Full opinion text
TABLE OF CONTENTS I.Introduction. II.Guevara’s Motion to Suppress. A. Facts. B. Which Circuit’s Law Applies. C. Validity of Stop and Subsequent Detention_ 1. Law. 2. Application of Law to Facts. a. Stop. b. Further Detention. D. Search. 1. Law. 2. Application of Law to Facts. E. Suppression as “Fruits of Poisonous Tree” 1. Law. 2. Application of Law to Facts. III.Caro’s and Restrepo’s Motions to Suppress. A. Facts. B. Caro’s Motion . 201 1. Law. 202 a. Standing to Challenge Validity of Consent. 202 b. Validity of Consent. 202 2. Application of Law to Facts. 204 C. Restrepo’s Motion. 204 1. Law. 204 2. Application of Law to Facts. 206 IV. Conclusion. 207 AMENDED MEMORANDUM AND ORDER WEINSTEIN, Senior District Judge. I. INTRODUCTION Alberto Caro, Jose Francisco Guevara and Christian John Restrepo seek to suppress statements and other evidence of a drug conspiracy. They are charged with conspiring to distribute and to possess with intent to distribute, and with possessing with intent to distribute, cocaine. 21 U.S.C. §§ 841(a)(1) & 841(b)(l)(A)(ii)(II). They move to suppress the following statements and other evidence: Guevara: evidence and statements obtained by law enforcement officials following a traffic stop, on grounds of a series of alleged Fourth Amendment violations; Caro: tapes of conversations between himself and Guevara on the ground that the statutorily required consents to the recordings were not obtained; and Restrepo: evidence obtained as a result of a “security sweep” of his house. Guevara’s motion is granted: law enforcement officials violated his constitutional rights, starting with an illegal stop and search of his car. Caro’s motion is denied: the requisite consent to his telephone conversation with Guevara was given by the latter. Restrepo’s motion is granted: the search of his home was illegal. II. GUEVARA’S MOTION TO SUPPRESS A. Facts An officer of the Memphis Police Department stopped Guevara, a swarthy Hispanic-appearing male driving a Cadillac with California license plates on an interstate highway in Tennessee. Guevara’s eleven-year-old son, Rodolfo, was in the front passenger seat and his wife and two younger children were in the rear. At a full evidentiary hearing in the Eastern District of New York, the officer testified that Guevara was speeding — driving 65 miles per hour in a 55 miles per hour zone. Guevara and Rodolfo both testified that Guevara was driving slowly because the family was seeking a place to stop for breakfast. Guevara also stated that he was driving at less than 55 miles per hour because he did not want to be intercepted while he was carrying drugs. Rodolfo testified that as they passed the police car he noticed that the car’s speedometer read 47-50 miles per hour and that his mother had just chided his father for driving too slowly. Because Guevara does not speak English, the officer used Rodolfo as an interpreter for communicating with Guevara during the stop. Rodolfo testified that the officer stated that the reason for the stop was that Guevara was driving too closely behind a tractor trailer. Guevara testified that the officer never told him, through Rodolfo, the reason for the stop. He did, however, acknowledge driving within five or six meters of a tractor trailer. He also believes that at some point during the stop, Rodolfo told him that the officer had mentioned tailgating. The “traffic courtesy warning” issued by the officer states that Guevara was “speeding 65 MPH in a 55 MPH zone.” The officer sought and received Guevara’s driver’s license which he used to fill out a “courtesy warning.” Guevara did not ask his son to translate the courtesy warning, believing that it was not important and that after signing it, he would be permitted to depart. As the officer filled out the courtesy warning, he questioned Guevara and Rodolfo about their trip. According to Guevara, the officer was “burning time while he filled out the courtesy ticket, he was continuing to ask me questions.” Guevara explained that the family was headed to Queens, New York for three days’ vacation. Rodolfo testified that the officer also asked Guevara if he is “Mexican.” The officer testified that during this conversation, he noticed that Guevara was growing “more and more nervous,” that “[h]is hands were quivering,” and that Mrs. Guevara “kept looking back like, you know, nervously every time I would talk to [Guevara,] ... a real nervous type reaction to me.” Under cross examination he explained that general conversation is used to elicit signs of possible criminal activity independent of a traffic violation. As or immediately after the officer issued the courtesy warning, a second officer arrived. According to the first officer, the second officer happened upon the scene. The second testified, however, that he had been radioed by the first, and Guevara testified that the first used the radio in his patrol car after taking Guevara’s license and registration. The second officer asked Guevara many of the same questions that the first had already asked, and received consistent answers. After Guevara signed the courtesy warning, the second officer asked if he could speak with Mrs. Guevara, and Guevara agreed. The second officer stayed with Guevara while the first went to open the driver’s side door. As he opened it, he “observed that the door was overly heavy for a regular door. Felt like it was heavy to me.” Then, according to the first officer, he realized that traffic was coming and that it would be better for Mrs. Guevara to exit from the other side; he shut the door and walked back to the squad car, while the second officer walked over to the passenger side door. Through the open window of the car, the second officer attempted to communicate with Mrs. Guevara in Spanish. In response to his questions, Mrs. Guevara explained that the family was headed to New York, that they were to be gone a week, and that the trip’s purpose was to visit relatives. Based on the observed nervousness of Mr. and Mrs. Guevara, the fact of the heavy door, and what they felt were discrepancies in the Guevaras’ replies to questions about the length and purpose of the trip, the officers decided to request permission to search the car. According to the first officer, it “[appeared like it was more than just a speeding violation at that time. We didn’t know what it was.” The second officer asked Guevara in Spanish if he had any guns or illegal drugs in the car and if he would consent to a search. According to the first, Guevara denied that there was anything illegal in the car but agreed to the search. The second officer asked Guevara to sign a written consent-to-search form. He testified that he first explained the form in English. When Guevara looked confused, this officer flipped the form over to the Spanish side whereupon Guevara “scann[ed] the form with his eyes it looked to me like line-by-line.” According to the first officer, Guevara “signed the English side first and then the Spanish side I believe.” Both officers testified that the blanks on both sides of the form had already been filled in when it was presented to Guevara. The first officer testified that the officers did not specify in their request a particular part of the car for the search, such as the trunk or glove compartment. The pre-typed portion of the consent form authorizes “a complete search” of the car. According to the officers’ account, after Mrs. Guevara and the remaining