Page 46 - TPA Journal January February 2022

After reviewing the bill of lading, Agent Stauffiger BPA Stauffiger: “Well, how much did you get it
asked Nelson if he would step out of the truck. He for?”
was neither handcuffed nor formally placed under Defendant: Inaudible.
arrest. Agent Stauffiger told Nelson: “It looks like BPA Stauffiger: “Did he already get your I.D.?”
there’s bundles inside the trailer.” He asked Nelson (pointing at BPA Cantu)
for consent to search the trailer and told him that, Defendant: Shakes head in apparent ‘no.’
if he refused, a service canine would be requested. BPA Stauffiger: “Is it in the truck? Or do you have
Nelson refused, it on
you?”
and Agent Stauffiger called for a service dog, Defendant: “It’s on the dashboard.”
which had to be brought from the checkpoint.2 BPA Stauffiger: “I notice a lot of the trailers get
Agent Stauffiger informed Nelson that if the registered out of like Oklahoma,
service canine did not alert, Nelson would be free Kentucky? Why is that? Is it just
to go. While waiting approximately five to ten cheaper?”
minutes for the service canine to arrive, Agent Defendant: “Yeah.”
Stauffiger asked Nelson several questions. The “But it’s still registered out of
district court summarized the two-minute Houston?”
conversation based on the video recording from “Yeah.”
Agent Stauffiger’s body camera and the agent’s BPA Stauffiger: “I notice a lot of the major
recollections at the suppression hearing: companies do
it out of Oklahoma. Maine is another big
BPA Stauffiger: “How long you’ve been driving?” one. Nebraska. It’s rare that ya get a
Defendant: “Thirty-one years.” Texas-plated trailer.”
BPA Stauffiger: “How about for this company?” “Right.”
Defendant: “I just recently purchased this truck.”
BPA Stauffiger: “Is it registered to you?” Within a few minutes, BPA Frederick Irizarry
Defendant:“Yeah.” arrived with the service canine. It alerted on the
BPA Stauffiger: “How about the trailer, same trailer, at which point the BPAs searched it and
thing?” found approximately 72 kilograms of marijuana,
Defendant: Nods heads in an apparent ‘yes.’ packed in tightly wrapped bundles, consistent with
BPA Stauffiger: “How long ago did you purchase BPA Stauffiger’s assessment of the VACIS images.
the
trailer?” Nelson was charged with conspiracy to possess and
Defendant: “About a year.” possession with intent to distribute 50 kilograms
BPA Stauffiger: “Where did you get it from?” or more of marijuana.3 He moved to suppress his
Defendant: “Atlanta.” statements to Agent Stauffiger, contending that
BPA Stauffiger: “Is that where you’re from Stauffiger interrogated him without first giving
originally?” him Miranda warnings.
Defendant: “Nah, I’m from Houston.”
BPA Stauffiger: “Just got a better deal in Atlanta?” At the suppression hearing, the Government called
Defendant: “I saw it on Facebook. I jumped on it.” Agent Stauffiger as its only witness and submitted

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