United States v. Martinez

1

UNITED STATES OF AMERICA, Plaintiff, v. TERESA P. MARTINEZ, and DAISY FLORES, Defendants.

No. 8:22-CR-25

United States District Court, D. Nebraska

June 29, 2023

MEMORANDUM AND ORDER ON MOTION TO SUPPRESS

Brian C. Buescher, United States District Judge.

I. INTRODUCTION

This matter is before the Court on Magistrate Judge Susan M Bazis's Findings and Recommendation, Filing 97 recommending that the undersigned deny defendant Teresa P. Martinez's Motion to Suppress, Filing 53, and defendant Daisy Flores's Motion to Suppress, Filing 61. Both Martinez and Flores have filed objections to Judge Bazis's Findings and Recommendation. Filing 98; Filing 101. For the reasons stated herein, the Court overrules the objections, adopts Judge Bazis's Findings and Recommendation in its entirety, and denies the Motions to Suppress.

II. BACKGROUND

On February 6, 2022, Deputy Jacob Wirthele of the Otoe County Sheriff's Office was patrolling on Highway 2 in Otoe County, Nebraska. Filing 96 at 4-5, 9. At around 11:30 a.m., Deputy Wirthele saw a Ford Expedition with California plates speeding in a construction zone on the Missouri Bridge between Nebraska and Iowa. Filing 96 at 10-11. Deputy Wirthele activated the lights on his patrol car, causing the vehicle to pull over after crossing the bridge into Iowa. Filing 96 at 12-13, 67. After the vehicle stopped, Deputy Wirthele exited his patrol car and walked to the Ford's front passenger window. Filing 96 at 13, 16; Ex. 2 at 1:50-2:05. Defendant Martinez was in the driver's seat and defendant Flores, who is Martinez's daughter, was in the passenger seat. Filing 96 at 16.

Deputy Wirthele explained to Defendants the reason for the stop and asked for their licenses, vehicle registration, and proof of insurance. Filing 96 at 16-17. Defendants provided him with the vehicle's registration-which listed Daisy Flores and Martinez Patino as the owners- and Flores's California driver's license. Filing 96 at 19; Ex. 2 at 2:26-3:05; Ex. 14. Martinez admitted that she did not have a driver's license, however. Filing 96 at 20-21.

While interacting with Defendants, Deputy Wirthele thought they were acting nervous and made several observations that made him suspicious. First, Deputy Wirthele noted that Defendants immediately began making excuses for speeding before he had explained the reason for the stop, which he testified was different from how other people usually react to being stopped. Filing 96 at 22-23; Ex. 2 at 2:05-2:22. Second, Deputy Wirthele noticed that the vehicle had minimal luggage and that Martinez and Flores each had two cell phones. Filing 96 at 20. Deputy Wirthele explained at the suppression hearing that, based on his training and experience, drug traffickers often travel lightly and have more than one cell phone. Filing 96 at 20-22. Third, when Deputy Wirthele commented on the eagles near where the Ford stopped, Flores spontaneously began telling him that her and Martinez were headed to an art museum in Kansas and that it was her birthday weekend. Filing 96 at 23; Ex. 2 at 2:33-2:41. Deputy Wirthele testified that Flores's statements sounded rehearsed because they were unrelated to his remark about the eagles. Filing 96 at 23. He also noticed later during the stop that Flores's driver's license listed her birthday as a month away, despite Flores stating her and Martinez were presently traveling for her birthday. Filing 96 at 23- 24; Ex. 12.

Deputy Wirthele informed Defendants that he would issue a warning ticket and asked Martinez to come back to his patrol car because she did not have a driver's license. Filing 96 at 24-25; Ex. 2 at 3:23-3:31. Martinez walked back to the patrol car with Deputy Wirthele and sat in the passenger seat. Filing 96 at 25. Deputy Wirthele asked Martinez where her and Flores were driving, and Martinez replied that they were traveling to Kansas. Filing 96 at 26; Ex. 2 at 5:08- 5:25; Ex. 3 at 5:50-6:00. When Deputy Wirthele asked where in Kansas, Martinez started explaining that Flores was her daughter and that it was Flores's birthday, but did not give an answer to Deputy Wirthele's question. Filing 96 at 26; Ex. 3 at 6:00-6:09. Deputy Wirthele then collected Martinez's information and began speaking to dispatch. Ex. 3 at 6:15-8:30. Deputy Wirthele inquired again where in Kansas Defendants were traveling, and Martinez reiterated that it was Flores's birthday. Ex. 3 at 8:52-59. Deputy Wirthele noted that Martinez was not responding directly to his questions. Filing 96 at 26. Deputy Wirthele then asked which city in Kansas and provided several potential city names. Filing 96 at 31; Ex. 3 at 8:59-9:05. Martinez stated that she did not know, and that Flores had the directions. Ex. 3 at 9:05-9:15. Deputy Wirthele found this response odd because, in his experience, a vehicle's occupants know to which city they are traveling. Filing 96 at 28, 88.

