Citations
- 953 F. Supp. 803
Full opinion text
MEMORANDUM AND ORDER
ATLAS, District Judge.
Pending before the Court are the Motions to Suppress of Defendants Graciano Eduardo Zertuche-Tobias (“Zertuche”) and Edgardo Rodriguez Carrera (“Carrera”). The Government strenuously opposes the Motions. An evidentiary hearing was held on October 28-31, 1996, during which the Government and Zertuche called witnesses, and counsel for all parties cross-examined the witnesses extensively. The Court has carefully considered all of the parties’ arguments, both written and oral, as well as all other matters of record in this ease and the relevant authorities. For the reasons stated herein, Carrera’s Motion to Suppress [Doc. # 73] is GRANTED and Zertuche’s Motion to Suppress [Doc. # 59] is DENIED.
FINDINGS OF FACT
The Court, having considered carefully the testimony and having weighed the credibility of all witnesses, makes the following findings of fact.
Initial Observations From, Surveillance and Investigation. — Detective Frank Full-bright, a detective with the Harris County Sheriffs Department assigned to the Harris County Organized Crime Task Force (“Task Force”), first observed Defendants on August 15, 1996, during his routine surveillance of La Quinta Inn (“Motel”) on the east side of Houston. Fullbright knew, from his twelve years of narcotics investigation and police work, that the Motel was a likely spot for narcotics trafficking transactions. His assignment for the Task Force was to investigate activities at the local hotels and motels to identify individuals engaging in suspicious conduct that indicated narcotics trafficking. By use of surveillance, he had been very successful in identifying individuals and vehicles carrying narcotics, or large sums of cash that were believed to be related to narcotics transactions. He could not recall a search after this technique that had not resulted in seizure of drugs or cash.
Fullbright had commenced general surveillance at the Motel on Tuesday, August 14, and had seen a man, later identified as Mr. Navarez, check into Room 255 with a woman and child. Navarez later rented another room, Room 102, that subsequently was occupied by another man.
On the morning of Wednesday, August 15, Fullbright saw Zertuche drive slowly around the Motel parking lot and then park. Zertuche was in a 1996 black Suburban and had a passenger with him. Zertuche’s passenger went to Room 255 at the Motel, spoke to Navarez for a few minutes, went back down to the black Suburban, and spoke to Zertuche. Zertuche then went up and talked with Navarez for about five minutes. Thereafter, at about 11:15 a.m., Navarez visited Room 102.
Meanwhile, Fullbright, through databases to which the Task Force has access, identified the black Suburban as registered to Zertuche, whom the United States Drug Enforcement Agency (“DEA”) had previously encountered on two occasions and had included in two money laundering investigations. Fullbright contacted Agent William Owen of the DEA, who had personal knowledge of these prior incidents, and learned that the DEA suspected that Zertuche was involved in money laundering or narcotics transactions. In April 1992 in a Dallas airport, federal officials had seized approximately $23,000 in cash from an individual with whom Zertuche was traveling, and the currency was never claimed. In addition, in December 1995, Zertuche had visited Houston, and had traveled around the city and stayed in a hotel room with several individuals involved in narcotics dealings. Fullbright and Owen knew that the DEA had arrested Zertuche and the men he was with in December 1995, resulting in a seizure of $400,000, although Zertuche later was released without charges.
Fullbright, while observing Zertuche’s activities, saw a second car, a 1993 blue Suburban, driving slowly around the parking lot. The driver did not acknowledge or indicate that he knew Zertuche or the others when he first passed Zertuche’s car. The driver of this vehicle, it was later learned, was Defendant Carrera.
A little while later, Zertuche and his passenger went to a Denny’s Restaurant located near the Motel, and the men from Rooms 255 and 102 joined them. After eating, all four went to the rear of the Motel and talked while standing near Room 255. Carrera, driving the blue 1993 Suburban, arrived again, and this time stopped and joined the conversation. After about ten minutes, the passenger and the men from Room 255 and 102 went to Room 255. Zertuche and Carr-era left in the black Suburban in which Zertuche had arrived.
After stopping at a Big and Tall Man’s Shop nearby and apparently doing some shopping, Zertuche and Carrera drove Zertuche’s ear to a house at 11919 Kemp Hollow, on the far west side of Houston. They put the black Suburban inside the garage and closed the door. Approximately 20-40 minutes later, Carrera left in the black Suburban.
Stop and Search of the Suburban Carr-era Was Driving. — After Carrera left the Kemp Hollow home he traveled back east on I — 10, and was followed by three law enforcement officers in unmarked cars and plain clothes. The officers decided to stop Carrera to determine his identity, and to ask him questions if he agreed to answer. The officers wanted to verify that the information they had on Zertuehe’s black Suburban was correct. They also wanted to ask Carrera questions as part of their narcotics investigation and seek consent to search the black Suburban.
Owen, who was driving in the lane next to Carrera, turned on the police lights inside his vehicle. Owen then showed his badge and motioned to Carrera to pull over, which Carrera did. Pasadena Police Officer Dan O’Sullivan and FBI Agent Clark Webb, each in plainclothes, were in unmarked cars in front of and behind Carrera’s ear, respectively. They pulled over when Carrera began to stop, and parked their cars around his on the shoulder of the freeway.
Owen asked Carrera to step out of his car. Carrera did so; there is no evidence that he hesitated or was reluctant. Owen asked Carrera to move from the driver’s side of the black Suburban to the front, and eventually to the passenger side.
Owen, who does not speak Spanish, told Carrera in English who he was and that they were investigating a narcotics transaction. He asked Carrera for his driver’s license and the registration and proof of insurance for the Suburban. As he was waiting for Carr-era to retrieve his license, Owen asked Carr-era where he was coming from. Carrera stated in English that he had been at a car auction. When Owen asked specifically if Carrera had been at the Kemp Hollow address, Carrera said “no.” Owen stated that Carrera appeared nervous, and that Owen’s suspicions were even more strongly aroused because Carrera emphatically denied that he had been at the Kemp Hollow address when Owen asked one or more follow up questions about it. Furthermore, Owen knew that Carrera’s claim that he had just left an auto auction was false, since he and others had followed Carrera from the Kemp Hollow house.
As Owen was talking with Carrera with Officer O’Sullivan standing by, FBI Agent Webb joined them. O’Sullivan testified that he heard Owen ask Carrera where he had been that day and where he was coming from. He corroborated Owen’s testimony that Carrera stated that he just come from a car auction, and that Carrera denied having been to the Kemp Hollow residence.