children exited the car, the search of the car commenced. While the second officer stayed with the family, the first opened the driver’s side door, “popped” the panel and some additional plastic covering, and observed “a bundle of possibly some type of narcotic.” Guevara’s and Rodolfo’s testimony contradicted that of the officers. Guevara denied that he was asked whether there was anything illegal in the car. He testified that the blanks on the consent-to-search form were not filled in when it was handed to him to sign and that the officers asked only to search the trunk. He testified that he could not read the English-language consent-to-search form, and that he did not ask his son to translate because he believed it merely authorized a search of the trunk, after which he would be permitted to leave. Guevara’s signature appears on both sides of the form. Guevara testified that he signed where the officer pointed, without ever holding the form in his hands. He recognized his signature on the Spanish-language side of the form but did not recall signing that side, noting that the process happened “very fast.” He claimed that he did not feel free to leave, but he hoped he would be allowed to if he consented to the search of the trunk. Rodolfo also testified that the officers stated only that they were going to search the trunk. He denied that the officers asked for or received permission to search the inside of the car. He testified that in response to the officers’ request, Guevara agreed to open the trunk, and did so, whereupon it was searched by both officers. One of the officers then went on to search the glove compartment, and then pulled apart the plastic paneling on the driver’s door. After discovering a bundle in the door panel, the officer pointed his gun at Guevara and told him to drop to his knees and put his hands behind his back. Guevara complied and was handcuffed. The children and Mrs. Guevara were directed to the back of a squad car. One of the officers retrieved the package. It tested positive for cocaine. The first officer then informed Guevara that he was under arrest for possession of cocaine. According to the officers’ testimony, both of them recited Miranda rights to Guevara — the first in English from memory, and the second in English and then Spanish from a card when Guevara appeared confused. The second officer testified that Guevara shook his head in the affirmative when asked whether he would answer questions. Neither officer made a record that the Miranda warnings were given. Guevara denied receiving Miranda warnings at his arrest. The second officer then asked Guevara how much cocaine was in the car. Guevara responded “sixty” in English. Ultimately 60 1-kilogram bricks of cocaine were found secreted within the side panels of the car. Two additional officers, one a Lieutenant, joined the scene. Upon learning at this time that Mrs. Guevara was a Colombian, Rodolfo testified that the second officer responded, “No wonder.” The family and their car were taken to the Memphis Police Department. Guevara was led to a holding cell at the Organized Crime Unit (OCU) office and left alone. Mrs. Guevara and the children were held in the office while the officers decided whether or not to charge her. Ultimately, they were released. A volunteer Spanish interpreter, Emily Quintana, who is not on the staff of the Memphis Police Department, was called, together with Officer Stephen Friedlander, who had taken some Spanish in high school and college. Friedlander testified that he is not fluent in Spanish. Detective Richard Borgers, a member of the Memphis Police Department assigned to the DEA task force, testified that he selected Officer Friedlander over Ms. Quintano as the interpreter. Without first informing Guevara of his Miranda rights, Borgers explained to Guevara that he was facing federal charges, that sentencing guidelines would apply if he were to be found guilty at trial, that the judge would have to adhere to the guidelines unless the prosecutor submitted a cooperation letter, and that cooperation had to be “total, complete.” Borgers testified that Guevara then indicated that he wanted to cooperate. According to Borgers, Friedlander then read to Guevara in Spanish his Miranda rights from a card supplied by Borgers. Guevara responded that he wanted an attorney and that he wished to cooperate. Bor-gers told Guevara that he would have to speak to an attorney before going any further. Borgers offered to assist Guevara in obtaining retained counsel but Guevara said he could not afford one. Borgers then attempted to call an Assistant United States Attorney. When that failed, he spoke with a Shelby County Assistant Attorney General to try to arrange for a court-appointed attorney from the public defender’s office. When that also failed, Borgers told Officer Leo Hampton to fill out the arrest ticket and take Guevara to the Shelby County jail, where he was kept over the weekend. Hampton was assigned to complete Guevara’s paperwork in preparation for bringing him to the Shelby County jail. Before an attorney was supplied, Hampton asked Guevara who had put the cocaine in the car and when he was expecting to arrive in New York, and Guevara responded with various incriminating answers. Hampton provided Guevara with one of his business cards, with a beeper number on it, and “advised him that if he wanted to contact any of us or talk to me that he can ... [page] me ... and we’d come over to him.” At the time the statements were elicited, Hampton was aware that Guevara had requested an attorney. Guevara was then taken to the Shelby County jail. At approximately 8 or 9 p.m. that night, Hampton received a beep on his pager. When he learned that the page number was for the Shelby County jail and that a “Hispanic” wanted to speak to him, he telephoned Borgers. Borgers directed Hampton not to contact Guevara or talk to him, and Hampton complied. Guevara testified that he did attempt to reach Hampton several times, and was given access to a phone, but did not succeed. Guevara’s recollection of these events differs in some respects. For example, in his testimony he referred to two interrogations, with a female interpreting, in addition to his questioning by Hampton. The differences are not material to the suppression motion since the government does not intend to use Guevara’s statements made at the OCU. Guevara and his son both testified that while they were held at the OCU office on the day of the arrest, Guevara was threatened that if he did not cooperate, his wife would be prosecuted and his children would be taken away. According to Guevara, he said he would cooperate if the agents would guarantee that nothing would happen to his family. Guevara testified that, in light of the threats, he felt coerced into cooperating and felt that he had no choice. The government’s witnesses denied having made such threats. Borgers arrived early at his office on Monday to contact Assistant United States Attorney Tim Deseenza to arrange for a court-appointed attorney. Deseenza told Borgers that attorney April Ferguson would represent Guevara. Ferguson was at that time an Assistant Public Defender who represented federal defendants. Hampton and the second officer picked up Guevara at the jail on Monday. While at the jail, Hampton encountered David Hayes, of the Immigration and Naturalization Service, who knows some Spanish. Hayes and Hampton discussed the possibility of Hayes’ acting as an interpreter later that day if necessary. Hayes conceded that one of the reasons he agreed to translate was to investigate Guevara’s immigration status. Guevara was taken to the United States Attorney’s office, ostensibly because there was a public defender available for him to talk with there. Hayes rode with Guevara from the jail to the office. Guevara testified that Hayes told him that if he did not cooperate, his residency card would be taken. The Memphis United States Attorney’s office is in the same building as the federal courthouse. Attorney Ferguson testified that the normal practice would be to bring the defendant before a magistrate judge for appointment of counsel and that on a Monday morning there would be no shortage of magistrates or Spanish interpreters at the courthouse. Ferguson is familiar with this practice because she worked as a federal defender in Memphis from 1987 until November of 1994, when she became a private practitioner. Borgers explained to Ferguson that Hayes, an agent of the government, would interpret during her meeting with Guevara. According to Borgers, both Guevara and Ferguson were comfortable with, and agreed to, that arrangement. Ferguson spoke with Guevara for a period of time estimated by the various agents to be between five minutes and half an hour. Borgers asserts that the door to the conference room was closed during the meeting. In her testimony, attorney Ferguson disputed much of Borgers’ account of this meeting. She said she agreed to talk to Guevara as a “favor” to Descenza, a friend of hers. She was under the impression, from her conversation with Descenza, that Guevara was making up his mind on whether or not to cooperate. She was unaware that Guevara had requested counsel; had she known, she would have said that he should be taken before a magistrate judge to have counsel appointed. Ferguson was emphatic that she never considered herself Guevara’s counsel. She testified that the door to the conference room was open for much, if not all of the meeting, which she estimated lasted 5-10 minutes at most, and that agents entered and exited the room during that period. She testified further that she lacked confidence in Hayes’ Spanish-speaking ability, and noted some mistranslation based on her own minimal familiarity -with Spanish. Ferguson testified that she told Guevara that he had a right to an attorney and discussed his possible exposure under federal sentencing guidelines. Under cross examination, Ferguson added that she also told Guevara that he could appear in front of a judge. According to Ferguson, Guevara was largely noncom-municative and unresponsive. Guevara testified that the officers told him, and that he understood, that Ferguson was his lawyer. He said that he understood most of the translation, and that he asked for clarification as needed. Guevara agreed with Ferguson that there was no privacy during the meeting. Guevara testified that he told Ferguson that he was “terrified about the situation my family might be in because I didn’t see them.” According to Borgers, Ferguson then “called us back into the room, [and] indicated that [Guevara] did want to cooperate.” In her discussion about the guidelines with Guevara, Ferguson was mistaken about the amount of drugs involved, thinking it only to be 6 or 10 kilograms. Borgers corrected her as to the amount and Guevara indicated that he still wanted to cooperate and participate in a controlled delivery. Borgers testified that Hayes then translated a waiver form for Guevara, and Guevara waived his initial appearance before a magistrate judge. He also testified that Ferguson stayed with Guevara until the form was signed, and then excused herself. Guevara’s and Ferguson’s testimony conflicted in some respects with that of the law enforcement officials. Guevara denies that the waiver was translated for him, although he testified that Hayes was in the room when it was presented to him and discussed. He testified that he signed the waiver without knowing what it was; to him it was a “contract” or “agreement” that he was told he “had to sign.” Guevara testified that Ferguson was not present when the waiver was signed. Ferguson denies being present for the signing of the waiver; she states she refused to witness the waiver because she did not know if Guevara really understood what he was being asked to do and, additionally, because she was not his lawyer. She testified that she left after declining to witness the waiver, feeling used by the government and useless to Guevara. She had no further contact with Guevara. The remaining persons then discussed the logistics of the controlled delivery, with Hayes interpreting. They also questioned Guevara about the origin of the cocaine and other aspects about the trip. Guevara mentioned that he was planning to take the drugs to someone named Beto in New York and that he was to page Beto from a hotel in Queens. Beto was supposed to come to the hotel to pick up Guevara’s car and remove the drugs. During the conversation, Guevara agreed to a proposed taping of a phone conversation with Beto to be placed from Memphis. The call is described in Part III.A, infra. At some point, Guevara indicated that he did not want to have to testify as part of his cooperation. When the agents told him that he would have to or else forego any cooperation agreement, he agreed to continue cooperating. When Hayes finished interpreting, he returned to his office and requested Guevara’s immigration file. Guevara and the Cadillac were airlifted to New York. In New York, Guevara was debriefed about his past involvement with the members of the conspiracy and the plans for the current cocaine delivery, this time by DEA Agent Edwin Bourdon. During the briefing, according to Bourdon, Guevara reiterated his concern for his family’s safety. This phase of the investigation is described fully in Part III.A, infra. After the evidentiary hearing in this court in Brooklyn, members of the Memphis Police Department who had testified returned home. They were assured of substantial forfeited assets resulting from their work that would accrue to a Memphis police force fund. See Part III.A, infra (describing amounts of cash seized at Restrepo’s home). The court finds the defendant, Guevara, his son, Rodolfo, and the attorney, April Ferguson, credible. It finds that the first and second officer at the scene of the stop lied. Where there are material inconsistencies between the three defense witnesses’ testimony and that of the government’s witnesses, the court credits the defense version. The court also finds that Guevara truthfully described his language ability; the government’s argument that he understands English is unsupported. These assessments of credibility are based upon the court’s observations of the witnesses and all other factors normally utilized in assessing credibility. See, e.g., 1 Leonard B. Sand, John S. Siffert, Walter P. Loughlin & Steven A. Reiss, Modem Federal Jury Instructions: Criminal ¶ 7.01 (1994) (“Witness Credibility”). B. Which Circuit’s Law Applies A threshold question is what law a district court should apply when a defendant seeks suppression of evidence that derives from alleged federal constitutional violations that occurred in a different circuit. All of the alleged violations of Guevara’s rights that form the basis for his suppression motion occurred in the Sixth Circuit, in Tennessee. While there is little case law