United States v. Darren Joseph Becker

Darren Joseph Becker appeals his conviction of one count of making a false statement to a government officer, in violation of 18 U.S.C. § 1001 (1982). He contends that his response to a question posed by a Customs port director during a prearrest, noncustodial interrogation falls within the exculpatory no exception which, in this circuit, is a defense in § 1001 prosecutions. We affirm.

On March 1, 1987, Becker, who was accompanied by codefendant Nancy Mae Hoyt, drove a 1963 Dodge station wagon to the port of entry at Tecate, California. The Tecate port director, Edwin D. Sute-hall, was assisting the Customs inspector in the easternmost primary inspection booth. Sutehall motioned to Inspector Reyes Rodriguez to indicate that perhaps the vehicle should be sent for a secondary inspection.

Rodriguez asked Becker for a declaration of citizenship. Both occupants stated that they were Americans. Rodriguez then asked the occupants routine questions about articles that they had acquired abroad, and asked for identification. Becker handed a driver’s license to the inspector. Hoyt fumbled around in her purse. When Hoyt did not produce identification, Inspector Rodriguez directed the…