According to O’Sullivan, whom the Court found particularly credible and who had the most definitive recollection of the interchange with Carrera, while Owen took Carr-era’s license to his car to check it on the law enforcement databases, O’Sullivan again asked Carrera, in English, for the car registration and insurance. Carrera started to go towards the vehicle to retrieve the documents. When O’Sullivan and/or Owen said they would get the papers, Carrera responded in English that they were behind the driver’s side visor. The officers, believing the Suburban and Carrera were engaged in a narcotics transaction, were concérned about weapons since the vehicle had not been searched. O’Sullivan immediately stepped over to the Suburban, opened the passenger door, reached inside and across' ¿he front seat to the driver’s side visor, and pulled out a small red plastic envelope. Carrera stood by and did not object. Carrera did not ask O’Sullivan for the envelope, did not ask O’Sullivan to stop as he reached inside the envelope, and did not offer to pull the documents out of the envelope himself as O’Sullivan reached in and removed the envelope’s contents. To O’Sullivan’s surprise, the envelope contained not only the Suburban’s insurance and registration cards, but also a glassine bag containing a small quantity of cocaine.
O’Sullivan did not explicitly ask permission to retrieve or look inside the plastic envelope. He acknowledged that Carrera did not verbally give him permission specifically to reach into the car to get the registration and insurance papers. He stated, however, that he believed that when Carrera moved toward the car to get the papers and then told him where they were, Carrera demonstrated his consent to show the papers to the officer. O’Sullivan believed he had permission to pull the papers from the plastic envelope.
After finding the glassine bag, O’Sullivan asked what it was and Carrera initially said “nothing.” O’Sullivan recognized that the bag contained cocaine. Owen then gave Carrera his Miranda warnings and placed him under arrest. Owen and O’Sullivan testified that, although no question was pending, Carrera thereafter blurted out that the cocaine was his and that he “use[d] it to stay awake when [he was] driving.”
O’Sullivan and Owen then asked for Carr-era’s consent to search the vehicle. Carrera consented orally to the search and then executed a DEA consent form in English. Thereafter, Webb and Owen searched the vehicle and found $2,060 in cash in a hidden compartment between the two front seats.
There is no evidence that Carrera ever asked to terminate the encounter or to leave before the officers were done checking his and the vehicle’s identification. None of the officers were in uniform or had their guns drawn at any time during this stop or questioning, although Owen’s firearm may have been visible since it was tucked in his waistband. There is no dispute that the only questions the officers asked were about Carr-era’s identity, about his previous whereabouts, about the documents as to ownership and insurance status of the car, and for permission to search the car. Finally, the evidence establishes that Carrera was given his Miranda warnings when the cocaine was found, and that thereafter he made the statement about his relationship to the cocaine and consented to a search of the vehicle.
Although counsel for Carrera argues that Carrera does not speak English well and that he did not understand his rights or the questions or statements by the officers, there is no evidence to support this contention. The officers all testified that they spoke only English to Carrera and that he answered their questions appropriately in English.
After the search of the car was completed, Carrera was taken to a location near the Kemp Hollow house".
8/15/96_ _ /s/ Edgardo Carrera_
Date Signature
Witnesses: _/s/ Bill Owen S/A 2:40 PM_
/s/ Clark D. Webb, SA FBI Houston, Tx.
2:40 PM 8/15/96
Government Exhibit 1.
Search of the Kemp Hollow Residence.— Fullbright had concluded, prior to the stop and arrest of Carrera, that there was insufficient information to constitute probable cause to search the Kemp Hollow residence. He, in conjunction with several DEA agents and others on the Task Force, decided that they would use a technique known as “knock and talk,” whereby agents with at least one uniformed police officer knock on the front door of a residence, introduce themselves as law enforcement officers, and ask permission to question the occupants about matters under investigation. Fullbright testified that he has almost never been refused by individuals when using this technique.
After Owen returned to the residence with Carrera, he joined Fullbright, DEA Agent David Downing and several other law enforcement officers who were assigned to the Task Force. It was decided that DEA Agents Owen and Downing and a uniformed police officer, J.J. Miller, would approach the residence. These three officers went to the front door of the Kemp Hollow residence, which was recessed a few feet from the front wall of the house. While they stood on the front stoop, Agent Downing knocked several times on the front door. As demonstrated by Downing in court, the knocking was firm and loud enough to be heard, but not threatening. Zertuche told Maria Delourdes Duran in English to open the door and she did so. Downing introduced himself and the others as “police officers” and asked if there was anyone in the residence. As Duran began to answer in the affirmative, Downing and Owen saw Zertuehe, who was seated a few feet away in the living room on a couch placed against a low partition between the living’ room and front hall. As Downing was asking Duran if she and Zertuehe could step outside, he and Owen saw Zertuehe reach down toward the front of the couch, to a place out of the officers’ view. Since the officers feared that Zertuehe was reaching for a weapon located on the floor or under the couch, Owen and Downing told Zertuehe in English to raise his hands where the officers could see them and to step outside. Zertuehe complied and came to the door without shoes. He and Duran came outside to the front stoóp and met with the officers. Neither Zertuehe nor Duran expressed any reluctance or resisted any of the officers’ requests.
While standing outside the front of the residence, Downing, who testified that he speaks virtually no Spanish, explained that they were officers of the Drug Enforcement Agency and asked who lived there. Duran responded that she was not the owner of the house but that she lived there. Zertuehe explained in English that he “leased” or “rented” the residence. Downing asked Zertuche if they could search the house, and Zertuehe agreed orally. Downing then said that he needed to get the consent in writing. Downing filled out the address of the Kemp Hollow residence as he read the DEA Consent Form, which is written in English, aloud to Zertuehe. Downing then asked Zertuehe to sign the form and Zertuehe did so. See Government Exhibit 2.
There is no evidence that Downing or anyone else threatened or made any promises to Zertuehe in the course of their discussion. Downing observed that Zertuehe appeared to want to cooperate and that he did not communicate by body language or in words that he was afraid of the officers. At the time Zertuehe consented to the search, there were approximately five officers in his view. There were no marked police patrol cars in front of the house, although there may have been one or two patrol cars visible two houses down the street.
Owen stated during cross-examination that Downing told Zertuche that he could refuse to consent. The Court finds that there was at least some cursory statement to Zertuche that he could refuse the officers’ request for the consent to search.
Shortly after Zertuche signed the consent, while conducting the protective sweep to be sure no additional people or weapons were in the house, the officers asked Zertuche if there were any weapons, narcotics or money in the house. Zertuche told them at that time that there were two guns and some cocaine in a closet, although he did not identify a specific closet.
