000 that agents seized from his garage on October 22, 2012. As a housekeeping matter, docket entry [64] should be stricken as an active motion from the Court’s docket.

I. Background

A. Procedural History

Defendant filed a motion to suppress [32] on May 13, 2014, requesting an evi-dentiary hearing to resolve factual disputes relating to the evidence in question. The Government filed a response [34] on June 9, 2014, also requesting an evidentia-ry healing. The Court originally scheduled the evidentiary hearing for August 28, 2014, but it was rescheduled several times. On November. 14, 2014, the Government filed a supplemental response [42] to Defendant’s motion, and Defendant filed a reply [45] ten days later.

The evidentiary hearing was held on May 28, 2015, and concluded on June 1, 2015. Following the hearing, the Court authorized the parties to file simultaneous supplemental briefs [see 63], which they did on August 3, 2015 [64, 65].

B. Factual Background

Defendant Luis Ramos-Guerrero is charged in a four-count indictment with conspiring to possess .with intent to distribute 5. kilograms or more of cocaine (Count One) and distributing 500 grams or more of cocaine (Counts Two through Four). He has been released on bond since his arrest.

At the evidentiary hearing, the Government presented testimony from three officers (Special Agent Colin Dickey, Special Agent Anthony. Anglada, and Task Force Officer Ruben Briones) who were involved with an investigation of a cocaine operation involving Defendant Ramos-Guerrero. The three officers testified that — prior to October 22, 2012 — a confidential source (“CS”) had identified Defendant as a cocaine broker who operated out of his residence at 120 Amarillo Drive in Carpenters-ville, Illinois.

1. October 22, 2012

On the morning of October 22, 2012, the government’ agents arranged for the CS to make several phone calls to Defendant to -set up a phony drug transaction allegedly involving the sale 8 kilograms of cocaine for $130,000, to take place in Defendant’s garage.1 Meanwhile, approximately 10 DEA agents were conducting surveillance of Defendant’s home, awaiting the arrival of the targeted buyer, who was slated to arrive around 3:00 p.m. A pickup truck arrived at Defendant’s home at the approximate time of the intended transaction, and Defendant came outside to converse with the driver of that vehicle. Approximately seven of the DEA agents, including Agent Anglada and- Officer Briones, converged on the two indi[759]*759viduals, explained that they were conducting a drug investigation, and instructed the individuals to put their hands on the vehicle while the officers conducted pat down searches. The agents were wearing vests with the DEA insignia and at least one agent had his weapon drawn. After the pat downs, the agents handcuffed the suspects. At • some point after Agent Anglada handcuffed Defendant, Agent Anglada told Defendant that he was not under- arrest but he was being detained until the officers figured out what was taking place and secured the location. Agent Anglada asked Defendant if there were any people, weapons, or drugs inside of the residence.. Defendant said no, but told Agent. Anglada that there was money in his garage. Agent Anglada requested permission from Defendant to search his residence, and Defendant gave his verbal consent. This consent was not documented on a “Consent to Search” form, purportedly (according to Agent Anglada) because Defendant provided verbal consent, making -written consent unnecessary. :

Defendant led approximately four of the agents to his back door, With Defendant’s permission, Agent Anglada took Defendant’s keys from his pocket, unlocked the door, and followed Defendant into the kitchen. Agents entered the home and conducted an initial safety sweep of . the home to see if anyone else was present in the residence. After the initial search, Agent Anglada removed Defendant’s handcuffs because, according to. Agent Anglada, Defendant was not under arrest and he was no longer being detained. Agent Ang-lada estimates that,, in total, Defendant was handcuffed for no more than 10 minutes. .

After Defendant was un-cuffed, the agents searched his home pursuant to Defendant’s verbal consent to do so. Agent Anglada went to. retrieve the money that Defendant claimed was in the garage, finding approximately $36,000 in cash inside of a toolbox. Agent Anglada went back into the. kitchen to show the money to Defendant, who claimed that the money was from the sale of a restaurant and that he was hiding it from his wife. A canine unit indicated the presence of narcotics on the money. , .

’Agent Anglada continued his conversation with Defendant, who was calm and cooperative. At one point in the conversation, Agent Anglada told Defendant something along the lines of: -“If you’re truthful with me, then I can help you.” At another point in the conversation, Defendant asked if he was going to sleep in his own bed that night, to which Agent Anglada said that Defendant was not under arrest, and so there was no reason that he wouldn’t, be spending the night at home.2 In his conversation with Agent Anglada, Defendant confirmed that he had participated in at least two five-kilogram cocaine transactions in his garage with the Government’s CS and with a buyer named Alfonso Last Name Unknown (“LNU”), who was also the target buyer for the ruse transaction on that day. These conversations tyere in English, and lasted approximately 15 minutes. -At no point during this interaction was Defendant read his Miranda rights. Agent-Anglada testified that this is because Defendant was not under arrest. In total, the agents were on site for no more [760]*760than one hour. Phone records produced by the Government show that during this time Defendant made and received several phone calls that had no apparent connection to the investigation. [64-1, at 1-2.]

2. November 22, 2012

On November 22, 2012, Agent Anglada arranged a meeting with Defendant that took place at a local gas station. During this meeting, Agent Anglada showed De-fendaht photographs of various individuals, asking if Défendant recognized any of the individuals as Alfonso LNU. Defendant did not make 'any positive identifications. The two spoke in English. Agent Anglada did not memorialize this meeting, purportedly because it did not reveal any useful ■information. Defendant has not moved to suppress any of the statements that he made during this encounter.

3. December 5, 2012

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Bluebook (online)
145 F. Supp. 3d 753, 2015 U.S. Dist. LEXIS 145955, 2015 WL 6529049, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-ramos-guerrero-ilnd-2015.