United States v. Woodland
United States v. Woodland
Opinion of the Court
An interrogation of an individual suspected of serious criminal activity will often consist of something other than a polite exchange of questions and answers. Law enforcement is also not obligated to identify and use the location that would be most appealing to the subject of the interrogation or to provide the subject with every accommodation that the subject might desire. But when the environment in which the interrogation is conducted becomes one in which a reasonable person would not believe that he could terminate the interrogation and leave, the subject must be advised of his rights pursuant to Miranda v. Arizona ,
In this case, the Government has charged Defendant James Thomas Woodland, a United States Postal Service ("USPS") mail carrier, with one count of conspiracy to distribute and possess with intent to distribute five kilograms or more of cocaine. ECF No. 1 at 1.
I. BACKGROUND
On July 12, 2017, the Government filed the Indictment in this case, charging Defendant with one count of conspiracy to distribute and possess with intent to distribute five kilograms or more of cocaine. ECF No. 1 at 1. On November 8, 2017, Defendant filed motions to suppress any statements he made during his April 25, 2017, interview with law enforcement, arguing that the interview amounted to a custodial interrogation requiring that he be read his Miranda rights, ECF No. 23, and evidence obtained from searches of his phone, car, and residence, arguing that he did not give valid consent to these warrantless searches, ECF No. 24. The Government opposed these motions, ECF No. 27, and an evidentiary hearing was held on December 11, 2017. ECF No. 30. At that hearing, the Government presented two witnesses: Hugo Aldana, the USPS Postmaster of Bethesda, Maryland, and Special Agent Ivan Balaguer, a USPS Postal Inspector who was in charge of the investigation and interview of Defendant. Postmaster Aldana testified regarding the circumstances leading up to Defendant's interview with law enforcement, and Balaguer testified as to the content of the interview. The Government also provided the Court with an audio recording of the interview of Defendant, which the Court reviewed multiple times in chambers.
Postmaster Aldana testified that he began his career with USPS in 1988 and has held the position of Postmaster for two and a half years. As Postmaster, Aldana is responsible for all postal-related activities in Bethesda, Maryland including the collection *867and delivery of the mail. Defendant was one of his employees. On April 25, 2017, Aldana received a phone call from the Office of Inspector General
Aldana was present when the Defendant returned to the post office. Two Postal Inspectors, Balaguer and Special Agent Steven Scully, were there and said they would like to ask the Defendant some questions if he did not mind. They read him his Garrity rights from a pre-printed document while they were all sitting in the manager's office.
Balaguer testified that he is a Postal Inspector and has been in that position for five years. He works at the Westlake Post Office in Bethesda. On April 25, 2017, he had been doing surveillance on the Defendant as the Defendant delivered mail on his route. Between 12:45 and 1:00 PM, he was informed that a call had been made to have Defendant return to the post office. He followed Defendant back to the Westlake Post Office and saw him enter the facility. Balaguer entered through a different entrance, and contacted Scully who met them there. Balaguer next saw the Defendant when Aldana brought him into a manager's officer where Scully and Balaguer were waiting. The door was closed behind them and there were four of them in the room. Scully identified himself and *868introduced Balaguer; both individuals were in plain clothes but introduced themselves as "police." Scully read him his Garrity rights, which included advising the Defendant that he was free to leave. The Defendant reviewed the form and initialed and signed it. Balaguer asked the Defendant if he would accompany them to a room on the second floor so they could have a more private conversation. The Defendant agreed to go to the second floor, and was not restrained as they went upstairs. They went upstairs and into an area that is access-controlled and that only OIG has access to. A badge is needed to get in but not to exit.