The officers then entered the house and conducted a more detailed search. During the search, they found 19 kilos of cocaine in the walk-in closet in the master bedroom closet. None of the law enforcement witnesses had personal knowledge of exactly how or when the 19 kilos of cocaine were found. Fullbright explained that he was not present when an. officer first discovered the packages in a closet, but he was called over and saw the 19 kilos in a cardboard box on the floor of the master bedroom closet. He recognized the contents as cocaine from their appearance and because he smelled the drug through the, cellophane wrapping. During the search, Sheriffs Deputy Tipps found another kilo package of cocaine buried between two cushions in the living room couch on which Zertuche was sitting when Duran first opened the front door. The officers also found smaller quantities of cocaine in the carpet where apparently Zertúehe had placed it after he was arrested by the officers, several packages of cocaine in a woman’s pair of pants and a shirt, and a small packet of cocaine on the entertainment center in the living room. The officers found, in various places near the kitchen and in the living room, approximately $119,400 in cash wrapped in opaque plastic. They found approximately $2,000-$3,000 in unwrapped cash, apparently consisting of $5 — bills rubber-banded together, on a table in the master bedroom, with a set of keys to a BMW and a wallet that belonged to Zertuche. The officers also found a loaded .45 pistol and an AK-47 assault rifle in the master bedroom.
As soon as the officers found the cocaine, Zertuche and Duran were placed under arrest. The agents informed the suspects of their rights in English, and also called for a Spanish-speaking police officer. Officer Gonzalez, who arrived while the search of the house continued informed Zertuche, Carrera and Duran of their Miranda rights in Spanish.
All conversation between Zertuche and the investigating officers was in English, including the questioning about the consent. The officers had no doubt that Zertuche understood the questions he was being asked, because the questions were simple and Zertuche’s responses were given in English and were completely appropriate. There is no dispute that the officers did not speak Spanish to Zertuche or Duran. Nor is there any evidence that Zertuche or Duran ever said they did not understand what was being said or asked by the officers. To the contrary, there is credible testimony from Owen that later, on the way to the police station, Zertuche asked Owen in broken but understandable English how long he would be in jail and how long the agents had been following him. Zertuche then stated, “I am not a good trafficker because I always get caught.” He also talked to the agent about his children.
Zertuche’s Testimony. — Zertuche testified in his own behalf, using a Spanish interpreter. Zertuche testified that he frequently visited Duran in Houston, and that he gave Duran cash for her apartment and, later, the house rental payments. Presumably, this testimony was to establish his authority to consent, and thus his standing to challenge the consent, to the search of the house.
Zertuche testified extensively as to the details of the transaction that gives rise to the indictment in this case. He also testified extensively on matters surrounding his alleged receipt of $28,000 in April 1992, which was seized by federal officials in the Dallas airport when Zertuche and his friend were traveling back to their residence in the Valley. Finally, Zertuche testified to some extent about welding and auto parts businesses he claimed to have. The Court makes the following findings as to Zertuche’s testimony.
Zertuche’s denial of any ability to speak the English language is not credible. Zertuche, was born in Mexico, near the Texas border, and was a frequent visitor to the United States with his parents from the time he was six years old. As a teenager and adult, he visited the United States to shop, visit friends, and for other purposes. He stated that while he was growing up he made trips of one day or longer to Texas at least twelve or fifteen times a year. Zertuche attended three years of college in Mexico, during which time he apparently studied law. He moved to Brownsville and has lived there with his wife, who is a United States citizen, since 1988. They have two children, one of whom is school age. Incredibly, he claimed that he has never heard his six year old, who attends school in McAllen, speak any English.
The Court has no doubt that, although Zertuche’s ability to speak English may be somewhat limited, he was able to understand the officers’ questions and was able to make the responses he intended. On several occasions during Zertuche’s testimony he accidentally used English phrases. Moreover, he testified that he understood the contents of the Consent Form, and that — despite all the officers speaking only English — he was sure that he had not been told that he was free to leave or to refuse to consent to the search that Downing was requesting. In any event, Zertuche certainly had the ability to tell the officers, in English or Spanish, that he did not understand their questions, if in fact that was the case.
The Court does not credit Zertuche’s testimony as to the circumstances of his receipt of $23,000 and the existence of any welding business. The Court also does not credit Zertuche’s testimony that he had a viable used auto parts business.
As to Zertuche’s connection to the Kemp Hollow residence, Zertuche claims that he paid many of the bills for Duran to live there. On direct examination, while Zertuche was seeking to establish his standing to challenge the consent to search the residence, he claimed that he visited Houston and Duran “frequently,” which he defined as at least once a month. He stated that he stayed at the house on “numerous occasions” and that he came “very often to Houston” to buy ears. He claimed that he paid the expenses for the Kemp Hollow residence so he would not have to rent hotel rooms when he came to Houston “frequently.” Zertuche had a key to Duran’s residence, which he used sometimes when he visited. He did not always tell Duran when he was coming, but sometimes called her in advance if he did not have the key. He stayed in the house on at least several occasions, although since his testimony is grossly inconsistent on this point, the number of times is not clear.
Zertuche elected to testify about the events connected to the drugs and money to which the instant suppression motion is directed. The Court finds only the following portions of his testimony credible. On or about August 11 or 12, 1996, Zertuche was asked by Ruben Herrera and Arnoldo Garza, who live in Reynosa, Mexico, to take 20 kilos of cocaine to Houston and to find a buyer for it. Zertuche agreed. Zertuche was provided the blue Suburban by their associate to transport the narcotics from McAllen. Zertuche and Carrera arrived in Houston with the narcotics very early on the morning of August 14. They went to Duran’s house on Kemp Hollow, put the car in her garage, and placed the 20 kilos of cocaine in the master bedroom closet.
Zertuche and the officers’ accounts of the encounter at the Kemp Hollow residence on August 15 differ dramatically as to how Zertuche initially got involved in the encounter. Zertuche claims that after the officers knocked on the door and Duran opened it, they barged in with guns drawn, pointed the guns at him at close range, yelled excitedly for him to put his hands up, and pushed Duran against the wall. Zertuche testified that the officers then ordered Duran and him out of the house. The inconsistencies of Zertuche’s testimony generally, and some of the inconsistencies as to his version of the events prior to his consenting to the search of the house, lead this Court to credit the officers, rather than Zertuche’s, rendition of these events. Therefore, the Court finds, as the officers all testified, that they did not enter the house without permission at any time.
