People v. Arebalos-Cabrera

238 Cal. Rptr. 3d 103, 27 Cal. App. 5th 179
CourtCalifornia Court of Appeal, 5th District
DecidedSeptember 14, 2018
DocketD074047
StatusPublished
Cited by6 cases

This text of 238 Cal. Rptr. 3d 103 (People v. Arebalos-Cabrera) is published on Counsel Stack Legal Research, covering California Court of Appeal, 5th District primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Arebalos-Cabrera, 238 Cal. Rptr. 3d 103, 27 Cal. App. 5th 179 (Cal. Ct. App. 2018).

Opinion

GUERRERO, J.

*107*182Following a hung jury and mistrial, a second jury convicted Jorge Arebalos-Cabrera of transporting over 10 kilograms of heroin ( Health & Saf. Code, §§ 11352, subd. (a), 11370.4, subd. (a)(3) ), transporting over four kilograms of methamphetamine (id ., §§ 11379, subd. (a), 11370.4, subd. (b)(2)), and using a false compartment (id ., § 11366.8, subd. (a)). The trial court sentenced him to a total term of 17 years four months in prison.

Arebalos appeals. He contends the trial court erred by denying his motion to suppress evidence found during a search of his tractor-trailer and by denying his second motion to suppress on jurisdictional grounds. We disagree and affirm.

FACTS

For purposes of this section, we state the evidence in the light most favorable to the judgment. (See People v. Osband (1996) 13 Cal.4th 622, 690, 55 Cal.Rptr.2d 26, 919 P.2d 640 ; People v. Dawkins (2014) 230 Cal.App.4th 991, 994, 179 Cal.Rptr.3d 101.) Additional facts will be discussed where relevant in the following section.

Arebalos was with a group of individuals being surveilled by law enforcement as part of a multiagency regional narcotics suppression program. On August 24, 2012, after observing what they believed to be suspicious behavior indicative of narcotics trafficking, police officers contacted the California Highway Patrol (CHP) and identified Arebalos's tractor-trailer as possibly transporting narcotics.

A CHP officer, Roberto Adelmann, made contact with Arebalos's tractor-trailer on a freeway near Barstow. Adelmann was part of a special enforcement unit focused on drug interdiction. He was accompanied by a police dog trained to detect narcotics. At trial, Adelmann explained that when another *183agency identifies a vehicle to him, he watches the vehicle to see whether there is a reason to pull it over. If he sees a reason, he will make the traffic stop. If not, he will either let the vehicle go or call the agency to see if they have a basis for any other action.

In this instance, Adelmann observed Arebalos speeding and weaving across the white lane lines. He stopped Arebalos for these violations. During the stop, Adelmann checked Arebalos's license, registration, commercial logbook, and the paperwork for his trip. The tractor (commonly known as the "cab") was registered to Arebalos. His logbook showed no trips for almost a month. Adelmann believed this was unusual. Adelmann performed a field sobriety test on Arebalos, but he did not find any signs of impairment.

Adelmann gave Arebalos's documents back and asked for his consent to search the tractor. Arebalos agreed, both verbally and in writing. After examining the tractor with his police dog, Adelmann discovered two secret compartments. Both compartments had been modified to transport narcotics. One was empty. The other contained over 10 kilograms of heroin and *108over four kilograms of methamphetamine in wrapped packages. Arebalos was arrested. On the night of his arrest, he admitted to police that he was the sole owner of the tractor and he never lent it to anyone. At trial, Adelmann and another police officer opined that narcotics traffickers would not entrust such a large amount of narcotics-with a total value of roughly $500,000-to someone who did not know it was there.

Arebalos testified in his own defense. He said he worked as an independent truck driver and found jobs through brokers online. He said he did not own the tractor, did not know it was registered to him, and had not seen it for several weeks. He claimed not to know about the narcotics or the secret compartment in which they were found. He said he believed he was transporting cereal to Ohio.

DISCUSSION

I

Initial Motion to Suppress

A. Additional Background

Arebalos contends the trial court erred by denying his motion to suppress evidence found as a result of Adelmann's search of the tractor-trailer. Before his first trial, Arebalos moved to suppress the evidence under Penal Code section 1538.5 ( section 1538.5 ). He primarily argued (1) he had been illegally *184detained at the time he gave consent because the traffic stop had been unconstitutionally extended by Adelmann's investigation into matters unrelated to the stop and (2) his consent was involuntary.

At the suppression hearing, Adelmann testified about the circumstances of the traffic stop. After confirming Adelmann was on duty on the day in question, the prosecutor asked, "And around 10:00 p.m., did you notice a big rig that caught your attention?" Adelmann answered, "Yes, sir." The prosecutor: "What caught your attention about it?" Adelmann: "The truck-the big rig truck and trailer rotation was weaving as well as speeding." Adelmann explained that the tractor-trailer was travelling approximately 62 miles per hour, and the speed limit was 55 miles per hour for a tractor-trailer in that area. He said the tractor-trailer crossed the white lane lines approximately three times.

Adelmann initiated a traffic stop of the tractor-trailer driven by Arebalos. Arebalos complied and pulled to the side of the freeway. At the outset of the stop, Adelmann asked Arebalos for his driver's license, logbook, and paperwork for the trip. Arebalos complied. After asking him to step out of the cab, Adelmann talked with Arebalos about his logbook, which did not show any trips for about a month. Adelmann thought this was unusual. During this conversation, Arebalos appeared nervous. At some point, approximately five to 10 minutes into the stop, Adelmann's partner officer arrived in a second CHP vehicle. Adelmann had him run a check on Arebalos's driver's license and the tractor-trailer. Adelmann performed a field sobriety test, but Arebalos did not appear impaired.

While his partner officer was running the check, Adelmann handed back Arebalos's documents and told him he was free to leave. Arebalos began to walk back to the tractor-trailer. Adelmann then asked and obtained Arebalos's consent to search, both orally and in writing. The stop had lasted approximately 15 to 20 minutes at that point. Adelmann examined the tractor with his police dog and eventually discovered the narcotics hidden there.

On cross-examination, defense counsel asked, "Had you been notified prior to the stopping of this vehicle that this vehicle was carrying contraband?" The prosecutor *109objected based on relevance.

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Cite This Page — Counsel Stack

Bluebook (online)
238 Cal. Rptr. 3d 103, 27 Cal. App. 5th 179, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-arebalos-cabrera-calctapp5d-2018.