United States v. Pena Ontiveros

AMENDED MEMORANDUM AND ORDER 1

RICHARD J. SULLIVAN, District Judge:

Defendants Carlos Peña Ontiveros and Silvestre Rico Beltran move for the suppression of (1) statements made by defendants at the scene of their arrest and while in custody on or about July 23, 2007; and (2) physical evidence recovered from the residence in which defendants were arrested and from the truck parked outside the residence. For the reasons stated below, defendants’ motions are granted in part and denied in part.

I. BACKGROUND

The indictment in this case charges defendants with conspiracy to distribute narcotics…