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United States v. Hurtado

United States District Court, N.D. California

March 3, 2014

UNITED STATES OF AMERICA, Plaintiff,
v.
FIDEL HURTADO, Defendant

Page 1037

Re: ECF No. 65, 98.

For Aurora Marin, also known as Guadalupe Gaona, also known as Aurora Medina Marin, also known as Aurora Marin-Medina, also known as Aracely M. Ramirez, also known as Aurora Medina, also known as Araceli Ramirez Medina, Defendant: Mary Geraldine McNamara, LEAD ATTORNEY, Swanson & McNamara LLP, San Francisco, CA.

For Nicanor Silva, Defendant: Geoffrey A. Hansen, LEAD ATTORNEY, Federal Public Defender, San Francisco, CA.

For Fidel Hurtado, Defendant: Erick L. Guzman, LEAD ATTORNEY, Law Offices, Santa Rosa, CA.

For USA, Plaintiff: Katie Burroughs Medearis, LEAD ATTORNEY, United States Attorney Office, San Francisco, CA; Aaron D. Wegner, United States Attorney's Office, San Francisco, CA.

OPINION

JON S. TIGAR, United States District Judge.

Page 1038

ORDER DENYING MOTION TO SUPPRESS

I. INTRODUCTION

Criminal defendant Fidel Hurtado moves to suppress a statement given to an officer. Motions and Notice of Motion (" Motion" ) 11:10-17:7. The matter came for hearing on February 12, 2014.

II. BACKGROUND

A. Factual Background

Defendant Hurtado was arrested in Napa and taken to a police station for questioning in a room with two officers. One officer and Defendant engaged in an interaction in Spanish, translated and transcribed as follows:

OFFICER: [F]irst off, you are under arrest for transportation and sales of drugs, okay? I'm going to read you your rights, okay? ... [Bell rings] You have the right to say nothing. Okay, anything that you say can be used against you in a [sic] a court of law. Okay, you have the right to have an attorney present before and during any questions. If you cannot pay an attorney, one will be, be assigned to you ...

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