United States v. Vazquez

OPINION AND ORDER DENYING MOTION TO SUPPRESS

Hon. Charles Eskridge, United States District Judge

The United States charges Defendant Jamie Julissa Vazquez with conspiracy to possess with intent to distribute more than fifty grams of methamphetamine and aiding and abetting its distribution in violation of federal law. This followed from the seizure of approximately seventeen kilograms of methamphetamine during a search of her vehicle after being stopped on the highway by an officer with the Harris County Constable's Office. She also made an incriminating statement in his presence once taken into custody.

The United States similarly charges Defendants Orlando Orozco-Islas and Diego Martinez with various aspects of possessing, distributing, and manufacturing methamphetamine. And Orozco-Islas is further charged with maintaining a drug-involved premises. All of those charges followed from the seizure of an additional 172 kilograms of methamphetamine at a trailer home in Fresno, Texas that law enforcement officers had under surveillance as part of a narcotics trafficking investigation.

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Vazquez moves to suppress the methamphetamine seized from her vehicle and the statement she gave. Dkt 69. The posture is unusual because video evidence at the first of two hearings established that the putative traffic infraction originally articulated to justify her stop- following another vehicle too closely-occurred only because an officer working in coordination with the United States Drug Enforcement Agency deliberately pulled in front of Vazquez in an unmarked pickup truck. As determined below, it simply isn't credible that the arresting officer was unaware that the pickup truck was a law enforcement vehicle. And it's plainly impermissible for on-duty officers to create the very circumstances used to justify an investigatory traffic stop.

The Government argues in the alternative that either the stop was justified under the collective knowledge doctrine or the evidence should be admitted under the inevitable discovery doctrine. It contends under both theories that the validity of the alleged traffic infraction isn't dispositive because the stop occurred as part of the referenced narcotics trafficking investigation. And indeed, Vazquez was observed at the Fresno trailer home just prior to her arrest, where Orozco-Islas and Martinez placed a cardboard box into the rear compartment of her vehicle. Officers then followed her away from the trailer home upon her departure, ultimately finding the seventeen kilograms of methamphetamine in that box.

The arrest reports and testimony at the suppression hearings establish that reliable information from a confidential informant gave rise to reasonable suspicion that narcotics trafficking was afoot, implicating Vazquez well prior to the traffic stop. Once she departed the trailer home, sufficient reasonable suspicion existed to support the stop. Alternatively, upon her departure, a sequence of events was set in motion that would inevitably lead to the discovery of the methamphetamine placed into her vehicle.

The motion to suppress as to the methamphetamine is thus denied. And because no constitutional violation occurred at the inception of or during the stop, the

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statement made by Vazquez while in custody needn't be suppressed. To the contrary, she received Miranda warnings and thereafter voluntarily made the statement.

The motion to suppress is denied.

1. Findings of fact

The arrest and seizure of the evidence at issue occurred on January 16, 2020. It derived from a narcotics trafficking investigation involving the DEA, the City of Houston Police Department, and the Harris County Constable's Office. But that wasn't initially apparent given the way the facts emerged over the course of two hearings.

The following facts are found to be credible and true based upon the testimony and evidence, except where stated expressly to be not credible or untrue. The evidence received and reviewed includes video from certain body and dashboard cameras. See Dkts 117 (Ex 2, Woods dashboard camera, approximately six minutes; Ex 3, Skero body camera, approximately thirty-two minutes); 118-1 (Skero dashboard camera, approximately two minutes); 118-4 (Skero body camera, approximately four minutes).

The initial suppression hearing took place on January 25, 2021. The Government initially responded to the motion to suppress solely on the basis that Vazquez “was lawfully stopped for violating the traffic laws of Texas” and then gave knowing and voluntary consent to the search of her vehicle. Dkt 75 at 10. And so it sponsored testimony in that regard from Bryan Skero, an officer with the Harris County Constable's Office. See Dkt 100 at 7-97.

Skero testified to seeing Vazquez's vehicle following too closely behind a silver Dodge Ram pickup truck on the Sam Houston Parkway in Southwest Houston. Dkt 100 at 9-10; see also Dkt 118-1 at 0:00:01, and 117 (Ex 2) at 0:04:13. Following another vehicle too closely is a violation of Texas Transportation Code § 545.062(a). Skero thus pulled her over, exited his vehicle, and began talking with her. Dkt 100 at 15-16; Dkt 117 (Ex 3) at 13:48:28 to 13:52:41.

