United States v. Mora-Alcaraz, No. 19-10323 (9th Cir. 2021)
Annotate this Case
The United States sought an interlocutory appeal of the district court's order suppressing evidence in a criminal prosecution. Defendant was indicted for being an alien in possession of a firearm, and the evidence suppressed resulted from a confrontation between police officers and defendant while he was with his seven-year-old son at a shopping mall.
As a preliminary matter, the Ninth Circuit held that United States v. Healy, 376 U.S. 75 (1964), foreclosed defendant's contention that the appeal is untimely. The panel affirmed the district court's suppression of the statements because they were the product of a custodial interrogation conducted without the required Miranda warnings and thus inadmissible. However, the panel explained that a Miranda violation does not alone warrant suppression of the physical fruits of defendant's inculpatory statements. Furthermore, both parties agree that the appropriate inquiry is whether, looking at the totality of the circumstances, defendant's consent to the search of the trunk was voluntary. Therefore, the panel remanded for the district court to resolve the voluntariness issue in the first instance.
Court Description: Criminal Law. On an interlocutory appeal by the United States, the panel affirmed in part and reversed in part the district court’s order suppressing evidence resulting from a confrontation between police officers and the defendant while he was with his seven- year-old son at a shopping mall, and remanded. The panel rejected the defendant’s contention that the appeal, which was filed more than thirty days after the suppression order but within thirty days of the district court’s denial of the government’s motion for reconsideration, is untimely. The panel held that United States v. Healy, 376 U.S. 75 (1964), which forecloses the defendant’s argument, has not been supplanted by Fed. R. App. P. 4, and is not inconsistent with the Supreme Court’s more recent decision in Bowles v. Russell, 551 U.S. 205 (2007). The panel affirmed the district court’s suppression of incriminating statements the defendant made after the armed police officers met him in two marked vehicles, separated him from his son, and interrogated him without reading him Miranda warnings. The panel held that the totality of the circumstances, including the factors identified in United States v. Kim, 292 F.3d 969 (9th Cir. 2002), supports the district court’s conclusion that a reasonable person in the defendant’s position would not have felt free to end the questioning and leave the mall; and that the district court UNITED STATES V. MORA-ALCARAZ 3 therefore properly ordered the statements suppressed because they were the product of a custodial interrogation in which the defendant was not advised of his rights pursuant to Miranda. The panel held that the district court erred in ruling that because the Miranda violation resulted in the seizure of a firearm from the defendant’s truck, that violation also required the gun’s suppression as evidence. Because a Miranda violation does not alone warrant suppression of the physical fruits of the defendant’s inculpatory statements, and both parties agree that the appropriate inquiry is whether, looking at the totality of the circumstances, the defendant’s consent to the search of the trunk was voluntary, the panel remanded for the district court to resolve the voluntariness issue in the first instance.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.