Castro-Montijo
United States v. Castro-Montijo
Opinion
Lead Opinion
Hayes, J.
ORDER
The matter before the Court is the motion to suppress post arrest statements and suppress statements because they were involuntary filed the Defendant Mario Castro-Montijo. (ECF No. 19)
BACKGROUND
On April 2, 2014, Defendant was arrested at a Burger King based upon information provided to law enforcement earlier *1136 that day from an individual arrested bringing methamphetamine into the United States at the San Ysidro Port of Entry. At approximately 12:15 p.m., Agent Torres and Agent Cramer interviewed the Defendant at the Homeland Security office at the Port of Entry. The interview was videotaped. Initially, Agent Torres advised Defendant that he was detained for conspiracy and for bringing in drugs into the United States. Agent Torres advised Defendant of his Miranda rights in the Spanish language and provided Defendant with a waiver form in the Spanish language. Agent Torres spoke to Defendant in the Spanish language. Agent Cramer spoke in the English language with Agent Torres translating to the Spanish language. The interview began as follows:
ECF No. 3401 at 6-10. Defendant signed and dated the waiver form in the Spanish language. Defendant’s Exhibit A.