5th Circuit Holds that a Defendant’s Confession to Harboring Illegal Aliens Can Be Suppressed Where ICE Agents Violated the Fourth Amendment

In United States v. Hernandez, 670 F.3d 616 (Ct. App. 5th 2012), The United States Court of Appeals for the Fifth Circuit found error in the denial of a Defendant’s motion to suppress her post-Miranda statements as fruit of the poisonous tree. The Court reversed the denial of defendant’s suppression motion, vacated the conviction and sentence, and remanded.

In Hernandez, law enforcement officers received an anonymous tip that ten to fifteen illegal aliens were being held against their will in Defendant Melinda Hernandez’s trailer. The officers, including Immigration and Customs Enforcement (“ICE”) agents, went to Hernandez’s trailer around midnight to investigate. After announcing themselves and receiving no response, the officers banged on the doors and windows, shouting that they were police and that the occupants should open the door. The officers then heard movement within the trailer. They tried to open the front door, but the outer screen door was locked. After one of the officers broke the glass pane of the screen door with a baton, Hernandez screamed that she was coming to open the door. When Hernandez opened the door, she noticed that the officers had their weapons drawn.

The officers searched the trailer and found two illegal aliens, Luis Alberto Andrade-Quesada and his nephew, Jose Moises Regalado-Soto, in the trailer. Hernandez, Andrade-Quesada, Regalado-Soto, and Hernandez’s boyfriend, Sergio Guadalupe Ayala, who was also in the trailer at the time, were taken to the ICE office for questioning. Hernandez and Ayala waived their Miranda rights and admitted that Andrade-Quesada and Regalado-Soto stayed in the trailer and that they knew that the two men were illegal aliens. Andrade-Quesada also made a statement indicating that he had agreed to pay Hernandez $150 per month so that he and his nephew could stay with her.

Hernandez was charged with harboring an illegal alien for financial gain. She argued that the post-Miranda statements that she, Ayala, and the illegal alien made at the ICE office constituted fruits of the poisonous tree and should be excluded. She also argued that her doorstep admission that she had at least one illegal alien in her home, which the Government asserted gave authorities probable cause to arrest her, was obtained by exploiting the illegal entry into her home. The district court denied Hernandez’ motion to suppress the statements.

The appellate court disagreed, holding that suppression of Hernandez’ post-arrest confession was warranted under the “fruits of the poisonous tree doctrine” because (1) her doorstep admission was tainted by the agents’ Fourth Amendment violation since she was illegally “seized” without probable cause before the admission due to the agents’ actions, and the fact that an agent informed her about the anonymous tip after or during the course of the violation was not an “intervening event of significance,” and (2) factors weighed heavily in her favor since there was no indication that more than a few hours passed between the violation and the statements, there were no intervening circumstances, and the agents’ conduct was egregious.

Those accused of crimes are entitled to the protections of the Constitution of the United States. An experienced criminal defense attorney ensures a defendant’s rights are protected. If you have been charged with, or convicted of an offense, you still have rights which the Law Offices of Marc Neff can protect. For a confidential consultation, please contact our office at 215-563-9800 or via email at marc@nefflawoffices.com.