Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

United States v. Munoz

United States District Court, D. Arizona

October 30, 2017

United States of America, Plaintiff,
v.
Manual Humberto Ozuna Munoz, Defendant.

          ORDER

          DAVID G. CAMPBELL UNITED STATES DISTRICT JUDGE

         Defendant is charged with illegal reentry of a removed alien under 8 U.S.C. § 1326(a) and (b)(1). Defendant was removed from the United States in 2010, and was found at a Motel 6 in Phoenix, Arizona, in June of 2017. He has filed a motion to suppress (Doc. 13) and a motion to dismiss (Doc. 14).

         A. Motion to Suppress.

         Defendant provides the following factual background for his motion to suppress:

On June 14, 2017, the Immigration and Customs Enforcement (ICE) Phoenix Mobile Criminal Alien Team Unit, received information that Mr. Munoz had checked into the Motel 6 on 52nd Drive in Phoenix. They were tipped off by employees at Motel 6 that he had checked into the hotel after he had used a Mexican driver license to check into the motel. Mr. Munoz did not have any outstanding warrants nor was he committing a federal, local, or state crime, or under suspicion of having committed such a crime. By all accounts he was targeted for having a Spanish surname and using a foreign identification - a proxy for alienage.
Knowing he had checked into room #214, two ICE agents knocked on the door. Mr. Munoz peeked through the window and saw the ICE agents dressed in civilian clothes. They waived for him to open the door. He did and the agents walked into room #214, without a warrant and without his consent. They immediately asked him his name and he told them. The agents then followed up by asking him if there was anyone else in the room, to put on his clothes, and handcuffed him. In less than five minutes the agents escorted him out of the room and into their squad car. He was transported to the ICE field office and fingerprinted confirming his criminal and immigration history. Based on this information, the U.S. Attorney's Office later filed a criminal complaint alleging he violated 8 U.S.C. § 1326(a), Illegal Reentry of Removed Alien.

Doc. 13 at 3.

         Defendant contends that his identity can be suppressed under the Fifth Amendment because the agents failed to advise him of his Miranda rights before asking his name. To address this argument, the Court will review a number of cases that have addressed suppression of a defendant's identity in § 1326 cases.

         The Court begins by noting this general guidance from the Supreme Court:

Asking questions is an essential part of police investigations. In the ordinary course a police officer is free to ask a person for identification without implicating the Fourth Amendment. Interrogation relating to one's identity or a request for identification by the police does not, by itself, constitute a Fourth Amendment seizure.

Hiibel v. Sixth Judicial Dist. Court of Nev., Humboldt Cty., 542 U.S. 177, 185 (2004) (quotation marks, citation, and brackets omitted).

         In United States v. Del Toro Gudino, 376 F.3d 997 (9th Cir. 2004), the Ninth Circuit provided this explanation of circuit case law:

Our cases treat identity different from other kinds of evidence. Where mere identity is involved, the relevant circuit authority is United States v. Guzman-Bruno[, 27 F.3d 429 (9th Cir. 1994)]. Guzman-Bruno, like the case at bar, was a criminal prosecution under 8 U.S.C. § 1326. Like the case at bar, the defendant in Guzman-Bruno argued that all evidence of his identity learned in connection with his illegal arrest should be suppressed. We disagreed, reasoning that prior Supreme Court and Ninth Circuit precedent “clearly foreclose[d] Guzman-Bruno's attempt to suppress the fact ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.