By all accounts, once Zertuche began to talk with the officers, he was fully cooperative. Zertuche did not take any action or give the officers any indication that he objected to their inquiries or to the search. He did not ask the officers to leave the premises, did not verbally try to end the interview, and did not attempt to go inside and thus indicate he wanted to end the encounter. He never stated that he objected to any search, that he did not understand the officers’ questions, or that he did not want to sign the consent form.
Zertuche does not deny that he told the officers that there were guns and narcotics in the house. He argues instead that he should not have been asked the question.
DISCUSSION
I. ESTABLISHED LEGAL PRINCIPLES
A. General Principles
The touchstone of the Fourth Amendment is reasonableness. See Ohio v. Robinette, — U.S. -, -, 117 S.Ct. 417, 420-21, 136 L.Ed.2d 347 (1996); Florida v. Jimeno, 500 U.S. 248, 250, 111 S.Ct. 1801, 1803, 114 L.Ed.2d 297 (1991). “Reasonableness, in turn, is measured in objective terms by examining the totality of the circumstances.” Robinette, — U.S. at-, 117 S.Ct. at 421. The Supreme Court and Fifth Circuit have long held that “warrantless searches and seizures are per se unreasonable unless they fall within a few narrowly defined exceptions.” United States v. Ho, 94 F.3d 932, 935 (5th Cir.1996) (citing United States v. Cardenas, 9 F.3d 1139, 1147 (5th Cir.1993), cert. denied, 511 U.S. 1134, 114 S.Ct. 2150, 128 L.Ed.2d 876 (1994)). In general, any restraint on a person amounting to a Fourth Amendment seizure is invalid unless justified by probable cause. United States v. Cooper, 43 F.3d 140, 145 (5th Cir.1995). However, certain limited investigative stops are justifiable if “there is an articulable suspicion that a person has committed or is about to commit a crime.” Id.; Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968). Warrantless searches also are permissible when police receive voluntary consent to search by a person able to give such consent. Id.
There are thus three general types of encounters between police and individuals: First, there is a “consensual encounter,” which may be initiated by police without any objective level of suspicion, in which the individual willingly agrees to speak to police. Without more, a consensual encounter does not amount to a Fourth Amendment “seizure.” Id. (citing Florida v. Bostick, 501 U.S. 429, 435, 111 S.Ct. 2382, 2386-87, 115 L.Ed.2d 389 (1991)). Second, there is a “limited investigative stop,” permissible under Terry v. Ohio if there is a “reasonable suspicion” that a person has committed or is about to commit a crime. Id. Third, there is an arrest, which must be based upon probable cause and justifies a “warrantless full-blown body search.” Id.
The courts have recognized that there is an “acknowledged need for police questioning as a tool in the effective enforcement of the criminal laws. Without such investigation, those who were innocent might be falsely accused, those who were guilty might wholly escape prosecution, and many crimes would go unsolved. In short, the security of all would be diminished.’ ” Schneckloth v. Bustamonte, 412 U.S. 218, 225, 93 S.Ct. 2041, 2046, 36 L.Ed.2d 854 (1973) (citing Haynes v. Washington, 373 U.S. 503, 515, 83 S.Ct. 1336, 1344, 10 L.Ed.2d 513 (1963); Culombe v. Connecticut, 367 U.S. 568, 578-80, 81 S.Ct. 1860, 1865-67, 6 L.Ed.2d 1037 (1961)).
Where as here, there was no warrant for any of the “seizures” of Defendants — the searches or the arrests — the Government has the burden to justify the warrantless searches. United States v. Roch, 5 F.3d 894, 897 (5th Cir.1993); United States v. Hurtado, 905 F.2d 74, 76 (5th Cir.1990). The Government has the burden at suppression hearings to prove, by a preponderance of the evidence, the voluntariness of a consent to a warrantless search, the voluntariness of a confession, the inevitable discovery of evidence, or the waiver of Miranda rights. Hurtado, 905 F.2d at 76 (collecting cases).
In this case, the Government seeks to justify the stopping, questioning, and searches under Terry v. Ohio and Defendants’ consent. Both of these therefore will be addressed in turn.
B. Investigative or “Terry” Stop
An investigative stop pursuant to Terry v. Ohio requires that the officer have “reasonable suspicion,” a standard which is “considerably easier for the Government to establish than probable cause.” United States v. Tellez, 11 F.3d 530, 532 (5th Cir.1993), cert. denied, 511 U.S. 1060, 114 S.Ct. 1630, 128 L.Ed.2d 354 (1994) (citing United States v. Wangler, 987 F.2d 228, 230 (5th Cir.1993)). To satisfy the “reasonable suspicion” standard, the officer “must be able to point to specific and articulable facts which, taken together with rational inferences from those facts, reasonably warrant that intrusion.” Terry, 392 U.S. at 21, 88 S.Ct. at 1880 (emphasis added). Accord United States v. Sokolow, 490 U.S. 1, 109 S.Ct. 1581, 104 L.Ed.2d 1 (1989); Delaware v. Prouse, 440 U.S. 648, 653-55, 99 S.Ct. 1391, 1395-97, 59 L.Ed.2d 660 (1979).
As the Fifth Circuit has explained, “[t]he prosecution must demonstrate a ‘minimal level of objective justification for the officer’s actions, measured in light of the totality of the circumstances.’” Tellez, 11 F.3d at 532 (quoting Wangler, 987 F.2d at 230). When considered together, several otherwise innocent activities may “amount to reasonable suspicion.” Sokolow, 490 U.S. at 9, 109 S.Ct. at 1586-87 (1989); United States v. Chavez-Villarreal, 3 F.3d 124, 126-27 (5th Cir.1993) (“[w]e assess the basis for a stop not by isolating any component factor, each of which may indicate wholly innocent behavior standing alone," but by examining the entire picture, which must yield articulable and objective manifestations of particularized suspicion”). A court may consider the investigating agents’ law enforcement experience, particularly with reference to the specific type of crime involved in the case before the court. See, e.g., Gonzales, 79 F.3d at 422.
A Terry stop, since it is not grounded on probable cause, warrants a temporary seizure only “for the purpose of questioning limited to the purpose of the stop.” Florida v. Royer, 460 U.S. 491, 498, 103 S.Ct. 1319, 1324, 75 L.Ed.2d 229 (1983) (plurality opinion) (citing United States v. Brignoni-Ponce, 422 U.S. 873, 881-82, 95 S.Ct. 2574, 2580-81, 45 L.Ed.2d 607 (1975)). A search incident to a Terry stop is permissible only to the limit ed extent required to determine if a suspect is armed or can reach a weapon that might be used to harm an investigating officer. Minnesota v. Dickerson, 508 U.S. 366, 113 S.Ct. 2130, 124 L.Ed.2d 334 (1993). Id.
