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United States v. Lopez-Tubac

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

July 26, 2018

UNITED STATES OF AMERICA, Plaintiff,
v.
MISAEL SAQUEO LOPEZ-TUBAC, Defendant.

          REPORT AND RECOMMENDATION

          C.J. Williams Chief United States Magistrate Judge

         TABLE OF CONTENTS

         I. Introduction ...................................................................................... 2

         II. Facts .............................................................................................. 2

         III. Applicable Law ................................................................................. 5

         IV. Discussion ....................................................................................... 7

         A. Conflating Target with Defendant ......................................................... 8

         B. Questioning Defendant During Stop .................................................... 10

         C. Inventory Search After Arrest ........................................................... 11

         V. Conclusion ..................................................................................... 13

         I. INTRODUCTION

         This matter is before the Court pursuant to defendant's Motion to Suppress Evidence allegedly obtained in violation of the Fourth, Fifth, and Sixth Amendments to the United States Constitution. (Doc. 22). The Government resists defendant's motion. (Doc. 24). A grand jury charged defendant on eight counts of immigration-related offenses. Counts One (1), Three (3), Five (5), and Seven (7) charge defendant with Unlawful Use of Identification Document in violation of 18 U.S.C. § 1546(a). (Doc. 2). Counts Two (2), Four (4), Six (6), and Eight (8) charge defendant with Misuse of a Social Security Number in violation of 42 U.S.C. § 408(a)(7)(B). (Id.). Defendant seeks to suppress evidence stemming from a traffic stop that occurred on May 8, 2018, in Waterloo, Iowa. Defendant contends that the Immigration and Customs Enforcement (ICE) agent who arrested defendant lacked reasonable and articulable suspicion to initiate the traffic stop. Defendant further contends that, once stopped, the ICE agent elicited incriminating testimony from defendant without properly appraising defendant of defendant's rights. Additionally, at hearing for this motion, on July 18, 2018, defendant asserted that the inventory search of defendant conducted subsequent to his arrest was in violation of his Fourth Amendment rights. This Court gave the government forty-eight hours to submit a supplemental brief on this issue. Defendant was granted forty-eight hours after the filing of government's supplemental brief to respond. Defendant did not file timely, but in the interest of justice I will address the argument raised at hearing. See Fed. R. Crim. P. 45(a)(2).

         For the following reasons, I respectfully recommend that the Court deny defendant's Motion to Suppress.

         II. ...


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