Upon inquiry, Vazquez stated that she didn't have a driver's license or any insurance information, and that

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although she had a Texas identification card, she didn't have it with her. Vazquez then handed Skero a court summons for a recent, prior speeding ticket that contained identifying information. She also provided Skero with her full name of Jamie Julissa Vazquez-Herrera and her date of birth. Skero advised her that she'd been stopped for following a pickup truck too closely. Vazquez confirmed that she had neither a current driver's license nor insurance coverage. She also stated that she was from California, was only recently in Texas, and was that day visiting a friend at a nearby location. Skero also asked questions about her address, job, and travel plans. Dkt 117 (Ex 3) at 13:48:42 to 13:53:18; Dkt 100 at 18-22.

Skero returned to his cruiser to confirm her identity and check for any outstanding warrants. He provided dispatch with various iterations of her name. This took several minutes, with no records found. As he waited, Skero mentioned to an officer in the cruiser with him that he was going to get her out of the vehicle to speak with her further because it was unsafe to do so standing beside the vehicle, given where it was parked. The video showed that Vazquez had stopped in the median between the highway and an entry ramp, which meant that vehicles were passing by at high speeds on both the left and the right. Dkt 117 (Ex 3) at 13:53:20 to 13:59:22; Dkt 100 at 22-25.

Skero returned to Vazquez's vehicle and asked her to exit so that he could talk with her on the median behind her vehicle. He informed her that he couldn't find any identification records under her name. They further discussed the status of her Texas identification card and her current address. Upon inquiry, Vazquez stated that she'd never been in any trouble, and that the speeding ticket was her first. Skero asked if she had anything illegal in the vehicle, and she shook her head in the negative. He then asked for consent to search the vehicle to confirm that fact, and she nodded in the affirmative. Vazquez also stated that she thought she had a college identification card in her vehicle. Dkt 117 (Ex 3) at 13:59:30 to 14:02:20; Dkt 100 at 25-28.

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Skero proceeded to search the front driver compartment, documents in the center console, Vazquez's purse in the passenger seat, and her backpack in the rear seat. He twice brought materials out to inquire if her college ID would be in any of them, but it wasn't. Dkt 117 (Ex 3) at 14:02:25 to 14:05:10; Dkt 100 at 29-31.

Skero then opened the rear hatch door of the vehicle and saw the cardboard box. He asked Vazquez about the contents, and she told him that it was a “replacement device” for a “baby monitor” as “a gift” for a friend. The box was sealed with electrical tape. Skero asked who had opened it, and she replied that she had bought it “offline.” Skero then asked Vazquez twice if he could open the box, and she nodded in the affirmative each time. Skero cut the tape, opened the box, found methamphetamine, immediately placed Vazquez in handcuffs, and gave her Miranda warnings. He questioned her briefly about the contents, but she remained silent. Skero specifically asked her if she wanted to talk, and she shook her head in the negative. Further questioning ceased. Dkt 117 (Ex 3) at 14:05:17 to 14:07:44; Dkt 100 at 32-38.

Given their unsafe location on the highway, Vazquez and her vehicle were driven to a nearby toll plaza. From there, Skero drove Vazquez back to the trailer home. Vazquez initiated discussion with Skero during the drive, mentioning her plans to meet her child and the child's father in California. Dkt 100 at 38-40; Dkt 117 (Ex 3) at 14:11:00 to 14:20:00.

Several hours after they arrived at the trailer home, Vazquez asked for permission to call her child's father to inform him of what was occurring. Skero agreed, and Vazquez remained in his presence for the duration of the call. During the call, Vazquez stated, “Um, remember that I told you that, that I got offered to do something stupid? . . . I got a call from what I talked to you about and um, I decided to come and basically um, I'm going to jail for it.” Dkt 118-4 at 16:15:44 to 16:17:21; Dkt 100 at 39-44.

On cross-examination, defense counsel first had Skero identify a silver Dodge Ram pickup truck onsite at the toll

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plaza after the arrest. Skero testified that it belonged to Officer Bryan Leach of the Rosenberg Police Department, who was also...