C. Consent
Warrantless searches are permissible when voluntary consent is given by a person able to furnish such consent. United States v. Jenkins, 46 F.3d 447, 451 (5th Cir.1995). Law enforcement officers may approach an individual on the street or in another public place by inquiring whether the individual is willing to answer some questions, or by asking questions if the person is willing to listen. Royer, 460 U.S. at 497, 103 S.Ct. at 1323-24. The crucial test" as to voluntariness has always been “whether, taking into account all of the circumstances surrounding the encounter, the police conduct would ‘have communicated to a reasonable person that he was not at liberty to ignore the police presence and go about his business.’ ” Bostick, 501 U.S. at 437, 111 S.Ct. at 2387 (quoting Chesternut, 486 U.S. at 569, 108 S.Ct. at 1977); Gonzales, 79 F.3d at 420.
The Government must demonstrate that a defendant’s consent was not the product of coercion or duress, express or implied, but was a voluntary waiver of his or her Fourth Amendment rights. Schneckloth, 412 U.S. at 248-49, 93 S.Ct. at 2058-59. This waiver does not need to be knowing and intelligent. Id. at 241, 93 S.Ct. at 2055. However, for constitutional purposes, nonresistanee may not be equated with consent. United States v. Cooper, 43 F.3d 140, 145 n. 2 (5th Cir.1995).
The Fifth Circuit has enumerated six factors relevant to whether a consent to search was voluntary or was the product of coercion, express or implied:
1. the voluntariness of defendant’s custodial status;
2. the presence of coercive police procedures or physical punishment;
3. the extent and level of the defendant’s cooperation with the police;
4. the defendant’s awareness of his right to refuse to consent, and whether the defendant was informed of this right;
5. the defendant’s education and intelligence; and,
6. the defendant’s belief that no incriminating evidence would be found.
Jenkins, 46 F.Bd at 451. “ ‘[Although all of the above factors are highly relevant, no one of the six factors is dispositive or controlling of the voluntariness issue.’” Id. (quoting United States v. Olivier-Becerril, 861 F.2d 424, 426 (5th Cir.1988)) (citations omitted). Indeed, the court is to examine “the totality of the circumstances.” United States v. Broussard, 80 F.3d 1025, 1036 (5th Cir.), cert. denied, — U.S. -, 117 S.Ct. 264, 136 L.Ed.2d 189 (1996).
Consents and statements given during a period of illegal detention are inadmissible even if voluntarily given, if the consent or statements are the product of the illegal detention and not the result of an independent act of free will. Royer, 460 U.S. at 501, 103 S.Ct. at 1326. Although a “voluntary consent can validate a search even when the consent to search is preceded by a Fourth Amendment violation,” the Government then “has a heavier burden of proving consent.” United States v. Kelley, 981 F.2d 1464, 1470 (5th Cir.), cert. denied, 508 U.S. 944, 113 S.Ct. 2427, 124 L.Ed.2d 647 (1993).
A consent waiving Fourth Amendment rights may be limited, qualified, or withdrawn. Ho, 94 F.3d at 936 n. 5. The “standard for measuring the scope of a suspect’s consent ... is that of objective reasonableness—what would the typical reasonable person have understood by the exchange between the officer and the suspect?” U.S. v. McSween, 53 F.3d 684, 687 (5th Cir.), cert. denied, — U.S. -, 116 S.Ct. 199, 133 L.Ed.2d 133 (1995) (quoting Jimeno, 500 U.S. at 251, 111 S.Ct. at 1803-04 (internal quotation marks omitted)). Furthermore, “the ‘scope of a search is generally defined by its expressed object.’” McSween, 53 F.3d at 688 (quoting Jimeno, 500 U.S. at 251, 111 S.Ct. at 1803-04).
D. Probable Cause
As noted previously, the Government makes a half-hearted argument that there was probable cause to search the vehicle Carrera was driving.
Where police have probable cause to believe that a crime has occurred, warrant-less search of an automobile is permissible under the Fourth Amendment. Ornelas v. United States, — U.S.-,-, 116 S.Ct. 1657, 1660, 134 L.Ed.2d 911 (1996); Ho, 94 F.3d at 932 (citing United States v. Barlow, 17 F.3d 85, 89 (5th Cir.), cert. denied, 513 U.S. 850, 115 S.Ct. 148, 130 L.Ed.2d 88 (1994)); United States v. Wadley, 59 F.3d 510, 512 (5th Cir.1995), cert. denied, — U.S. -, 117 S.Ct. 240, 136 L.Ed.2d 169 (1996)). Probable cause is determined by an objective test, and “ ‘cannot be established simply by showing that the police subjectively believed that probable cause existed.’” Ho, 94 F.3d at 932 (quoting United States v. Cooper, 949 F.2d 737, 744 (5th Cir.1991), cert. denied, 504 U.S. 975, 112 S.Ct. 2945, 119 L.Ed.2d 569 (1992)).
Probable cause for a warrantless arrest exists -when the totality of facts and circumstances within a police officer’s knowledge at.the moment of the arrest are sufficient for a reasonable person to conclude that the suspect had committed or was committing an offense. Although probable cause requires more than a bare suspicion of wrongdoing, it requires substantially less evidence than that sufficient to support a conviction.
Id. at 935-36 (internal quotation marks and citations omitted).
II. OFFICERS’ STOP OF CARRERA AND SEARCH OF THE SUBURBAN
Defendant Carrera argues that (1) the officers “did not have reasonable suspicion to conclude that Defendant was involved in criminal activity” as is required to make an investigatory stop; (2) that the officers “did not have probable cause to conclude that Defendant was guilty of a crime” as is required for an arrest; (3) that the “search of the [Sjuburban was based on the involuntary consent of Defendant and resulted in a statement that was involuntarily made.” Carr-era’s Motion to Suppress Evidence [Doc. # 73], at 2-3.
The Government acknowledges that it has the burden to justify the stop and the search and argues: (1) first and foremost, that the stop of the Suburban was proper under Terry v. Ohio; (2) that the stop of the Suburban was based upon probable cause to believe that a money laundering/nareoties violation had occurred; (3) that the items recovered from the Suburban are admissible because they were obtained pursuant to a lawful consent search; and (4) that, even assuming that Carrera’s consent was not “voluntary,” the seizure of the cocaine from the Suburban was proper because the stop of the vehicle and search thereof was supported by probable cause or was supported by the automobile exception to the warrant requirement. Government’s Response to Defendantfs’] Motion to Suppress Evidence [Doc. # 80], at 12-19.
