United States District Court, S.D. California
WILLIAM Q. HAYES United States District Judge
matters before the Court are as follows: 1) Defendant's
motion to suppress arrest (ECF No. 21); 2) Defendant's
motion to dismiss the indictment (ECF No. 37); 3)
Defendant's motion to dismiss the indictment (ECF No.
42); and Defendant's motion for a judicial order
regarding potential witness (ECF No. 47).
11, 2016, United States Border Patrol Agent Martinez was
assigned to the Highway 94 checkpoint conducting inspection
duties. The nearest town to the fixed location checkpoint is
Jamul. There are no businesses and few residences located in
immediate vicinity of the checkpoint. Agent Martinez
testified that he had worked at fixed border checkpoints for
eight years, including the Highway 94 checkpoint. Agent
Martinez testified that recent apprehensions and smuggling
events at the Highway 94 checkpoint indicated an organization
out of San Bernadino was picking up illegal aliens near
Tecate and dropping them off just east of the checkpoint.
Agent Martinez testified that the individuals would take a
trail on the north side of the checkpoint and gt picked up
west of the checkpoint to avoid detections and inspection. At
approximately 1:42 p.m., motorcyclist approached the primary
inspection booth and told Agent Martinez that he just
observed three individuals get out of a silver Mazda pointing
back to his east along Highway 94. Agent Martinez testified
that the motorcyclist indicated to him that the vehicle that
had dropped off the three people approaching the primary
booth and pointed to a silver Mazda.
motorcyclist testified that he was driving home from work on
Highway 94, a two lane road with a gravel
shoulder. The motorcyclist testified that he was
following behind a silver import which pulled over to the
gravel shoulder just before the last corner before the
checkpoint. The motorcyclist testified that three individuals
got out of the car and run into the gully on the side of the
road. The motorcyclist testified that this took place just
east of the checkpoint in an area that was not observable
from the checkpoint. The motorcyclist testified that the area
had no businesses or residences in the area and that he
believed this looked suspicious and strange. The motorcyclist
testified that he informed the agent as he stopped at primary
inspection that three people just jumped out of a little
silver import right around the corner.
Martinez questioned the driver of the silver Mazda sedan at
primary inspection. The driver stated that he was a United
States citizen, and that he was coming from Tecate. The
driver displayed a drivers license from the Los Angeles area.
Agent Martinez sent the driver, the Defendant in this case,
to secondary inspection at approximately 1:43 p.m.
approximately 1:50 p.m.. Border Patrol Agent Kratt and his
assigned canine arrived at the checkpoint. Agent Kratt was
informed of the citizen report and left the checkpoint with
his canine in search of the people that had reportedly been
dropped off prior to the checkpoint. Agent Kratt arrived at
the area described by the motorcyclist and encountered three
individuals concealing themselves in the surrounding bushes
approximately thirty minutes after exiting his vehicle and
beginning the search. The individuals were found
approximately 1/3 mile east of the checkpoint and 20 feet
north of S.R. 94, in the area where the motorcyclist stated
the three individuals had exited the silver Mazda.
Kratt conducted a field interview on the three individuals to
determine their alienage and immigration status. The three
individuals stated that they were born in Mexico, that they
were Mexican citizens, and that they did not have any
immigration documents to legally enter the United States. One
of the individuals, later identified as Jose Alberto
Hernandez-Hernandez told Agent Kratt that he was picked up in
Tecate, CA and dropped off by a black driver near the area
that he was found. Hernandez-Hernandez told Agent Kratt that
he was going to hike over the hill to get around the
checkpoint. Agent Kratt placed the three individuals under
arrest for entering the being in the United States illegally.
approximately 2:45 p.m., Agent Kratt returned to the
checkpoint and placed the Defendant under arrest for alien
23, 2016, an indictment was filed charging the Defendant
Willie Jones, Jr. with three counts of transportation of an
alien with the intent to violate the immigration laws in
violation of 8 U.S.C. § 1324 (a)(1)(A)(ii). (ECF No.
Defendant moved to suppress his seizure and arrest on the
grounds that the agents lacked reasonable suspicion to detain
him. (ECF No. 21).
November 7, 2016, Defendant moved to dismiss the indictment
on the grounds that the agents lacked reasonable suspicion to
detain him. (ECF No. 37).
December 5, 2016, Defendant moved to dismiss the indictment
on the grounds that the agents lacked probable cause to
arrest him. (ECF No. 37).
December 15, 2016, the Government filed a response in
opposition to the motions to suppress his seizure and arrest
and the ...