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UNITED STATES v. JARAMILLO

January 14, 1994

UNITED STATES OF AMERICA,
v.
JAIRO JARAMILLO, Defendant.



The opinion of the court was delivered by: EUGENE H. NICKERSON

 NICKERSON, District Judge

 Defendant, indicted for knowingly and intentionally possessing with intent to distribute cocaine in violation of 21 U.S.C. ยง 841, has moved to suppress evidence found in his apartment as well as statements made by him.

 On April 21, 1993 Agent German Blanco of the Drug Enforcement Administration and four other such agents went to an apartment in Rego Park, Queens. They had information that the occupant was a drug dealer and that there were either drugs or money there. When Blanco knocked at the door defendant, speaking in Spanish, asked who it was. Blanco responded "police" and asked that the door be opened. Defendant complied. Blanco asked if the agents could come in. Defendant assented. When Blanco said that they were there because they had reason to believe there were drugs or money in the apartment, defendant said it was not his apartment and gave the agents permission to look around.

 Blanco then presented defendant with a so-called consent to search form in Spanish and asked defendant to read it and if he had no problem to sign it.

 Defendant read it. Blanco filled in defendant's name as the person giving consent, the location of the apartment, and the names of the agents to do the search. Then defendant signed it and at Blanco's request printed his name, date of birth, and address.

 The agents then searched the apartment and found eight brick-shaped packages of cocaine. Defendant denied they were his. Blanco then arrested defendant and searched him, finding a wallet, a pager, and several other items. Thereafter the agents continued the search, found a stack of money, a mobile telephone, a cellular telephone, and other documents.

 Blanco then read to defendant his Miranda rights in Spanish. Defendant said he understood and that he was willing to talk. He also signed a printed waiver of rights form in Spanish.

 Thereafter, at the Drug Enforcement Administration office in Manhattan defendant said that Gonzalez gave him for safe-keeping the money found in the closet of the master bedroom.

 At the court's request the court interpreter translated the so-called consent to search form. The pertinent portions of that translation read as follows.

 
Department of Justice, department against drugs, consent for search.
 
I, Jairo Jaramillo, it has been required of me that I give my consent to a search of my apartment situated at 64-34 102nd Street -- [something is illegible here], Forest Hills, New York, and I have been advised of my rights, constitutional rights, one, to refuse that consent; two, to demand that a search warrant be obtained before any search; three, that if I consent to a search any evidence found in result of that search may be and will be used against me in any proceeding, civil or criminal; four, I have the right to consult with an attorney that I choose before or during the search and; five, at any time I can withdraw the search before -- [something is illegible here].
 
After having been advised of my constitutional rights, I give knowing, intelligently and voluntarily waive my rights already previously mentioned and consent to a search and authorize -- [and this is written in pencil or pen] -- your agents, Blanco and K R U S K A L L, special agents of the department against drugs of ...

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