Cano

ORDER DENYING MOTION TO SUPPRESS AND MOTION FOR RETURN OF PROPERTY

Presently before the Court are Defendant’s motion to suppress and motion for return of property. The Court held an evidentiary hearing on these matters on October 25, 26 and 31, 2016. For the reasons discussed below, Defendant’s motions are DENIED.

I. FACTUAL BACKGROUND

On July 25, 2016 at approximately 6:30 a.m., Defendant, Miguel Angel Cano, applied for entry to the United States at the San Ysidro Port of Entry (“POE”). A Customs and Border Protection (“CBP”) officer conducted a primary inspection of Defendant and his pick-up truck. The CBP officer subsequently referred Defendant to secondary inspection.

During secondary inspection, a dog alerted to the spare tire located underneath the bed of the truck. Secondary officers handcuffed Defendant shortly thereafter. Defendant was taken to the security office where he was handcuffed to a bench. CBP officers cut the spare tire open and found approximately 16.52 kilograms of cocaine. Defendant was subsequently placed under arrest.

After the cocaine was found, CBP officers called the Homeland Security Investigations (“HSI”) office, which dispatched Special Agents…