Judge Paul Crotty
A July 2012, indictment charged Montiel’s violation of federal narcotic laws. In June DEA agents arrested Montiel and conducted a warrantless search of his residence, finding narcotics and other contraband. Later that day agents interviewed Montiel at the DEA’s offices, during which Montiel made incriminating statements. In addition to refusing to exclude a special agent’s testimony as a sanction for the government’s failure to preserve handwritten notes taken in connection with his arrest, the court denied Montiel suppression of the seized items, and his statements. Under the “totality of circumstances” Montiel voluntarily consented to the warrantless search. By conditioning his consent on his presence, Montiel appeared to understand that he exercised some control. Crediting agents’ testimony, the court determined that Montiel had been informed of his Miranda rights at the DEA’s office and waived those rights by making an uncoerced statement in the absence of an inappropriate two-step interrogation strategy. Two pre-Miranda questions whether drugs found at the apartment were Montiel’s and which bedroom was his did not amount to the kind of interrogation at the heart of the prohibition against a two-step interrogation strategy.