discussing the problem of inter-circuit conflicts of law, one ease from a district court in this circuit does address the issue. In United States v. Gerena, 667 F.Supp. 911, 913 (D.Conn.1987) (Claire, J.), the judge concluded that with respect to challenges to the validity of electronic surveillance, “the governing law should be that of the place where the electronic surveillance occurred.” He also concluded that a “lex loci” approach should be applied to the non-surveillance-based suppression motions before him: Evidence illegally obtained within the First Circuit, and inadmissible there, must also be inadmissible here regardless of whether this circuit has a less restrictive exclusionary rule. Any contrary position would seriously jeopardize the integrity of the federal courts, and would in fact amount to a subterfuge in violation of undeniable statutory and constitutional values. Conversely, tainted evidence obtained within the First Circuit but nonetheless admissible there should also be admissible here regardless of whether this circuit has a more stringent exclusionary device.... [Tjhere is no logical basis for the conclusion that the forum should reward or punish the Government with either a more lenient or a more severe penalty than that proclaimed by the courts of the jurisdiction where the conduct occurred. Id. at 926-27 (footnotes omitted). This approach is sensible. The Memphis officers should have been able to rely on their understanding of the law in the Sixth Circuit and could not have been expected to know the law in circuits other than the one in which they were operating. Consequently, suppression of evidence inadmissible in this circuit but admissible in the Sixth Circuit would not deter misconduct of officers based in Memphis; rather, it would penalize officers’ good faith efforts to comply with the law. Correlatively, suppressing evidence in this Circuit based on its illegality in the Sixth Circuit, irrespective of its admissibility in this circuit, makes sense since it ensures that the proper level of deterrence is maintained in the locale where the violation occurred. Where the parties do not raise the conflicts issue, it is appropriate to apply the law of the circuit in which the motion to suppress is made. Both the district and appellate court will be more familiar with that law. While the matter has not been briefed, it appears that the Sixth and Second Circuit approaches to the critical issues raised by Guevara’s treatment are quite similar. Moreover, Supreme Court precedents directly control a number of the issues. In light of the failure to raise the conflicts issue, the applicable law is analyzed according to Second Circuit case law that would apply in this district, with agreement by the Sixth Circuit either noted or assumed. C. Validity of Stop and Subsequent Detention 1. Law Three levels of encounters between police and individuals are recognized: consensual encounters which may be initiated without any objective level of suspicion; limited investigative stops which must be supported by a “reasonable articulable suspicion” of criminal activity; and arrests which must be supported by probable cause. See United States v. Glover, 957 F.2d 1004, 1008 (2d Cir.1992); United States v. Hooper, 935 F.2d 484, 490 (2d Cir.), cert. denied, 502 U.S. 1015, 112 S.Ct. 663, 116 L.Ed.2d 754 (1991); see also United States v. Dotson, 49 F.3d 227, 230 (6th Cir.1995). Only the last two types are “seizures” within the Fourth Amendment. Glover, 957 F.2d at 1008; Hooper, 935 F.2d at 490. An extended incident with the police may involve more than one of these types of encounters. A traffic stop “ ‘constitutes a limited seizure within the meaning of the Fourth and Fourteenth Amendments.’ ” United States v. Scopo, 19 F.3d 777, 781 (2d Cir.) (quoting United States v. Hassan El, 5 F.3d 726, 729 (4th Cir.1993)), cert. denied, — U.S. -, 115 S.Ct. 207, 130 L.Ed.2d 136 (1994); see also Delaware v. Prouse, 440 U.S. 648, 99 S.Ct. 1391, 59 L.Ed.2d 660 (1979) (“[Shopping an automobile and detaining its occupants constitutes a ‘seizure’ ... even though the purpose of the stop is limited and the resulting detention quite brief.”). A traffic stop must be supported either by “ ‘probable cause or a reasonable suspicion, based on specific and articulable facts, of unlawful conduct.’ ” Scopo, 19 F.3d at 781 (quoting Hassan El and citing Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968)). “Probable cause arises when the police reasonably believe that ‘an offense has been or is being committed.’ ” Id. (quoting United States v. Cruz, 834 F.2d 47, 50 (2d Cir.1987), cert. denied, 484 U.S. 1077, 108 S.Ct. 1056, 98 L.Ed.2d 1018 (1988)). Observation of a traffic violation constitutes probable cause for a stop. Id. at 782. A traffic stop which had a valid basis but which in fact was motivated by an officer’s desire to investigate an unrelated crime for which no reasonable suspicion exists will be upheld in the Second and Sixth Circuits. See, e.g., United States v. Thompson, 29 F.3d 62, 65 (2d Cir.1994); Scopo, 19 F.3d at 782 (rejecting “usual police practices” test, which considers whether the violation is of the type normally acted on by officers, in favor of “authorization” test, which considers whether there was a valid basis for the arrest); United States v. Ferguson, 8 F.3d 385, 392 (6th Cir.1993) (“[T]raffic stops based on probable cause, even if other motivations existed, are not illegal.”), cert. denied, — U.S. -, 115 S.Ct. 97, 130 L.Ed.2d 47 (1994); see also United States v. Nersesian, 824 F.2d 1294, 1316 (2d Cir.) (“[A] valid basis for detention and search which exists in the first place ... is not rendered invalid by the fact that police resort to a pretext_”), cert. denied, 484 U.S. 957, 108 S.Ct. 355, 98 L.Ed.2d 380 (1987), 484 U.S. 958, 108 S.Ct. 357, 98 L.Ed.2d 382 (1987) & 484 U.S. 1061, 108 S.Ct. 1018, 98 L.Ed.2d 983 (1988). Only pretextual stops that lack any proper basis are considered illegal under the two circuits’ approach. A traffic stop based on an observed violation may be extended into a more intrusive investigatory detention if the officer detains the driver beyond what is necessary to achieve a resolution of the traffic-related reasons for the initial stop. An investigatory detention must satisfy two grounds. First, it must be “justified at its inception ... and ... [second, it must be] reasonably related in scope to the circumstances which justified the intervention in the first place.” Terry v. Ohio, 392 U.S. 1, 20, 88 S.Ct. 1868, 1879, 20 L.Ed.2d 889 (1968); see also United States v. Sharpe, 470 U.S. 675, 682, 105 S.Ct. 1568, 1573, 84 L.Ed.2d 605 (1985). For an investigatory detention to be justified at its inception, the officer must be able to “point to specific and articulable facts which, taken together with rational inferences from those facts, reasonably warrants that intrusion.” Terry, 392 U.S. at 21, 88 S.Ct. at 1880; see also Glover, 957 F.2d at 1008 (limited investigative stop must be based on “ ‘a reasonable suspicion supported by articulable facts’ ”). Detention, absent an articulable and reasonable suspicion of criminal conduct, including a traffic offense, violates the Fourth Amendment. The second factor is whether the scope and duration of the detention is appropriate given its basis. See Glover, 957 F.2d at 1011. The detention must be “temporary and last no longer than is necessary to effectuate the purpose of the stop.” Florida