Caballero

ORDER DENYING MOTION TO SUPPRESS

Now before the Court is Defendant’s motion to suppress evidence. Defendant seeks to suppress statements made and cell phone evidence discovered during questioning. The motion is denied.

I. Background

According to the Complaint, Defendant drove his automobile from Mexico to. the United States Port of Entry in Calexico, California. He was the sole occupant of the automobile. At the Port of Entry, United States Customs and Border Protection officers decided to search the automobile and discovered fifteen kilograms of methamphetamine and one kilogram of heroine inside the gasoline tank. Defendant was arrested. Several hours later Defendant was questioned while his cell phone was being manually searched.

Defendant has now provided a sworn declaration in support of his motion. 1 , 2 Defendant states that during his post-arrest questioning, one of the officers *1012 manually searched his cell phone’and discovered a. photograph of a large sum of money. He now seeks to suppress that photographic evidence and the officer’s observation. He argues that it should be suppressed under the exclusionary rule as the fruit of an illegal search, based on Riley v.…