A total of five law enforcement personnel were in the OIG office with the Defendant: Scully, Balaguer, another Postal Inspector and two Montgomery County Police Department detectives. Everyone was in plain clothes and their weapons were concealed within their jackets. No officer sat between the Defendant and the door at any time. Recording began almost as soon as the Defendant entered the room. The door remained open for most of the interview, although it was closed about 60-90 minutes into the interview because of 3-5 agents who arrived outside of the interview room. Those agents were also involved in the instant case. The door was closed at that point to minimize distraction. Defendant had a cellphone in his possession during the interview and, at some point, Balaguer asked for consent to search the cellphone. According to Balaguer's testimony on direct examination, the Defendant gave verbal consent, unlocked the phone and handed it to Balaguer.
Thirty minutes into the interview, the Defendant asked for a cigarette break and, eventually, he was provided one. The Defendant was accompanied by Balaguer and a detective during the smoke break. Balaguer testified that he accompanied the Defendant on the smoke break "to be friendly." He continued recording the conversation during the smoke break. When going out for the smoke break, they went downstairs into a rear gated area, stepped out and walked to the Defendant's postal vehicle; from there, the Defendant retrieved his cigarettes. They began talking about his personal vehicle, which was 20 yards away. Balaguer asked for consent to search the vehicle and it was provided. A search of the vehicle revealed a small amount of marijuana. They walked back upstairs and continued the interview.
The officers found incriminating messages on the Defendant's phone, and Balaguer advised the Defendant that the phone was evidence and asked for consent to image the phone. The Defendant agreed and Balaguer had him sign a consent-to-search form after explaining the contents of the form. The Defendant was told that the inspectors would get a search warrant if consent was not provided.
At the end of the interview, Balaguer asked for consent to search Defendant's home after reading a consent to search form. Balaguer transported him to his residence where a consent-search of his residence took place. The reason Balaguer drove the Defendant home was concern over comments that Defendant had made regarding suicide. Defendant was not placed under arrest after the search of his home and, in fact, he was not arrested until months later.
*869II. DISCUSSION
A. Statements Made During Non-Mirandized Interview
Defendant asks the Court to suppress any statements that he made during his interview with law enforcement on April 25, 2017. ECF No. 23 at 1. While the Defendant was advised of his Garrity rights, the parties agree that he was not advised of his Miranda rights before being interviewed by law enforcement. Defendant argues that he was in custody at the time and should have been advised of his Miranda rights. Id. at 4. The Government, however, argues that Defendant was never in custody, was always free to end the interview and leave the Westlake Post Office, and that the Miranda warnings were therefore not necessary. ECF No. 27 at 8.
The Fifth Amendment privilege against self-incrimination provides that "[n]o person... shall be compelled in any criminal case to be a witness against himself." U.S. Const., Amendment V. In Miranda v. Arizona ,
Here, the "time, place and purpose of the encounter" weigh in favor of a finding of custody. Defendant was interviewed for approximately two and a half hours, with only one meaningful break where he was accompanied as he smoked a cigarette and the officers gained consent to search his car.
The "words used by the officer, the officer's tone of voice and general demeanor" strongly support a finding that Defendant was in custody at the time he was questioned. Although Aldana and Balaguer testified that the officers' initial demeanor was casual, the audio recording reveals that the law enforcement officers continuously and aggressively talked over Defendant and questioned him in a manner that was, at many points, hostile for over two hours. For instance, relatively early in the interview, the Defendant is confronted by Balaguer in this exchange:
Balaguer: And they're all coming to your route, and they're all on your scanner. And when this one says it's supposed to be delivered to this street, guess what? The geolocation on your scanner isn't in front of this address; it's at a completely different place, which is the really suspicious, really guilty part of this whole thing. Why would-you know, if you were legitimately doing what you were supposed to do, why didn't this package go to this business, and the geolocation scan show that it was at this business?
Woodland: It probably was forgotten and went to the apartments and I scanned it there and then took it over.
Balaguer: For all clusters of all the past parcels?
Woodland: No. Naw-
Balaguer: You know, that's the suspicious part.
Woodland: Naw.
Balaguer: So, again, I'm going to give you an opportunity here to just tell me straight up what's going on. You know, straight up.
Woodland: And I can't tell you. All I do is drop and roll.
Balaguer: That's not what you're doing.
