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United States v. Cibrian-Lopez

United States District Court, N.D. Iowa, Western Division

May 25, 2018

UNITED STATES OF AMERICA, Plaintiff,
v.
MANUELA CIBRIAN-LOPEZ, Defendant.

          REPORT AND RECOMMENDATION

          KELLY K.E. MAHONEY UNITED STATES MAGISTRATE JUDGE.

         Defendant Manuela Cibrian-Lopez moves to suppress statements she made to officers after her arrest, arguing that she did not validly waive her rights under Miranda v. Arizona, 384 U.S. 436 (1966). Doc. 25. Although officers read Cibrian-Lopez her Miranda rights in English, and later, provided a written version of her Miranda rights in Spanish, Cibrian-Lopez argues that she did not sufficiently understand these warnings, as she speaks only broken English, and the United States (the Government) cannot establish she is literate in Spanish, her native language. The Government resists. Doc. 26.

         I held a hearing on the motion on April 27, 2018. Doc. 64. The Government presented testimony from Deputy Michael Simoni, Deputy Justin Degroot, and Lieutenant Todd Trobaugh, all of the Woodbury County Sheriff's Office; and from Officer Cindy Martinez of the Tri-State Drug Task Force. The Government also submitted (and I admitted) the following exhibits:

. Ex. 1 - police report including narratives from multiple officers (under seal) (Doc. 29)
. Ex. 2 - video from Deputy Simoni's dashboard camera
. Ex. 3 to 5, 8 - video from Deputy Simoni's body camera
. Ex. 6 to 7 - video from Deputy Degroot's body camera
. Ex. 9 - Spanish warning provided to Cibrian-Lopez (Doc. 26-1)
. Ex. 10 - Lieutenant Trobaugh's police report (under seal) (Doc. 29-1)
. Ex. 11 - translation of Spanish warning by Piet J. Koene and supporting declaration (Doc. 26-2)
. Ex. 12 - March 24, 2018, letter from Cibrian-Lopez (under seal) (Doc. 63-1)
. Ex. 13 - March 27, 2018, letter from Cibrian-Lopez (under seal) (Doc. 63-2)
. Ex. 14 - Officer Martinez's police report regarding Cibrian-Lopez's jailhouse calls (under seal) (Doc. 63-3)
. Ex. 15 - Officer Martinez's police report regarding March 27, 2018, letter (under seal) ...

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