United States v. Molina-Gomez, No. 13-1494 (1st Cir. 2015)
Annotate this CaseUpon Defendant’s return from Puerto Rico from Colombia by airplane, heroin was discovered in hidden compartments of Defendant’s laptop computer and Sony Playstation game console. Defendant was indicted for possession with intent to distribute one kilogram or more of heroin. Defendant moved to suppress the heroin and any statements he made to United States Customs and Border Protection officers during further secondary questioning. The motion was denied. Defendant entered a conditional plea and then appealed the denial of his motion to suppress. The First Circuit held (1) the district court did not err in denying Defendant’s motion to suppress the heroin and statements made as to his travels to and from Colombia and his plans upon reentry; but (2) the statements Defendant made regarding his drug trafficking activity should have been suppressed because the officers’ failure to give Defendant his Miranda warnings constituted a Fifth Amendment violation. Remanded so that Defendant could opt to withdraw his plea and proceed to trial should he choose to do so.
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