United States District Court, D. Idaho
MEMORANDUM DECISION AND ORDER
Lynn Winmill, Chief Judge United States District Court
Court has before it a motion to suppress evidence filed by
defendant Mariano Castillo. The Court held an evidentiary
hearing and took testimony from the arresting officer, Eric
Duke. At the conclusion of that hearing, the Court took the
motion under advisement, and ordered further briefing. That
briefing has now been received. After considering the
testimony of Officer Duke, the video of the Officer's
body camera, and the briefing by counsel, the Court will deny
the motion for the reasons explained below.
January 11, 2017, Nampa Police Department Officer Eric Duke
received a tip that Castillo might be dealing drugs from his
home. After setting up surveillance on Castillo's home,
Officer Duke observed a vehicle leaving with no taillights
after dark. He called for a drug detection canine, and pulled
the vehicle over, immediately recognizing Castillo in the
driver's seat. Officer Duke knew that Castillo was a
documented gang member, and had been found six months earlier
with drugs and a firearm, for which he received a felony
Duke asked Castillo for his driver's license,
registration and proof of insurance. Castillo provided his
driver's license, but could not locate the vehicle
registration or proof of insurance. Officer Duke asked
Castillo where he was coming from and whether the address on
his driver's license was current. After Castillo answered
those questions, Officer Duke then engaged in the following
exchange with Mr. Castillo:
Officer Duke: Do me a favor, just keep your hands up where I
can see ‘em, okay. I know last time I was with you, you
had a gun, okay. Is there anything illegal in the vehicle?
Mr. Castillo: No Officer Duke: Knives, drugs, guns, weapons
of mass destruction?
Mr. Castillo: No.
Officer Duke: Nothing like that?
Mr. Castillo: [Inaudible]
Officer Duke. Okay. Umm . . . . Would you give me permission
to search the vehicle to make sure that's a true and
Mr. Castillo: Honestly, it's not my vehicle.
Officer Duke: Okay.
Mr. Castillo: A friend just let me use it, that's why
I'm looking for the registration.
Officer Duke: Okay. Did you, uh, did you waive your rights,
to, uh, Fourth Amendment rights ...