The Court has carefully considered these arguments in light of the foregoing factual findings, which are based upon the testimony and demeanor of each witness at the suppression hearing. The Court concludes that the stop and search was justified, to the point of retrieval of the plastic envelope, under Terry v. Ohio, but that the officer’s search inside the envelope was beyond the scope of a legitimate protective sweep. The Court further holds that Carrera’s incriminating statement about his ownership of the cocaine found in the envelope was tainted as the “fruit” of an unlawful search, even though it was spontaneous and not in response to any question posed by the officers. Finally, the Court concludes that Carrera’s consent to the officers’ search of the car resulting in the discovery of $2,060 in cash was tainted by his unlawful arrest arising from the illegitimate discovery of the cocaine. Therefore, the Court suppresses all of the evidence resulting from the search of the black Suburban on August 15,1996.
A. The Stop and Request for Identification
This case presents a particularly difficult fact pattern for decision. However, after careful consideration of the applicable authorities and all the evidence adduced at the hearing, the Court concludes that the law enforcement officers had sufficient — albeit barely sufficient — objective information to form a “reasonable suspicion” that Carrera was engaging in a crime or was about to be engaged in criminal activity, and therefore had a legal basis to stop Carrera and subject him to a form of “seizure” under the Fourth Amendment to the Constitution. Delaware v. Prouse, 440 U.S. 648, 99 S.Ct. 1391, 59 L.Ed.2d 660 (1979); Terry, 392 U.S. at 21-22, 88 S.Ct. at 1879-81; Tellez, 11 F.3d at 532. On the other hand, the Court finds the evidence clearly fails to establish probable cause to stop Carrera or to reach into the car for the vehicle’s identification.
The officers articulated objective reasons to suspect that Carrera was participating in a narcotics transaction. On August 15, 1996, Officer Fullbright, while conducting surveillance, observed Carrera drive slowly in a blue 1993 Suburban around the Motel parking lot on the east side of Houston in a well-known high drug trafficking area. Fullbright was aware that the Motel was a popular place for narcotics transactions. He observed Carrera initially drive past and appear not to know Zertuche, but upon returning some time later, stop to join Zertuche and others in conversation. Full-bright then saw Carrera park his vehicle, the blue Suburban, at the Motel and leave with Zertuche in the black Suburban in which Zertuche had arrived, even though there was no evidence that Carrera was registered at the hotel.
Fullbright also knew that, in 1992, Zertuche traveled from the Valley to Dallas with a man from whom government agents seized $23,000, on the suspicion the cash was proceeds of narcotics trafficking, and that neither Zertuche nor his compianion tried to reclaim the currency after it was seized, despite being given a receipt for it at the time. Fullbright knew that Zertuche had been arrested by DEA in connection with a seizure of $400,000 in December 1995, although he then was released without charges. Full-bright was aware that Zertuche lived in South Texas and was visiting Houston midweek, and that he was driving a different ear from the one he drove at the time of his arrest in December 1995. Furthermore, Fullbright observed Zertuche’s conduct that day, ie., that Zertuche and the passenger in his car engaged in a series of short meetings at the Motel and a nearby restaurant which were typical of narcotics transactions, all within the two-hour period before Zertuche left the area with Carrera. Other narcotics officers whom Fullbright had enlisted then observed Carrera and Zertuche, in Zertuehe’s black Suburban, travel to the Kemp Hollow house on the far west side of Houston, put the black Suburban in the garage, and close the garage door in the middle of the afternoon. At approximately 2:00 p.m., about 20-40 minutes after arriving, Carrera left the house in the black Suburban and traveled back east on 1-10. It was at this point that Carrera was stopped by Owen and other officers, so as to determine his identity and ask if he would consent to answer questions and to a search of his vehicle.
Carrera attacks the officers’ purposes in stopping the car — which were to ascertain the identity of the driver, to determine if the car in fact was still owned and registered to Zertuche, and to seek to obtain consent to search the vehicle — arguing that these are insufficient reasons to justify the stop. The Court disagrees.
The facts in this case, taken together, provided the officers with “some minimal level of objective justification for making the stop,” which amounted to “something more than an inchoate and unparticularized suspicion or hunch.” See Sokolow, 490 U.S. at 7, 109 S.Ct. at 1585 (internal citations and quotation marks omitted). While each of the facts or characteristics supporting the officers’ “reasonable suspicion” may, in isolation, “indicate wholly innocent behavior standing alone, [the Court must] examin[e] the entire picture.” Chavez-Villarreal, 3 F.3d at 127. The Court holds that the factors in this case, in combination, “yield articulable and objective manifestations of particularized suspicion” of drug trafficking. See id. (citing United States v. Cortez, 449 U.S. 411, 101 S.Ct. 690, 66 L.Ed.2d 621 (1981)).
As the United States Supreme Court stated, the analysis of data relevant to the existence of a reasonable suspicion so as to justify a stop “does not deal with hard certainties, but with probabilities,” and the evidence “must be seen and weighed not in terms of library analysis by scholars, but as understood by those versed in the field of law enforcement.” United States v. Cortez, 449 U.S. 411, 418, 101 S.Ct. 690, 695, 66 L.Ed.2d 621 (1981). Ascertaining whether or not individuals are engaging in or assisting others in narcotics transactions is not an easy task. The evidence must be gathered bit by bit. In this case, to make inquiry of Carrera and to seek to verify ownership of the vehicle was not inappropriate. These officers, who possessed extensive narcotics police experience and had previously been successful in discov- • ering large sums of money and narcotics, articulated sufficient specific facts supporting their reasons for suspecting Carrera, and thus satisfy the standards of the Fourth Amendment.
Carrera relies most heavily on Roch, 5 F.3d 894, and Chavez-Villarreal, 3 F.3d 124, in support of his arguments that the stop and the subsequent search violate the Fourth Amendment. The Court is not persuaded. The Fifth Circuit in Roch, citing the Supreme Court’s opinion in Sokolow, stated the relevant standard as follows: “If an officer observes suspicious activity, the Fourth Amendment requirement is satisfied if there is a ‘minimal level of objective justification for the officer’s actions, measured in light of the totality of the circumstances.’ ” Roch, 5 F.3d at 897. The Roch Court held that the officers had personally observed too little activity or other facts to develop a “reasonable suspicion” of criminal activity, because the only activity observed by agents was “a man and a woman leaving the motel parking lot in an white and orange pickup truck, and driving to a filling station.” Id. at 897-98. Moreover, Roch was commanded by an officer with his gun drawn to lie face down on the ground, and was handcuffed. As noted above, the officers in the case at bar saw Carrera and Zertuche do far more, and the activities observed were qualitatively different from Roch’s observed conduct. Therefore, Carrera’s reliance on Roch for the proposition that there was an insufficient factual basis to constitute “reasonable suspicion” to stop and question him is unavailing.