Woodland: Yeah, I'm might be-
Balaguer: That's not what you're doing.
Woodland: I'm-sometimes I'll be at 6600-150, and I'm getting ready to go to Rock Forest or I'm getting ready to go to 6500, and I scan-scan someone *871and get to where I have to (inaudible) about the truck, I just roll.
Balaguer: That's not what you're doing, man.
Scully: Let me ask-
Balaguer: James, that's not what you're doing. I mean, I can prove to you-
Woodland: Okay. I understand.
Balaguer: -that the scanners are-you know, if this-they're not being delivered to these addresses. They're not. That's why we-you-you know, the-it's got fancy equipment. You're holding onto it. I can tell you everywhere you've been, at what time you've been there. And I can tell you when you've scanned this one "delivered," it hasn't been at that location. It's at the-at the opposite route-at the opposite end of your route.
Transcript at 16-19.
In this exchange, the inspectors confronted Defendant with evidence that he was guilty, walking him through geolocation scans that purportedly demonstrated his illegal activity, and rejected his attempts to deny the allegations, both of which could further an objective belief that he was not free to leave. See Tankleff v. Senkowski ,
And throughout the interrogation, the inspectors repeatedly indicate their certainty that the Defendant is guilty of criminal activity and reference the extent of their investigation. See Transcript at 22 ("we've got detectives and agents at each one of these addresses-"); Transcript at 23 ("I am very convinced that you do play a part in this, okay?");
Furthermore, as captured in the recording and conceded by Balaguer, the officers repeatedly pressured Defendant by informing him that he was facing significant jail time and would be fired from his job if he did not cooperate. See Transcript at 30 ("You've gotta get out in front of this ... You don't want to lose your job."); Transcript at 31 ("We don't want to put you in federal prison. We-we also have a job to do"); Transcript at 32-32 ("There's a kilo of cocaine in each one of these ... that's like a whole lot of time in federal prison"); Transcript at 42 ("Either talk or you're going to be on the hook for ... five kilos"); Transcript at 46 ("once we leave, it could turn real bad for you because ... your *872employment is on the line."); Transcript at 104 ("you're looking at a mandatory 10 years"). To hammer home the point, the inspectors informed the Defendant that he is "not the first carrier that may go to prison for this stuff" and then proceeded to share the story of a District of Columbia Postmaster who is "still sitting in prison right now for marijuana. This is coke." Transcript at 35-36. Thus, having been told that the inspectors are certain of his guilt, he is repeatedly told that he faces a lengthy federal prison sentence for his conduct. Overall, based on the tone and content of the officers' questions and statements, a reasonable person would have felt significant pressure to stay and answer the officers' questions, and would not have felt free to leave the interrogation.
Finally, "the presence of multiple officers, the potential display of a weapon by an officer, and whether there was any physical contact between the officer and the defendant" also slightly weigh in favor of a finding of custody. Although no weapons were displayed and there was no physical contact with the defendant, the questioning occurred in a room with at least five members of law enforcement, including two detectives from the Montgomery County Police Department. Defendant was aware that he was in an area of the building that was access-controlled, and at one point in the interview the door to the room he was in was closed.
The Government points to evidence that the Defendant was provided with a break to smoke a cigarette as indicative of the fact that the Defendant had the freedom to leave; but this break, the only one given between the initiation of questioning and his incriminating statements, actually proves the opposite. The first time the Defendant asks for a break to smoke a cigarette is at the 21:12 mark of the recording. Transcript at 39 ("I need a cigarette. Man, ya'll have me fucking blown right now."). In response, the interviewers simply continue to question him. At the 23:19-23:23 mark, the Defendant twice asks "Can I smoke a cigarette?" and the response is that he cannot smoke there and he is asked to "give us a minute." Transcript at 44.
And rather than being granted "some thinking time" during the "break," the Defendant was accompanied by two officers who continued to record their conversation with him and subsequently searched his car.
