United States v. Torres-Nieves

367 F. Supp. 3d 1235
CourtDistrict Court, D. Oregon
DecidedFebruary 13, 2019
DocketCase No. 3:17-cr-00386-SI
StatusPublished

This text of 367 F. Supp. 3d 1235 (United States v. Torres-Nieves) is published on Counsel Stack Legal Research, covering District Court, D. Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Torres-Nieves, 367 F. Supp. 3d 1235 (D. Or. 2019).

Opinion

Michael H. Simon, United States District Judge *1238Defendant Adan Torres-Nieves ("Torres") moves to suppress evidence obtained by law enforcement during the execution of a search warrant and further moves to suppress all statements he made during a custodial interrogation and all evidence recovered as a result of Defendant's statements. The government opposes both motions. The Court held an evidentiary hearing on February 11, 2019. For the reasons that follow, Defendant's motions are both DENIED.

STANDARDS

A. Search Warrants

The Fourth Amendment requires that "no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized." U.S. Const., amend. IV. A search warrant is supported by probable cause if the issuing judge finds that, "given all the circumstances set forth in the affidavit before him ... there is a fair probability that contraband or evidence of a crime will be found in a particular place." Illinois v. Gates , 462 U.S. 213, 238, 103 S.Ct. 2317, 76 L.Ed.2d 527 (1983). As the Court now tasked with reviewing the issuing judge's finding of probable cause, we must "simply ensure that the [issuing judge] had a 'substantial basis for ... concluding' that probable cause existed." Id. at 238-39, 103 S.Ct. 2317 (quoting Jones v. United States , 362 U.S. 257, 271, 80 S.Ct. 725, 4 L.Ed.2d 697 (1960) ). We give great deference to an issuing judge's finding that probable cause supports a warrant. United States v. Krupa , 658 F.3d 1174, 1177 (9th Cir. 2011) ; United States v. Gourde , 440 F.3d 1065, 1069 (9th Cir. 2006) (en banc) (declaring that courts "are not in a position to flyspeck the affidavit through de novo review").

An affidavit must consist of more than conclusory statements and bare-bones assertions. United States v. Underwood , 725 F.3d 1076, 1081 (9th Cir. 2013). Instead, the affidavit "must recite underlying facts so that the issuing judge can draw his or her own reasonable inferences and conclusions; it is these facts that form the central basis of the probable cause determination." Id. Whether or not probable cause exists "depends upon the totality of the circumstances, including reasonable inferences, and is a 'commonsense practical question.' " United States v. Kelley , 482 F.3d 1047, 1050 (9th Cir. 2007) (quoting Gourde , 440 F.3d at 1069 ). "[P]robable cause means 'fair probability,' not certainty or even a preponderance of the evidence." Gourde , 440 F.3d at 1069.

Even when a warrant is unsupported by probable cause, suppression of the fruits of an unconstitutional search is not necessary if the officers relied on the warrant in good faith. United States v. Leon , 468 U.S. 897, 919-20, 104 S.Ct. 3405, 82 L.Ed.2d 677 (1984). In Leon , the Supreme Court explained that, "where police conduct is 'pursued in complete good faith,' the [exclusionary] rule's deterrent function 'loses much of its force.' " United States v. Luong , 470 F.3d 898, 902 (9th Cir. 2006) (quoting Leon , 468 U.S. at 919, 104 S.Ct. 3405 ). The exclusionary rule thus does "not *1239bar the government's introduction of evidence obtained by officers acting in objectively reasonable reliance on a search warrant that is subsequently invalidated." Id. The good faith inquiry is an objective one, requiring a court to ask "whether a reasonably well trained officer would have known that the search was illegal despite the magistrate's authorization." Leon , 468 U.S. at 922 n.23, 104 S.Ct. 3405.

B. Miranda Warnings

"For inculpatory statements made by a defendant during custodial interrogation to be admissible in evidence, the defendant's waiver of Miranda rights must be voluntary, knowing, and intelligent. A valid waiver of Miranda rights depends upon the totality of the circumstances including the background, experience, and conduct of defendant." United States v. Garibay

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Related

Jones v. United States
362 U.S. 257 (Supreme Court, 1960)
Franks v. Delaware
438 U.S. 154 (Supreme Court, 1978)
Edwards v. Arizona
451 U.S. 477 (Supreme Court, 1981)
Wyrick v. Fields
459 U.S. 42 (Supreme Court, 1982)
Illinois v. Gates
462 U.S. 213 (Supreme Court, 1983)
Nix v. Williams
467 U.S. 431 (Supreme Court, 1984)
United States v. Leon
468 U.S. 897 (Supreme Court, 1984)
Smith v. Illinois
469 U.S. 91 (Supreme Court, 1984)
Colorado v. Connelly
479 U.S. 157 (Supreme Court, 1986)
Davis v. United States
512 U.S. 452 (Supreme Court, 1994)
United States v. Krupa
658 F.3d 1174 (Ninth Circuit, 2011)
United States v. Albert Spearman, Jr.
532 F.2d 132 (Ninth Circuit, 1976)
United States v. Candelario Angulo-Lopez
791 F.2d 1394 (Ninth Circuit, 1986)
United States v. Tomas Chavez-Miranda
306 F.3d 973 (Ninth Circuit, 2002)
United States v. Richard Wesley Elliott
322 F.3d 710 (Ninth Circuit, 2003)
United States v. Micah J. Gourde
440 F.3d 1065 (Ninth Circuit, 2006)
United States v. Thai Tung Luong
470 F.3d 898 (Ninth Circuit, 2006)

Cite This Page — Counsel Stack

Bluebook (online)
367 F. Supp. 3d 1235, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-torres-nieves-ord-2019.