Carrera’s reliance on Chavez-Villarreal to measure “reasonable suspicion” is equally unpersuasive. In Chavez-Villarreal 3 F.3d at 127, the Fifth Circuit held that there was insufficient information known to the Border Patrol to justify a stop of Defendant’s car to investigate whether it was carrying undocumented aliens. Unlike in the case at bar, the Border Patrol officer had absolutely no information about the occupants of the car they stopped, but relied only upon observations such as the driver’s race and demeanor, the make and model of the vehicle, Arizona license plates, and the fact that the driver changed lanes and slowed down when an unmarked police vehicle dropped in behind him. Id. As with Roch, the factors contributing to the officers’ reasonable suspicion of Carrera were much more reliable, and Chavez-Villarreal does not compel a holding that the stop violated the Fourth Amendment.
The Court concludes that the observations and information known to the investigating officers in this case — while somewhat sparse — was sufficient to establish “reasonable suspicion” to justify the stop of Carrera so as to engage in preliminary investigation of his identity and to confirm the car’s ownership.
B. Search for the Documents
Once the officers had pulled Carrera off the freeway based on reasonable suspicion, they were within their authority to request that Carrera show them his license, car registration and insurance so as to ascertain his identity and the owner of the car he was driving. See Prouse, 440 U.S. at 663, 99 S.Ct. at 1401. The officers also were within their authority to order Carrera out of the car. Tellez, 11 F.3d at 533.
The Court must determine whether, under all the circumstances, either Terry or Carr-era’s consent justified O’Sullivan’s refusal to allow Carrera to retrieve the requested documents personally, and/or O’Sullivan’s examination of the contents of the small red plastic envelope he retrieved from the vehicle. For the reasons stated herein, the Court concludes that, while Terry permitted the officers to stop Carrera from obtaining the vehicle’s documents, and permitted O’Sullivan to reach into the vehicle and obtain the documents’ container (the plastic envelope), O’Sullivan exceeded the permissible bounds of Terry when he personally extracted the documents from the plastic envelope, rather than allowing Carrera to do so and without specifically seeking consent. Therefore, the contents of the envelope will be suppressed.
1. Terry’s Application to O’Sullivan’s Retrieval of the Documents
During a Terry stop, an officer who reasonably believes that he or she is dealing with armed and dangerous individuals may conduct a limited protective search for weapons. United, States v. Baker, 47 F.3d 691, 693 (5th Cir.), cert. denied, — U.S. -, 115 S.Ct. 2632, 132 L.Ed.2d 872 (1995); United States v. Michelletti, 13 F.3d 838, 840 (5th Cir.) (en banc), cert. denied, 513 U.S. 829, 115 S.Ct. 102, 130 L.Ed.2d 50 (1994) (Terry countenances reasonable protective searches for weapons where officer has reason to believe, based upon “specific and articulable facts,” that the suspect is armed and dangerous). The Baker Court held that
the search of the passenger compartment of an automobile, limited to those areas in which a weapon may be placed or hidden, is permissible if the police officer possesses a reasonable belief based on specific and articulable facts which, taken together with the rational inferences from those facts, reasonably warrant the officer in believing that the suspect is dangerous and the suspect may gain immediate control of weapons.
Id. (quoting Michigan v. Long, 463 U.S. 1032, 1049, 103 S.Ct. 3469, 3480-81, 77 L.Ed.2d 1201 (1983) (internal citations and quotation marks omitted)).
The Court holds that O’Sullivan’s retrieval of the plastic envelope from the vehicle in essence was part of a protective sweep of the ear, permitted under Terry and its progeny. O’Sullivan testified that, when Carrera started toward the vehicle so as to retrieve the vehicle registration and insurance that were behind the driver’s side visor, he was concerned about weapons in the car since the car had not been searched. Owen and O’Sullivan also testified that their suspicions were aroused since, during initial questioning, Carrera appeared nervous and provided information that the officers knew to be false about his presence at the Kemp Hollow residence. Carrera’s behavior, in combination with the fact that the vehicle had not been swept for weapons, provided justification for O’Sullivan’s decision to retrieve the documents from the vehicle himself. Although O’Sullivan did not execute a complete protective weapons sweep of the vehicle, he acted prudently and reasonably so as to protect his safety while pursuing a limited purpose: retrieval of the vehicle’s registration and insurance.
However, the Court agrees with Carrera that, after O’Sullivan had retrieved the red plastic envelope containing the requested documents and it was clear that the envelope did not contain a weapon, Terry did not justify the officer’s decision to pull the papers out of the envelope rather than allowing Carrera to do so. Minnesota v. Dickerson, 508 U.S. 366, 113 S.Ct. 2130, 124 L.Ed.2d 334 (1993); United States v. Ponce, 8 F.3d 989, 999 (5th Cir.1993). A protective sweep under Terry is “limited to those areas in which a weapon may be placed or hidden,” Baker, 47 F.3d at 693, and there was little, if any, chance that the contents of the envelope were dangerous. Indeed, O’Sullivan did not claim the need to search inside it for his own protection.
The scope of a search is defined by the search’s object, and in this ease the object of the permissible search was not the vehicle’s papers, but a weapon. As in Ponce, 8 F.3d at 999, the contraband nature of the contents of the envelope was not “immediately apparent” to O’Sullivan. Therefore, once the envelope was removed and the officers’ safety was no longer threatened, O’Sullivan was required by the Fourth Amendment to cease his search. Dickerson, 508 U.S. at 377-78, 113 S.Ct. at 2138 (officer’s “continued exploration of respondent’s pocket after having concluded that it contained no weapon was unrelated to ‘[t]he sole justification of the search [under Terry: ] ... the protection of the police officer and others nearby,’ ” and “therefore amounted to the sort of evidentiary search that Terry expressly refused to authorize”) (quoting Terry, 392 U.S. at 26, 29, 88 S.Ct. at 1882, 1884).
The Government has argued that it was not unreasonable, once the officer was holding the envelope, for him to take the final step of extracting the documents from the envelope. The Court construes this to be an argument for a “good faith exception” to the limits on Terry protective searches. At first blush, this argument has significant force, especially if one considers the object of the search to be the documents. However, the only legitimate object of the search by O’Sullivan at this point was a weapon, as part of a protective sweep. The Supreme Court has stated clearly that the scope of a protective search must be “strictly” limited to that which is necessary for the discovery of weapons. Dickerson, 508 U.S. at 373-75, 113 S.Ct. at 2136. Therefore, the Court concludes that no “good faith exception” is available to the Government in this case.