In their brief and at the motions hearing, the Government argued that United States v. Maldonado ,
And to the extent that the Government relies heavily on the fact that Defendant was told he was free to leave, "such a statement 'is not 'talismanic' or sufficient in and of itself to show a lack of custody.' " Hashime ,
B. Evidence Obtained From "Consent" Searches
Defendant also asks the Court to suppress evidence that the Government obtained following consented-to searches of his phone, car, and home. ECF No. 25 at 4. Defendant argues that (1) "there is no record in the Interview recording" that Defendant gave consent to search his phone or vehicle, ECF No. 29 at 5; (2) that Defendant was not read his Miranda warnings before offering his consent, ECF No. 25 at 5; and, (3) that Defendant did not give consent voluntarily, Id. at 6.
First, the lack of a record regarding Defendant's spoken consent to search his phone or car does not require the Court to suppress evidence gained from subsequent searches. A defendant need not give consent verbally for there to be valid consent. Where a suspect responds to law enforcement's requests to search his person or belongings with an act that affirmatively facilitates the search, the suspect has validly consented to the search. See United States v. Smith ,
Second, the fact that Defendant was not given his Miranda warnings does not mean that his consent was involuntary, or that the fruits of such a search should be suppressed. In United States v. Patane ,
*875Defendant argues that based on the "totality of circumstances," Defendant's consent was not given voluntarily. ECF No. 25 at 6. Specifically, he argues that the officers coerced him into giving consent, rendering his consent involuntary, by threatening him with "federal prosecution and a mandatory minimum sentence." ECF No. 29 at 7. The applicable test for evaluating the voluntariness of a statement or confession is whether, given the totality of the circumstances, the will of the speaker was "overborne and his capacity for self-determination critically impaired." United States v. Gray ,
III. CONCLUSION
For the foregoing reasons, Defendant's Motion to Suppress All Alleged Government Interrogation Statements, ECF No. 23, is granted, and Defendant's Motion to Suppress All Alleged Evidence Obtained Through Consent Searches, ECF No. 24 (supplemented by ECF No. 25) is denied. A separate Order shall issue.
Pin cites to documents filed on the Court's electronic filing system (CM/ECF) refer to the page numbers generated by that system.
Defense counsel provided the Court with a transcript of the interview, which the Court will refer to in this Opinion for ease of reference.
Aldana agreed on cross-examination that the Office of Inspector General is considered law enforcement.
Reading Garrity rights to a government employee includes notifying the employee that (1) he has the right to remain silent, (2) anything he says or does could be used against him in court or in administrative proceedings, (3) he will not be disciplined solely for remaining silent and (4) the interview is voluntary and he can cease answering questions at any time. ECF No. 27-1 at 2. The genesis of these rights is found in the Supreme Court's holding in Garrity v. New Jersey ,
The Government acknowledges that the interview was two and a half hours including breaks. ECF No. 27 at 3.
The audio recording does not contain any indication of verbal consent from the Defendant but the recorded interactions are not inconsistent with testimony that the Defendant handed the phone over in response to a request. On cross-examination, Balaguer explained that he considered that to be consent.
There appears to have been another short break towards the end of the interview.
It is not clear if Defendant knew that a key-card or badge would not be needed to exit.
It is worth noting that it appears to be at this point that the door is closed as the sound of the door closing is audible on the recording and Scully then says "Well, we-we don't need everyone seeing-you know, seeing your business." The Court credits Balaguer's testimony that this was done for Defendant's privacy but the timing further demonstrates they are in control of the environment and the Defendant.
Balaguer testified that he accompanied Defendant outside only to be "friendly" and keep him company. The Court finds this, at best, to be disingenuous. A reasonable individual in Defendant's position would not have perceived Balaguer's insistence on accompanying him outside to be a friendly gesture; rather, he would interpret it as a sign that the interview was continuing and he was not free to leave. In fact, Balaguer continued to record Defendant when they went outside, and used the opportunity to obtain consent to search his personal vehicle.
Reference
- Full Case Name
- United States v. James Thomas WOODLAND
- Status
- Published