v. Royer, 460 U.S. 491, 500, 103 S.Ct. 1319, 1325, 75 L.Ed.2d 229 (1983); see also Sharpe, 470 U.S. at 685, 105 S.Ct. at 1575. Whether the police “acted less than diligently, or.... unnecessarily prolonged [a suspect’s] detention” are factors to be considered. See Sharpe, 470 U.S. at 685, 105 S.Ct. at 1575 (emphasis in original). Courts of appeals in other circuits have considered what constitutes the appropriate scope of the stop of a vehicle for an actual or suspected traffic violation. In United States v. Guzman, 864 F.2d 1512, 1519 (10th Cir.1988) (citations omitted), the court explained that once a routine traffic stop is completed, the vehicle and its occupants cannot be detained further for questioning or other purposes: An officer conducting a routine traffic stop may request a driver’s license and vehicle registration, run a computer check, and issue a citation. When the driver has produced a valid license and proof that he is entitled to operate the car, he must be allowed to proceed on his way, without being subject to further delay by police for additional questioning. The facts in Guzman were similar to those of the instant case. The defendant and his wife, apparently of Hispanic ethnicity, were stopped on an interstate highway in New Mexico while driving a Cadillac bearing out-of-state plates, purportedly for a suspected violation of the state’s seatbelt law. Even after the officer had obtained all of the information relevant to the supposed violation, he continued to question the defendant and obtained defendant’s signature on a consent-to-search form. A search of the car revealed drugs and hidden cash. The court of appeals found that the stop was unconstitutionally pretextual. Id. at 1515-18. The court of appeals also accepted the district court’s conclusion that “even if the initial stop was not illegal, the subsequent detention was excessively intrusive,” given the absence of objective factors justifying a further intrusion. Id. at 1519; see also United States v. Ramos, 20 F.3d 348, 352 (8th Cir.) (“idle chit chat” during issuance of warning for seatbelt violation was intrusion “wholly unrelated to purpose of the initial stop” and not justified under Terry), rev’d in part on reh. on other grounds, 42 F.3d 1160, 1163 (8th Cir.1994); United States v. Cupps, 503 F.2d 277 (6th Cir.1974) (police lacked authority to order defendant out of ear after he presented a valid driver’s license); United States v. Garnier, No.93-5925, 1994 WL 362085 (6th Cir. July 12, 1994) (unpublished) (once officer resolved that driver was not intoxicated or carrying dangerous weapons, request to search trunk was unjustified further intrusion); cf. People v. Banks, 85 N.Y.2d 558, 626 N.Y.S.2d 986, 650 N.E.2d 833 (1995) (detention of defendant beyond time needed to resolve initial basis for stop in order to effectuate a search of the car with another officer’s assistance was grounds for suppression). Detention beyond the time required to resolve the initial observed or suspected violation is only permitted where observations amounting to an articulable and reasonable suspicion justify a further intrusion. For example, “[i]f reasonably related questions raised inconsistent answers, or if the licenses and registration do not check out, a trooper’s suspicions may be raised so as to enable him to expand the scope of the stop and ask additional, more intrusive, questions.” Ramos, 42 F.3d at 1163; see also United States v. Barahona, 990 F.2d 412, 416 (8th Cir.1993) (“[I]f the responses of the detainee and the circumstances give rise to suspicions unrelated to the traffic offense, an officer may broaden his inquiry and satisfy those suspicions.”); United States v. Soto, 988 F.2d 1548, 1554 (10th Cir.1993) (“If the officer wishes to detain the driver for further questioning unrelated to the initial stop, the officer must have an objectively reasonable articulable suspicion that illegal activity has occurred or is occurring.” (citing United States v. Pena, 920 F.2d 1509, 1514 (10th Cir.1990), cert. denied, 501 U.S. 1207, 111 S.Ct. 2802, 115 L.Ed.2d 975 (1991))). 2. Application of Law to Facts a. Stop The stop violated the Fourth Amendment. It lacked a proper basis. Guevara was not speeding or violating any other traffic ordinance. During the suppression hearing, the court stated its tentative conclusion, based solely on Rodolfo’s and the first officer’s testimony, that there appeared to be a basis for the stop, either speeding or following too closely. With the benefit of Guevara’s testimony and the full briefing supplied by the parties, on reflection, the court finds that no traffic violation occurred. Guevara was stopped and questioned solely because he was driving a car with out-of-state license plates and appeared to be Hispanic. This practice is apparently not uncommon. See, e.g., Whitfield v. Bd. of Cty. Comm’rs, 837 F.Supp. 338, 340-44 (D.Colo.1993) (highway drug interception program in which vehicles were stopped on the basis of their out-of-state licenses and the race of the occupants, among other factors); Illegal Searches Used in Illinois, Suit Alleges, N.Y. Times, Sept. 4, 1994, at A24 (ACLU brings suit challenging Illinois state troopers’ alleged practice of stopping black and Hispanic drivers for drug searches); cf. Jones v. United States Drug Enforcement Admin., 819 F.Supp. 698, 711-14 (M.D.Tenn.1993) (minorities targeted in drug interdiction program at Nashville airport). The court is troubled by, although its holding does not rely on, the existence of powerful incentives under the civil forfeiture statute, see 21 U.S.C. § 881(a)(6), for police to create nonexistent violations, or to trump up minor violations, to support searches that may lead to forfeitures of assets for then-departments. See, e.g., David Heilbroner, The Law Goes on a Treasure Hunt, N.Y. Times Mag., Dec. 11, 1994, at 70 (description of how one locality benefitted from approximately five million dollars confiscated through highway stops that were transformed into drug searches). Under the civil forfeiture statute, police departments can seize and retain any property that could “facilitate” a narcotics crime. 21 U.S.C. § 881(a)(6); see, e.g., Jones, 819 F.Supp. at 724 (discussing the potential for abuse and corruption in one forfeiture scheme, and characterizing such schemes as “an unsavory and embarrassing scar on the administration of justice”); cf. Tumey v. Ohio, 273 U.S. 510, 523, 47 S.Ct. 437, 441, 71 L.Ed. 749 (1927) (finding due process violation where mayor, acting as judicial officer, had “direct pecuniary interest in convicting” defendants under statute that allocated portion of fines to repayment of mayor’s fees and costs, above his regular salary). Testimony at the suppression hearing established that the officers involved in this particular seizure were aware of the forfeiture provisions and how the Memphis Police Department might benefit when they stopped Guevara’s automobile. b. Further Detention Because the first officer lacked probable cause to stop the car in the absence of a bona fide traffic violation, no analysis of the scope or duration of the stop is required. Since it is possible that the court of appeals will reject this court’s determination concerning the respective credibility of the witnesses despite this court’s opportunity to observe them, further analysis is required. Compare United States v. Mantilla, 928 F.2d 583, 586 (2d Cir.1991) (“The district court’s credibility