Alvarado-Torres

AMENDED ORDER DENYING MOTIONS TO SUPPRESS STATEMENTS AND DISMISS INDICTMENT FOR VIOLATIONS OF THE VIENNA CONVENTION

I. Overview.

This matter is before the Court on Defendant’s motions (1) to suppress her statements and (2) to dismiss the indictment, because she was not informed of her rights under the Vienna Convention on Consular Relations. For the reasons explained in this order, the motions are DENIED.

II. Background.

On October 24, 1998, Maria Alvarado Torres (“Defendant”) drove a 1980 Dodge Diplomat from Mexico to the Calexico Port of Entry. At primary inspection, a narcotic detector dog alerted agents to Defendant’s car. Defendant was referred to secondary inspection.

At secondary inspection, Defendant gave a negative customs declaration to Customs Inspector Alfred Garcia. In his initial inspection of the vehicle, Inspector Garcia noticed packages in the dashboard and rear quarter panels. Further inspection of the vehicle revealed 130.3 pounds of a green, leafy substance which field-tested positive for marijuana.

Agents thereafter placed Defendant under arrest and informed her, in Spanish, of her Miranda rights. She agreed to waive those rights and speak with the…