United States District Court, D. Arizona
Rosario Cardenas-Rayos, Defendant, represented by Alejandro
Esteban Munoz, Munoz Law Firm PC.
Plaintiff, represented by Brian Robert Decker, U.S. Attorneys
Office & Corey James Mantei, U.S. Attorneys Office.
REPORT AND RECOMMENDATION ON DEFENDANT'S MOTION
BERNARDO P. VELASCO, District Judge.
February 25, 2016, Defendant Rosario Cardenas-Rayos was
arrested for illegal re-entry into the United States. The
Defendant was indicted on March 23, 2016 [Doc. 10]. On May
13, 2016, Defendant filed a Motion to Suppress Statements
[Doc. 19]. The Government filed its Response [Doc. 24] on May
matter came on for Evidentiary Hearing before the Court on
June 7, 2016. The Government called as a witness Border
Patrol Agent Tracy Hicks.
Court, having considered the briefing, arguments, and
evidence presented, recommends that the District Judge, after
his independent review and consideration, enter an order
DENYING Defendant's Motion to Suppress [Doc. 19].
February 25, 2016, U.S. Border Patrol Agent Tracy Hicks
responded to a radio dispatch about a possible illegal alien
at the Chevron gas station in Ajo, Arizona. She arrived at
the station 25-30 minutes after the call.
arrival, she observed a Pima County Sheriff's Officer
(PCSO) and truck. In the rear seat of the vehicle, she saw a
man without handcuffs. The PCSO deputy was standing inside
the open door next to the rear seat occupant (the Defendant).
Agent Hicks spent about 5 minutes talking to the PCSO deputy
before she approached the occupant.
Hicks then, in Spanish, asked the occupant if he spoke
English. The man said yes. She then asked him if he was here
illegally. He said, "Yes." Then she asked if he had
been deported before and he responded, "Yes."
point, the occupant was moved into the back seat of the
Border Patrol vehicle. The occupant became the Defendant and
definitely was not free to leave. He was, however, not
handcuffed nor exactly told that he was under arrest.
Agent Hicks asked the Defendant some administrative
questions, which are essentially identical to post-Miranda
questions, the Defendant was transported to the Border Patrol
Station in Ajo. At the station, when the Defendant was
advised of his rights pursuant to Miranda, the Defendant
invoked his right to remain silent.
trial, the Government does not intend to introduce the
Defendant's administrative answers to Border Patrol's
questions. The only matters at issue are the Defendant's
statements to Agent Hicks.
evidence presented is less than what was asserted by both
parties in their pleadings filed with the Court. The
discussion herein is, therefore, based on ...