findings ... are binding upon us.... ”) unth Whaley v. Rodriguez, 840 F.2d 1046, 1050 (2d Cir.) (“[W]e are not bound to accept the district court’s findings of basic historical fact, if they are clearly erroneous.”), cert. denied, 488 U.S. 944, 109 S.Ct. 371, 102 L.Ed.2d 360 (1988). What follows is a discussion of whether further detention of the Guevaras was justified, assuming arguendo that the stop was, in fact, for a traffic violation. One can imagine a situation in which an officer issuing a warning or ticket in connection with a routine traffic stop observes something that creates a reasonable suspicion of additional wrongdoing. In that hypothetical situation, an officer would be justified in detaining a suspect as necessary to dispel or resolve his or her concerns. That was not the case here. Under an objective evaluation of the facts known to and observations made by the first officer at the time of the stop and as it progressed, except for the invidious ones of ethnicity and out-of-state vehicle registration, it is apparent that he lacked a reasonable articulable suspicion of wrongdoing necessary to continue holding the Guevaras beyond the issuance of the warning. The first officer was determined to elicit something incriminating from the Guevaras from the moment that he saw their car. He radioed for the second officer almost the moment that the stop was made. Faced with a person who spoke little or no English, the first officer sought to exploit the inherent coerciveness of the stop; he admitted that the general purpose of the kind of questioning he engaged in is to elicit information about wrongdoing unconnected with traffic stops. The stopping officer stalled in issuing the warning to assure that the Guevaras would still be present when a back-up officer arrived. His hope was to elicit incriminating statements which would justify a further detention and a search. Unnecessarily prolonging a traffic stop for the purpose of eliciting information about a suspected unconnected violation for which there is no objective basis is not acceptable. The first officer’s observations of the nervousness of the Guevaras and the supposed inconsistencies in their stories could not support an investigative detention — certainly beyond the point at which the second officer pulled up — for three reasons. First, it is apparent that the first officer’s questioning of Guevara exceeded the scope of what is justifiable for a routine traffic stop. He did not limit his questions to requests for Guevara’s driver’s license and registration, or even to the ñatee and purpose of his trip. The questioning extended to issues unrelated to the alleged traffic offense of speeding. For example, he apparently inquired into Guevara’s country of origin, just as the second officer later noted that of Mrs. Guevara. Second, the first officer’s testimony about the Guevaras’ nervousness and the perceived inconsistencies in their stories is not credited. Courts must guard against the kind of ex post justifications for actions such as were created here. Third, the first officer’s perceptions of Guevara’s nervousness and Mrs. Guevara’s neck craning, even if true, were insufficient to create a “reasonable articulable suspicion” that criminal activity was afoot. While courts should not lightly second guess the on-the-spot observations of police officers trained to detect wrongdoing, scrutiny of the factors supporting the reasonableness of the officer’s suspicions — in this case the perceived nervousness and the neck craning — is required by constitutional jurisprudence. Nervousness of out-of-state non-English speaking parents with small children in a car at a traffic stop on a main highway is something that can be commonly expected even where there is nothing to hide. The “discrepancies” in the answers supplied by Mr. and Mrs. Guevara could not be relied upon to justify the duration and scope of the detention. The questioning of Mrs. Guevara occurred far into the detention— when its proper scope had already been exceeded — so any “discrepancies” could not be used as a justification for extending the stop. In any event, the Guevaras’ statements on the destination and purpose of the trip were similar. The difference between “three days” and a “week” is easily explained by different approaches to inclusion of travel time. The second officer’s testimony, while ostensibly corroborating the first, is not helpful to the prosecution. Based on the court’s observations, his testimony also lacked credibility. In addition, the second officer pulled up after the detention had already exceeded its appropriate scope. The Sixth Circuit court of appeals had it exactly right when it declared: To condone the actions of the police in this case would unnecessarily extend the permissible boundaries of investigative detentions. More ominously, such a decision would relay the message that any routine traffic stop can, even without probable cause of a further violation, be followed by an inherently coercive request to conduct a search of the detained vehicle. United States v. Garnier, 1994 WL 362085, at *2 (6th Cir. July 12, 1994). D. Search 1. Law When the government relies on consent to justify the lawfulness of a search, it bears the burden of demonstrating that the consent was given voluntarily. See Schneckloth v. Bustamonte, 412 U.S. 218, 222, 93 S.Ct. 2041, 2045, 36 L.Ed.2d 854 (1973) (citing Bumper v. North Carolina, 391 U.S. 543, 548, 88 S.Ct. 1788, 1791, 20 L.Ed.2d 797 (1968) and other cases); United States v. Arango-Correa, 851 F.2d 54, 57 (2d Cir.1988). The voluntariness of consent is a question of fact that is determined from the totality of the circumstances. Schneckloth, 412 U.S. at 227, 232-33, 93 S.Ct. at 2050-51. Consent that is coerced, either by explicit or implicit means, does not pass constitutional muster. Id. at 228, 93 S.Ct. at 2048. In deciding whether consent was voluntarily given, courts must balance two competing concerns — the legitimate needs of law enforcement, and the “equally important requirement of assuring the absence of coercion.” Id. at 227, 93 S.Ct. at 2048. An “illegal investigative stop invalidates consent unless the government bears its burden of showing that the taint of the illegal stop had dissipated before the consent was given.” United States v. Mire, 851 F.Supp. 96, 105 (W.D.N.Y.1994) (citing United States v. Montilla, 928 F.2d 583, 590 n. 3 (2d Cir.1991)), rev’d on other grounds, 51 F.3d 349 (2d Cir.1995); see also United States v. Ceballos, 812 F.2d 42, 49-50 (2d Cir.1987); United States v. Richardson, 949 F.2d 851, 858 (6th Cir.1991) (“If consent is given after an illegal seizure, that prior illegality taints the consent to search.”). Four factors are considered in determining whether the effect of a tainted stop has sufficiently dissipated: “[1] whether a Miranda warning was given, [2] the temporal proximity of the stop and the consents, [3] the presence of intervening circumstances, and [4] the purpose and flagraney of the illegal stop.” United States v. Montilla, 928 F.2d 583, 590 n. 3 (2d Cir.1991); see also Ceballos, 812 F.2d at 50 (describing four factors); Richardson, 949 F.2d at 858-59 (applying factors to find that “consent was not sufficiently attenuated from illegal seizure”); United States v. Garnier, 1994 WL 362085, at *2 (6th Cir. July 12, 1994) (applying four factors to invalidate search based on consent in the context of a traffic stop). These four