Hodoyan-Palacios

United States v. Hodoyan-Palacios

Good Law
993 F. Supp. 789·1998 WL 50129·1998 U.S. Dist. LEXIS 9126
United States District Court, Southern District of CaliforniaJanuary 20, 1998CR 97-1799 JMCalifornia2,587 words

Opinion

Opinion

Miller, J.

ORDER DENYING DEFENDANT’S MOTION TO SUPPRESS STATEMENTS

Defendant Alfredo Hodoyan-Palacios (“Hodoyan”) moves to suppress statements he made to governmental agents. Plaintiff United States of America (“United States”) opposes the motion and argues that Hodoyan’s detention was lawful as part of an investigatory detention or, alternatively, that the independent source exception is applicable and the statements need not be suppressed. Having considered the papers submitted, the record before the court, the extensive testimony presented at the time of the hearing, the arguments of counsel, and the applicable authority, the court denies defendant’s motion to suppress statements.

BACKGROUND

The government submits that a cartel commonly known as the Arellano-Felix drug trafficking organization (“AFO”) is believed by law enforcement agencies to be one of the most violent drug trafficking organizations in the Republic of Mexico (“Mexico”). It is claimed the AFO is linked to the murder and bombing of competitors, cooperating sources of information, and the slaying of Mexican Cardinal Juan Jesus Posada. The AFO is known by law enforcement to control the transportation and distribution of…

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