After Deputy Wirthele asked Martinez when Defendants had left Fresno, California, Martinez first stated February 1, 2022, but later corrected herself and said February 3. Ex. 3 at 11:19-11:56. Martinez told Deputy Wirthele that they planned to be in Kansas three days. Filing 96 at 28-29; Ex. 3 at 10:54-11:02. When asked about Defendants' plans in Kansas besides visiting a museum, Martinez could not provide any specifics. Ex. 3 at 11:10-11:18. These responses also raised Deputy Wirthele's suspicions. Filing 96 at 28.

In response to Deputy Wirthele's questions about Defendants' route, Martinez indicated that Defendants had driven through Lincoln, Nebraska. Filing 96 at 29; Ex. 3 at 18:19-18:30. Deputy Wirthele testified that this answer did not make sense because it suggested that Defendants were using a substantially slower route. Filing 96 at 29-30. Deputy Wirthele used Google Maps to map a route from Fresno to eastern Kansas and determined that Defendants were off route and should have been on I-70. Filing 96 at 29. When Deputy Wirthele confronted Martinez with this information, Martinez explained that they were on the route given by their GPS, and later said she was trying to avoid storms. Filing 96 at 30; Ex. 3 at 20:40-21:34. During his conversation with Martinez, Deputy Wirthele noticed that she was leaning away from him, had positioned herself towards the corner of his vehicle, and that she was breathing rapidly, which he found to be indicative of nervousness. Filing 96 at 31.

While Deputy Wirthele spoke to Martinez, he was in contact with dispatch trying to get information about Martinez and Flores. Filing 96 at 26. Dispatch was unable to locate a license or a female from California with Martinez's name and relayed that Flores's license was suspended and revoked. Filing 96 at 26-27. Deputy Wirthele testified that a lack of a license and a revoked license is a factor he considers when determining whether an individual is involved in criminal activity. Filing 96 at 90.

Deputy Wirthele returned to Defendants' vehicle to speak with Flores while Martinez remained behind in the cruiser. Filing 96 at 32. Deputy Wirthele asked Flores where her and Martinez were traveling, and Flores said Kansas. Filing 96 at 32. When Deputy Wirthele asked where in Kansas, Flores could not provide the name of a city, but later indicated that her and Martinez were driving to Kansas City when Deputy Wirthele provided that name. Filing 96 at 34; Ex. 2 at 21:20-23:54. Flores told Deputy Wirthele that her and Martinez would be in Kansas for a couple days or a week, which was slightly different from the timeframe given by Martinez. Filing 96 at 32, 34. Flores also explained that they were not on I-70 because they had missed an exit, although she could not remember where they missed the exit. Filing 96 at 34; Ex. 2 at 22:40-23:03. Deputy Wirthele testified that for Defendants to have missed an exit for I-70, they would have to have been somewhere in Colorado. Filing 96 at 34. Deputy Wirthele's conversation with Flores and the conflicting answers provided by Martinez and Flores further raised his suspicions. Filing 96 at 90-91.

Deputy Wirthele returned to his cruiser to speak with Martinez while Flores remained in the Ford Expedition. Filing 96 at 37. Deputy Wirthele began printing a warning ticket for Martinez and told Martinez that Flores's license was suspended and revoked. Filing 96 at 37-38. After advising Martinez that her and Flores should pull over at a gas station because neither of them had a valid license, Deputy Wirthele told Martinez, “So, I'm done with the traffic stop. I do have some other questions for you if you're willing to answer them for me.” Filing 96 at 39; Ex. 2 at 27:45- 28:51. Martinez said, “Okay.” Filing 96 at 39; Ex. 2 at 28:51-28:53. Deputy Wirthele then asked if there was anything illegal in the car, and Martinez said no. Ex. 2 at 28:54-29:23. Deputy Wirthele asked for Martinez's consent to search the vehicle, and Martinez indicated that the Ford Expedition was Flores's car. Filing 96 at 39; Ex. 2 at 29:24-29:37. Deputy Wirthele asked Martinez to remain in the cruiser while he asked Flores for consent to search the vehicle. Filing 96 at 40; Ex. 2 at 29:36-30:16.

Deputy Wirthele walked back to the Ford Expedition and, after inquiring about anything illegal in the car, asked Flores if he could search the vehicle. Filing 96 at 41; Ex. 2 at 30:50-31:05, Flores said no. Filing 96 at 41; Ex. 2 at 31:05-31:17. Deputy Wirthele told Flores that she had every right to say no and informed her that he was going to call for a K-9 unit. Filing 96 at 41; Ex 2 at 31:25-32:15. Deputy Wirthele returned to his cruiser and again asked Martinez if he could search the vehicle because she seemed to be listed on the registration. Filing 96 at 84; Ex. 2 at 32:42-33:10. In response, Martinez reiterated that Flores was the owner of the...