factors are derived from Brown v. Illinois, 422 U.S. 590, 604, 95 S.Ct. 2254, 2262, 45 L.Ed.2d 416 (1975). They are applied in this and other circuits to determine whether evidence obtained as a result of a constitutional violation should be suppressed as an illegal fruit. See Part II.E.l, infra. Where consent is voluntarily given, the scope of the search must not exceed that of the consent. “The standard for measuring the scope of a suspect’s consent under the Fourth Amendment is that of ‘objective’ reasonableness — what would the typical reasonable person have understood by the exchange between the officer and suspect?” Florida v. Jimeno, 500 U.S. 248, 251, 111 S.Ct. 1801, 1803-04, 114 L.Ed.2d 297 (1991). “The scope of the search is generally defined by its expressed object.” Id. In other words, if the officer states that he is searching for drugs, then the search is reasonably understood to include containers in the car that might contain drugs. See id. WLere the suspect is not informed of the purpose of the search, the test is “[w]hat meaning ... a reasonable person [would] attach to the word ‘search.’” United States v. Snow, 44 F.3d 133, 135 (2d Cir.1995). A general or specific consent is not implied to include permission to do physical damage as in breaking something open. See, e.g., Jimeno, 500 U.S. at 251-52, 111 S.Ct. at 1804 (consent to search trunk for drugs is reasonably understood to permit opening of paper bag, but probably not “breaking open of locked briefcase within the trunk”); United States v. Patacchia, 602 F.2d 218, 219 (9th Cir.) (consent to search did not authorize officers to pry open car trunk), amended, 610 F.2d 648 (9th Cir.1979); United States v. Washington, 739 F.Supp. 546, 550 (D.Or.1990) (consent given to search trunk did not authorize removal of car seats to conduct search when proper key could not be located); State v. Arroyo-Sotelo, 131 Or.App. 290, 884 P.2d 901, 905 (1994) (broad consent given by defendant to search for narcotics and cash did not authorize officers to remove screws and pry panel from sidewall of car). In Arroyo-Sotelo, the Oregon court of appeals asserted that “a general consent to search a car does not authorize an officer to search areas of a ear that are not designed to be routinely opened or accessed.” 884 P.2d at 905. The Second Circuit court of appeals held, in United States v. Snow, 44 F.3d 133 (2d Cir.1995), that a general consent to search a car was reasonably understood to apply to an unlocked duffel and paper bags and other closed containers. It “expressed no view on whether [the defendant’s] consent would have extended to items like locked briefcases.” Id. at 135. A search predicated on consent “may be expanded beyond the scope of the consent when it yields a basis for a reasonable articulable suspicion that additional contraband may be found in parts of the car not included in the consent.” United States v. Casares-Cardenas, 14 F.3d 1283, 1286 (8th Cir.) (drugs found in part of ear where search consented to (trunk) justified expanding the search to other parts of car), cert. denied, — U.S. -, 115 S.Ct. 147, 130 L.Ed.2d 86 (1994). For example, in United States v. Mire, 51 F.3d 349, 352 (2d Cir.1995), the court held that the suspect’s general consent to a search of his bag was “broad enough to include the finding of drugs in the oversized sole of [one of] the sneakers.” The officers cut open the sneaker after noticing that its sole was one inch thicker than that of its mate. Mire is thus consistent with the case law that officers may broaden a search predicated on consent — and apply intrusive search procedures beyond what a consenter might otherwise have objectively and reasonably expected — where they develop an objective basis for believing that contraband exists outside of the area covered by the consent. 2. Application of Law to Facts Applying the four-factor test that governs taint dissipation, it is apparent that the taint of the illegal stop had not dissipated. First, no Miranda or other warnings were given before the consent to search was requested. Second, there was no time lapse. Guevara’s “consent” to the search occurred during, and as a direct consequence of, an illegal detention. Third, there were no intervening circumstances. The traffic stop was designed to manipulate this motorist into granting consent to search. Fourth, the purpose was illegal and the stop and delay of these interstate travellers was flagrant. Defendant had the full attention of two law enforcement officials, who had detained him beyond what would reasonably be expected for a trumped-up traffic violation. His family was, in some sense, being held hostage to the officers’ ethnically-based hunches that illegality was afoot. The length of detention was excessive. No reasonable person would have understood that he was free to leave. That the officers’ manipulation of the tension inherent in the situation was successful cuts against, not for, the stop’s lawfulness. The written consent form is inconsequential under the circumstances. Guevara signed it without comprehending what it said about the scope of the search or his right to refuse. His testimony that he felt he had no choice but to sign if he was to be permitted to leave is credible and supported by the evidence. Were Guevara’s consent to be considered valid, and the scope of the stop upheld, the court would have to conclude that the scope of the search was proper. At the time the officers began their search of the car, they were aware of the heaviness of the driver’s side door. (They became aware of that heaviness illegally. The stop had already exceeded its appropriate duration, and there was no reason to open the door in order to question Mrs. Guevara.) Under Mire, if they had properly stopped and held the defendant, and if they had properly opened the door to question Mrs. Guevara, they would have been entitled to rely on the observation of the door by “feel” rather than by “sight.” The observation would then have been a basis for expanding the search beyond the trunk, and beyond the scope of a general consent to search the car. It would, under Mire, then have been appropriate to remove the side panel to investigate the door’s interi- or. The conclusions about the illegality of this stop, the illegal length and nature of the detention, and the lack of freely given consent to the search are dispositive. The police were not justified in opening the car door to converse with a passenger, Mrs. Guevara; therefore, they were not entitled to rely on the door’s heaviness to expand their search beyond the consent to search the trunk, or beyond a general consent, to search behind the door panel. Cf. United States v. Cupps, 503 F.2d 277 (6th Cir.1974) (gun seen only after defendant illegally ordered out of ear ordered suppressed). E. Suppression as “Fruits of Poisonous Tree” Guevara seeks suppression as “fruits of a poisonous tree” of his admissions elicited and evidence found as a consequence of the illegal stop. The evidence includes the sixty kilograms of cocaine found in his car. The admissions include his statement in response to police questioning at the scene of the stop that there were “sixty” kilograms of cocaine in the ear, his statements to law enforcement officials at the Monday conference at the United States Attorney’s office following his meeting with April Ferguson, his purported attorney, and comments made to Agent Bourdon at the New York debriefing. The