United States District Court, S.D. California
For Luis Humberto Gonzalez-Arellano, Defendant: Michael Edmund Burke, LEAD ATTORNEY, Law Office of Michael E Burke, San Diego, CA.
For Mario Castro-Montijo, Defendant: Cassandra Lucinda Lopez, LEAD ATTORNEY, Federal Defenders of San Diego, Inc., San Diego, CA.
For USA, Plaintiff: U S Attorney CR, Christopher Michael Alexander, LEAD ATTORNEYS, U S Attorneys Office Southern District of California, Criminal Division, San Diego, CA.
WILLIAM Q. HAYES, United States District Judge.
The matter before the Court is the motion to suppress post arrest statements and suppress statements because they were involuntary filed the Defendant Mario Castro-Montijo. (ECF No. 19)
On April 2, 2014, Defendant was arrested at a Burger King based upon information provided to law enforcement earlier
that day from an individual arrested bringing methamphetamine into the United States at the San Ysidro Port of Entry. At approximately 12:15 p.m., Agent Torres and Agent Cramer interviewed the Defendant at the Homeland Security office at the Port of Entry. The interview was videotaped. Initially, Agent Torres advised Defendant that he was detained for conspiracy and for bringing in drugs into the United States. Agent Torres advised Defendant of his Miranda rights in the Spanish language and provided Defendant with a waiver form in the Spanish language. Agent Torres spoke to Defendant in the Spanish language. Agent Cramer spoke in the English language with Agent Torres translating to the Spanish language. The interview began as follows:
Agent Torres: Before asking you any question, it's my duty to inform you about your rights, sir. You have the right to remain silent, anything you say can be used against you in a court of justice or in another legal process. You have the right to consult with an attorney before making any statement or answering any question. You have the right for an attorney to be present during questioning. If you can't pay an attorney, one will be appointed before any questioning, if you wish. If you decide to answer the questions now, you still have the right to stop the questioning at any time or to stop the questioning to consult with an attorney. Do you understand? Do you understand?
Defendant: Yes, yes, yes.
Agent Torres: Alright then. Are you willing to answer my questions?
Defendant: Yes, sir, well ...
Agent Torres: Alright then.
Defendant: ... the questions.
Agent Torres: Read this aloud, sign ... I mean, name sign and date this please
Defendant: I didn't understand very well before.
Agent Torres: Aloud, old man, please.
Defendant: I have read or ... I have read or someone has read this statement of rights to me. And when would they appoint the attorney for me?
Agent Torres: Look, this is how things work.
Agent Torres: When you understand, your rights that I explained right now like ... and if you want I can read them again to you.
Agent Torres: Oh, we can't talk to you if you say: " I want an attorney right now," the attorneys aren't going to come right ...