2. The Scope of Carrera’s Consent as to Retrieval of the Documents.
The Court further concludes that O’Sullivan’s search of the contents of the envelope cannot be justified by Carrera’s consent. Since O’Sullivan’s conduct when he extracted the contents of the envelope was no longer authorized as part of a Terry protective search, and he neither sought nor secured Carrera’s consent to search inside the envelope, the retrieval of the documents was prohibited by the Fourth Amendment.
A Fifth Circuit panel has recently held that consent cannot reasonably be implied from a suspect’s silence or failure to object unless the officer expressly or impliedly asked for consent to search. United States v. Jaras, 86 F.3d 383, 390 (5th Cir.1996) (citing cases). As in Jaras, O’Sullivan did not expressly or implicitly request Carrera’s consent to search inside the envelope. Mere acquiescence to a show of lawful authority does not equate with consent. Bumper v. North Carolina, 391 U.S. 543, 548-59, 88 S.Ct. 1788, 1791-92, 20 L.Ed.2d 797 (1968); Jaras, 86 F.3d at 390; Cooper, 43 F.3d at 147.
When Owen or O’Sullivan requested the car registration and insurance, Carrera started to go for the documents. The evidence of record is that Owen or O’Sullivan then told Carrera, rather than asking him, that an officer would get the documents instead. The officers asked where the documents were located and Carrera responded, in English, that they were behind the driver’s side visor. Carrera then stood silently as O’Sullivan stepped over to the Suburban, opened the passenger door, reached inside and across the front seat to the driver’s side visor, pulled out the plastic envelope, and then exited the car and rejoined Carrera. Although there is no evidence as to exactly how long this took, the officers’ simple descriptions lead the Court to conclude that the officers’ request' and retrieval of the packet could have taken no more than a minute or two. At no time did Carrera object or suggest that he reach into either the ear or the envelope for the documents. As the very next act, apparently immediately thereafter, O’Sullivan himself reached into the envelope and pulled out its contents. Carrera was asked nothing and O’Sullivan neither said nor asked anything before pulling the documents, and with them, the cocaine, out of the envelope.
The Government has argued that Carrera gave implied consent for retrieval of the envelope from the vehicle and that afterwards, it was not unreasonable for the officer to assume that he had also been given consent to remove the documents from the envelope. The Court is not persuaded. Carrera had been stopped on reasonable suspicion and, as noted previously, the officers acted within their authority under Terry when they performed a limited protective sweep of the vehicle. Carrera, therefore, was required, to comply with the officers’ instruction not to retrieve the envelope from the vehicle. He was not permitted to refuse or to state that he preferred to retrieve the documents himself. His statement to the officers informing them that the documents were located over the driver’s side visor therefore in no way indicated consent; it merely was acquiescence. Moreover, his statement explaining the location of the documents does not indicate consent for the officer to go beyond the bounds of Terry and remove the contents of the envelope. That statement also was a form of acquiescence to the officers’ directive that he allow them to retrieve the documents.
The Government has not identified any statement or gesture by Carrera at any point in his encounter with the officers, other than the statement noted above and his movement towards the ear to get the papers, whieh could have implied consent. Moreover, the Government has not identified any statement or gesture by the officers that could be construed as a request for consent. Indeed, O’Sullivan candidly acknowledged that he did not explicitly ask permission to either retrieve the envelope from the car or look inside the envelope. Although “a failure to object to the breadth of the search is properly considered ‘an indication that the search was within the scope of the initial consent,’ ” in this case there was no initial consent at all, and therefore the “scope of consent” analysis is not properly applied.
Finally, to the extent Carrera’s acquiescence could be construed as implied consent, the Court would conclude that such consent was not voluntary under the Fifth Circuit’s six factors for evaluation of voluntariness of consent. See Jenkins, 46 F.3d at 451. First, as to the “voluntariness” of Carrera’s “custodial status,” the stop was not consensual. Second, as to the coerciveness of the officers’ procedures, although there was no rough or aggressive treatment, no guns were drawn, and no officer frisked or physically touched Carrera, the procedures were coercive. Carrera was told — not asked — that the officers would retrieve the envelope from the vehicle. He was never asked, expressly or otherwise, for consent to remove the documents from the envelope. O’Sullivan testified that he extracted the documents from the envelope right after it was removed from the vehicle. The Court concludes that this act was indistinguishable to any observer (such as Carrera) from the protective sweep, which was a coercive act. Third, although Carrera cooperated with the officers, Owen still had his license and so the setting remained coercive and Carrera had no choice but to cooperate. Fourth, there is no evidence, and the Government does not argue, that Carrera was told of his right to refuse consent. Fifth, while Defendants adduced no specific details about Carrera’s age, education or intelligence, the Government established that the officers who dealt with Carr-era found him to be at least of average intelligence, and the testimony by Zertuche about Carrera supports this conclusion, nally, there is evidence that Carrera believed there would be incriminating evidence in the car, since he later claimed that the drugs were his and that he used them to stay awake. Fi-
For all of the foregoing reasons, the Court holds that the search resulting in discovery of cocaine violated the Fourth Amendment, and therefore that Carrera’s subsequent arrest was .unconstitutional.
C. Carrera’s Statement after the Miranda Warnings.
After Carrera had been placed under arrest and had received Miranda warnings, he spontaneously stated that the cocaine was his and that he used the cocaine to keep awake when he was driving. Apparently, there was no question pending from the officers. Under ordinary circumstances, the statement would be deemed voluntary. See Broussard, 80 F.3d at 1033 (confession is voluntary “if, under the totality of the circumstances, the statement is the product of the accused’s free and rational choice”).
However, voluntariness alone cannot justify admission of Carrera’s statement. A statement made by a suspect after an illegal arrest “should not be suppressed if it is both voluntary and sufficiently removed from the illegal seizure to break the causal chain linking the statement to the arrest.” United States v. Blount, 98 F.3d 1489, 1497 (5th Cir.1996) (emphasis added). In this case, the statement was made shortly, if not immediately, after the arrest and without intervening circumstances. The Court therefore holds that, even though Carrera’s statement was voluntary, it was “not so attenuated as to be purged of the illegal arrest’s taint.” Id. Therefore, the statement is suppressed.
D. Consent to Search Vehicle and Discovery of Hidden Cash
After placing Carrera under arrest, the officers asked for his consent to search the vehicle. Carrera consent