government is not seeking to introduce his statements at the Memphis Police Department office, presumably because it concedes that their suppression is required as the product of an interrogation of a defendant in custody who has invoked his right to consult with an attorney. For reasons discussed below, each of the statements and the physical evidence must be suppressed as to Guevara as the fruit of a poisonous tree. 1. Law Evidence derivative of a constitutional violation must be suppressed as the “fruit of a poisonous tree,” unless the taint of the constitutional violation has dissipated. See Wong Sun v. United States, 371 U.S. 471, 83 S.Ct. 407, 9 L.Ed.2d 441 (1963). The government bears the burden of proving attenuation. United States v. Ceballos, 812 F.2d 42, 50 (2d Cir.1987) (citing Brown v. Illinois, 422 U.S. 590, 604, 95 S.Ct. 2254, 2262, 45 L.Ed.2d 416 (1975)). In determining whether the taint of a constitutional violation is sufficiently separated from the evidence sought to be introduced, courts consider the same four factors previously discussed in the context of determining the validity of consent following an illegal stop: whether a Miranda warning was given; the temporal proximity of the detention and any statements; the presence of intervening circumstances; and the purpose and flagraney of the illegal arrest. See Part II.D.l, supra. With respect to statements following an arrest, Miranda warnings by themselves are insufficient to attenuate the taint of an unconstitutional arrest. See Brown v. Illinois, 422 U.S. 590, 95 S.Ct. 2254, 45 L.Ed.2d 416 (1975) (adopting a case-by-case analysis in favor of a per se rule); United States v. Pena, 961 F.2d 333, 338 (2d Cir.1992). Where a confession follows an illegal search, “it is even more apparent ... that giving the Miranda warnings will not break the causal chain, for these warnings ‘do not advise [the defendant] whether the evidence he is confronted with is unlawfully obtained or whether it will be admissible at trial.’ ” 1 Waye R. LaFave & Jerold H. Israel, Criminal Procedure § 9.4, at 747 (1984) (quoting People v. Johnson, 70 Cal.2d 541, 75 Cal.Rptr. 401, 450 P.2d 865 (1969)). In analyzing the effectiveness of a reading of the Miranda rights to dispel the inherent coerciveness of a custodial interno-gation, it is the substance rather than the form of the rights read that is important. The court “must ascertain if [the defendant] had his Miranda rights brought home to him in an intelligible fashion.” United States v. Anderson, 929 F.2d 96, 98 (2d Cir.1991). Consultation with counsel is sometimes considered an “intervening circumstance” which may dissipate taint. See, e.g., United States v. Delgadillo-Velasquez, 856 F.2d 1292, 1300 (9th Cir.1988). Yet, if the statement or other incriminating evidence arises from “exploitation of the illegality],” suppression may still be warranted. 1 LaFave & Israel, supra, § 9.4, at 746. 2. Application of Law to Facts The cocaine must be suppressed, with respect to Guevara, as a fruit of the illegal stop, detention and search. It is the direct product of a string of egregious Fourth Amendment violations. No intervening circumstance or other indication of attenuation is present to justify its production. Guevara’s statement at the scene of the stop that there were sixty kilograms in the car must also be suppressed. Guevara asserts that he did not receive Miranda warnings; while the officers’ testimony is otherwise, it is disregarded as not credible. Given that Guevara’s statement was a direct product of the exploitation of the illegality, Miranda warnings would not, in any event, have dissipated the taint. Guevara’s statements at the Memphis United States Attorney’s office must also be suppressed as the fruit of a Fourth Amendment violation whose taint had not dissipated. At the time that Guevara made the statements, he had been in custody for an entire weekend, isolated from his family, and without the opportunity to consult with a lawyer who could assist him in understanding his rights and preparing his defense. His decision to cooperate was coerced by law enforcement officials who took advantage of his vulnerability as an alien and as a caring father and husband seeking to avoid harm to his children and the arrest and detention of his wife. Law enforcement officials may not exploit such vulnerabilities in their efforts to advance law enforcement purposes. The fact that Miranda warnings were apparently provided on Saturday does not immunize his Monday statements from the taint of the cumulative series of illegalities, particularly since he had asked for an attorney before speaking to the officers who had him in custody. Moreover, it is unlikely that, under the facts of the case, the type of cursory reading the officers say they provided at different points would have “brought home” those rights to Guevara. For similar reasons, statements made to DEA Agent Bour-don in New York are also suppressed. The government apparently believes that Guevara’s communication with attorney April Ferguson was an “intervening circumstance” which dissipates the taint of the illegality. Under the circumstances, Ferguson’s contact with the defendant did not break the chain of illegalities. Ferguson did not believe herself to be Guevara’s attorney; she misunderstood the purpose for which she was to meet him and thus was unable to properly fulfill the attorney’s role. Her short communication with Guevara, hampered by difficulties with translating and a lack of privacy, was insufficient either to inform her properly of the amount of drugs and circumstances of Guevara’s crime or to inform him of his rights. The presence of an INS agent with a possible independent ground for prosecuting Guevara was particularly telling. Rather than protecting defendant’s right to counsel, the government tricked him into giving up his right to an appearance before a magistrate judge to whom he should have been promptly taken. The fact that Guevara testified that he understood Ferguson is not helpful to the prosecution. At that point, he did not know what it meant to have a lawyer working on his behalf and assisting him with an understanding of his legal rights — and particularly of the illegal nature of the stop. Nor did he have any idea about what his rights might be and how to protect them against a waiver. Rather then attenuating the taint, the meeting compounded it. It was conducted by a lawyer who was not acting as his attorney, who had been hand-picked by an Assistant United States Attorney to avoid having an attorney appointed by an available magistrate judge, and who was using an inadequate translator selected by the police, whose interests as an INS agent were adverse to Guevara’s. The meeting was designed to ensure that Guevara would be a pliant tool of the government, not to protect his constitutional rights. While the fruits of the unconstitutional stop are suppressed as to Guevara, they are not subject to suppression as fruits as to his codefendants, Caro and Restrepo. The seizure of the cocaine and the other fruits of the illegal stop “invaded no right of privacy of person or premises which would entitle [the eodefendants’] to object to its use at [their] trial.” Wong Sun v. United States, 371 U.S. 471, 492, 83 S.Ct. 407, 419, 9 L.Ed.2d 441 (1963); see also Alderman v. United States, 394 U.S. 165, 169-76, 89 S.Ct. 961, 964-68, 22 L.Ed.2d 176 (1969) (codefendants lacked standing to object to go