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United States v. Amarillas-Norzagaray

United States District Court, District of Kansas

May 21, 2014

UNITED STATES OF AMERICA, Plaintiff,
v.
CRYSTAL ZOE AMARILLAS-NORZAGARAY Defendant.

MEMORANDUM AND ORDER

ERIC F. MELGREN UNITED STATES DISTRICT JUDGE

This matter comes before the Court on Crystal Zoe Amarillas-Norzagaray’s Motion to Suppress (Doc. 23). Amarillas-Norzagaray contends that all evidence and statements obtained during a traffic stop should be suppressed because the stop was not justified at its inception and because she was not read her Miranda rights. Because the Court agrees that the state trooper did not complete a valid reading of Miranda rights, which the government concedes, the Court grants Amarillas-Norzagaray’s motion as to most of her statements with a few exceptions. The Court, however, denies the motion as it relates to the evidence seized as a result of the traffic stop because the Court finds that the stop was objectively justified at its inception.

I. Factual and Procedural Background

On December 30, 2013, Crystal Zoe Amarillas-Norzagaray was stopped by Kansas Highway Patrol Trooper James McCord on Interstate 70 in Ellis County west of Hays, Kansas. Almost immediately after Amarillas-Norzagaray pulled over, a passenger opened the door and ran south into a field. The trooper asked Amarillas-Norzagaray why the passenger fled, and she responded, “He is scared.” The trooper then ordered Amarillas-Norzagaray out of the car, handcuffed her, and placed her in the passenger seat of his patrol car. The trooper observed a bundle of marijuana behind the driver’s seat and later found several more bundles of marijuana in the trunk. The total amount of marijuana in the car was estimated to be 100 kilograms.

After securing Amarillas-Norzagaray in the patrol car, the trooper forcused his attention on soliciting help to pursue the fleeing passenger. At some point, the trooper started to read Miranda rights to Amarillas-Norzagaray, but he never finished because he was interrupted by a phone call or radio traffic seeking information about the passenger. The trooper then asked Amarillas-Norzagaray several questions about her involvement with the marijuana, the car, and the passenger. Amarillas-Norzagaray was cooperative and answered the questions. The trooper told Amarillas-Norzagaray that she was stopped for following another vehicle too closely. Later, the trooper indicated in a report that his radar clocked the rental car driven by Amarillas-Norzagaray going 80 mph in a 75-mph zone and that he observed the car cross the fog line.

At some point, Amarillas-Norzagaray’s cell phone rang and the trooper answered, but the caller did not speak to him. It was determined that the caller was Amarillas-Norzagaray’s mother, and the trooper allowed Amarillas-Norzagaray to call her mother on the condition that she speak English and put the call on speakerphone. During the brief conversation, Amarillas-Norzagaray told her mother that she had been stopped, that the passenger fled, that she was going to jail, and that she loved her. Amarillas-Norzagaray later was booked into the county jail.

In February 2014, a federal grand jury returned an indictment charging Amarillas-Norzagaray with: 1) conspiracy to distribute a controlled substance, 2) possession with intent to distribute, and 3) interstate travel in aid of a racketeering enterprise. In March 2014, Amarillas-Norzagaray filed this motion to suppress the marijuana and all of her statements. The Court held a hearing on the motion in May 2014.

II. Analysis

Amarillas-Norzagaray raises two issues in her motion to suppress. First, she questions whether the traffic stop was justified at its inception. Second, she argues for suppression of all of her statements because her Miranda rights were violated. The government acknowledges that the trooper did not complete reading Amarillas-Norzagaray her Miranda rights and concedes that it is foreclosed from using most of her statements against her in its case in chief. But the parties disagree about whether the government may use these statements for impeachment purposes if Amarillas-Norzagaray chooses to testify in her defense.

A. The Stop Was Objectively Justified at Its Inception

The trooper arrested Amarillas-Norzagaray almost immediately after the passenger fled. After Amarillas-Norzagaray was handcuffed and placed in the police car, the trooper told her that he stopped her for following too closely. The trooper also indicated in his report that she was driving 80 mph in a 75-mph zone and that her car crossed the fog line. But he never told her about those two violations and did not issue any traffic citations. Amarillas-Norzagaray contends that the stop was pretextual and that evidence does not support the allegations of minor traffic violations.

Under the Fourth Amendment, a traffic stop must be “objectively justified” at its inception.[1] That means that a traffic stop must be 1) “based on an observed traffic violation” or 2) based on an officer’s “reasonable articulable suspicion that a traffic or equipment violation has occurred or is occurring.”[2] The law requires far less than perfect certainty of a traffic violation before an officer may initiate a stop.[3]

Here, any of the three reasons that the trooper testified about during the suppression hearing are enough to make the traffic stop objectively justified. For one, clocking Amarillas-Norzagaray’s rental car at 80 mph in a 75-mph zone is sufficient to meet the burden of reasonable suspicion that she violated a traffic law.[4] And the trooper testified that Amarillas-Norzagaray was following too closely—between 1.25 and 1.5 seconds behind a semi—which was supported by a video admitted during the suppression hearing.[5] Likewise, crossing the fog line provides reasonable suspicion to support a stop.[6] The trooper provided credible testimony about these ...


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