Vasquez
United States v. Vasquez
Opinion
Opinion
Wilson, J.
AMENDED ORDER DENYING DEFENDANTS’ MOTION TO SUPPRESS; FINDINGS OF FACT AND CONCLUSIONS OF LAW [63]
I. INTRODUCTION AND PROCEDURAL HISTORY
On July 21, 2009, the United States (“Plaintiff’ or the “United States”) filed an eight-count criminal indictment against Defendants Erasmo Vasquez Vasquez (“Vasquez”), Eusebio Mantanic Chavez (“Chavez”), and Tomasa Macaría Ajpop (“Ajpop”). Count one charges Defendants for conspiracy under 8 U.S.C. § 1324 (a)(l)(A)(v)(I). Counts two through eight charge Defendants with harboring and concealing seven illegal aliens for private financial gain, under 8 U.S.C. §§ 1324 (a)(1)(A)(iii), (a)(l)(B)(i).
On November 2, 2009, Vasquez filed a motion seeking to suppress all evidence derived from the warrantless entry and search of the residence at 36540 Clear-wood Court, Palmdale, California, 93550 (“the Clearwood Court residence”) on July 8, 2009. Vasquez also sought to suppress all evidence seized during a search of the Clearwood Court residence on July 9, 2009, conducted pursuant to a warrant. Vasquez contends that: (1) the initial war rantless entry and search of the Clearwood Court residence was without probable cause and no exigent circumstances…