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United States of America v. Hilario Rodriguez

July 10, 2012

UNITED STATES OF AMERICA,
PLAINTIFF,
v.
HILARIO RODRIGUEZ, DEFENDANT.



The opinion of the court was delivered by: Hayes, Judge:

ORDER

The matter before the Court is the motion to suppress statements filed by Defendant Hilario Rodriguez. (ECF No. 14).

BACKGROUND FACTS

On March 27, 2012, Defendant Rodriguez entered the United States from Mexico at the Otay Mesa, California, Port of Entry as the driver and sole occupant of a 1999 Dodge Dakota. Defendant was referred to secondary inspection. Customs and Border Protection Officers found marijuana hidden inside the vehicle. Defendant was arrested. At 3:35 p.m. on March 27, 2012, Defendant was interviewed by Special Agent Alex Mercado and Special Agent Jarrod Pasciucco. Defendant was read his Miranda rights by Special Agent Mercado. The transcript of the interview shows that Defendant acknowledged that he understood his Miranda rights and invoked his right to an attorney.

The transcript states in relevant part: Mercado: You have the right to consult an attorney before you make any statement, answer any questions.

You have the right to have an attorney present with you-read with me, please-during the questioning. If you cannot pay an attorney, one will be provided for you before we ask any questions if you so wish, okay?

Defendant: Mmm-hmm.

Mercado: If you decide to answer our questions now, you still retain the right to stop the questioning at any time or stop the questioning for the purpose of consulting with an attorney. Do you understand the rights that I just read to you?

Defendant: Yes.

Mercado: Okay, then, if you wish to talk to us, eh, you can tell me so now, then.

Defendant: Eh, so, if I have the right to an attorney, I would like to, it's best to, firstly, since you--

Mercado: Mmm-hmm.

Defendant: --grant people those privileges--

Mercado: Mmm-hmm, correct.

Defendant: --right? It is a privilege that-that you grant me-- Mercado: Mmm-hmm.

Defendant: --and I appreciate ...


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