United States v. Benavides

291 F. App'x 603
CourtCourt of Appeals for the Fifth Circuit
DecidedAugust 27, 2008
Docket07-40326
StatusUnpublished
Cited by7 cases

This text of 291 F. App'x 603 (United States v. Benavides) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Benavides, 291 F. App'x 603 (5th Cir. 2008).

Opinions

E. GRADY JOLLY, Circuit Judge:

Orlando Benavides was arrested in Laredo, Texas when police found that he was transporting crates full of cocaine and marijuana. He moved the district court to suppress the drugs as evidence against him, arguing that the police had only discovered the contents of the crates by violating his Fourth Amendment rights. The district court denied Benavides’s motion and found him guilty after a brief bench trial. We REVERSE the district court’s denial of this motion, VACATE Benavides’s conviction and sentence, and REMAND for further proceedings not inconsistent with this opinion.

I.

On May 7, 2001, Joe Benavides, a member of the Laredo Multi-Agency Narcotics Task Force, received a tip from an anonymous caller.1 The caller reported that a pickup truck at a specific address was carrying large wooden crates and that two individuals were loading the crates with packages or bundles. The caller also provided a detailed description of the pickup truck, including its license plate number. The caller did not provide any information as to the possible contents of the bundles, and Benavides did not obtain any information about the caller’s location or source of knowledge.

[605]*605Benavides informed other officers on the task force about the tip and began to drive toward the address reported by the anonymous caller. While en route, he passed a truck matching the description provided by the tip and followed it in his unmarked vehicle. Benavides also informed responding task force members over radio that the truck was no longer at the reported address.

The task force coordinated with the Laredo Police Department in order to initiate a traffic stop on the truck, although at the time the truck had committed no traffic violation. A general alert regarding the truck was sent out over radio, and Officer Roland San Miguel, who was on patrol with a canine in his unit, responded. Officer San Miguel passed the truck while the truck was heading in the opposite direction, turned around, and approached the truck from the rear. The truck moved onto the improved shoulder of the road. Officer San Miguel turned on his emergency lights and initiated a traffic stop. The driver of the truck, Oscar Benavides, exited the truck, and Officer San Miguel informed him that he had been pulled over for driving on the shoulder of the road. Officer San Miguel then told Benavides that he was suspected of drug transportation. No traffic citation was ever issued.

Members of the task force arrived shortly after Officer San Miguel initiated the traffic stop. The investigators questioned Benavides about the contents of the crates in his truck, and Benavides told them that the crates contained motor parts. Benavides also confirmed the address given by the anonymous caller. After a disputed amount of time, the investigators presented Benavides with a search consent form, which he signed. Officer San Miguel’s drug dog then alerted to the presence of drugs in the crates. The officers opened the crates and discovered 105 kilograms of cocaine and 318 kilograms of marijuana contained in bags in the crates.

Benavides was subsequently charged with conspiracy to possess and distribute controlled substances. He attempted to suppress the evidence acquired at the traffic stop, arguing that his Fourth Amendment rights were violated because he was stopped without probable cause and he did not voluntarily give his consent to be searched. The district court found that the anonymous tip provided probable cause to stop the vehicle and that consent was voluntarily given. The district court did not rely on Benavides’s putative traffic violation as a basis for its decision. His motion to suppress denied, Benavides proceeded to a bench trial on stipulated facts and was found guilty. He now appeals, arguing that the district court erred in its denial of his motion to suppress.

II.

A.

On appeal, “we review the district court’s factual findings for clear error and its legal conclusions de novo. For our review, we may consider all of the evidence presented at trial, not just that presented before the ruling on the suppression motion, in the light most favorable to the prevailing party, which in this case is the Government.” United States v. Ibarra, 493 F.3d 526, 530 (5th Cir.2007) (internal citation omitted).

B.

We begin our analysis with the stop of Benavides’s vehicle. “The Fourth Amendment prohibits unreasonable searches and seizures. There is no question but that the stopping of a vehicle and the detention of its occupants is a ‘seizure’ within the meaning of the Fourth Amendment.” United States v. Shabazz, 993 [606]*606F.2d 431, 434 (5th Cir.1993). As such, “searches and seizures of motorists who are merely suspected of criminal activity are to be analyzed under the framework established in Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968).” Shabazz, 993 F.2d at 434 (emphasis in original). That framework permits “[a]n investigative vehicle stop ... only when the officer has a reasonable suspicion supported by articulable facts that criminal activity may be afoot.” United States v. Jaquez, 421 F.3d 338, 340 (5th Cir.2005) (internal quotation marks omitted). The government bears the burden of showing the “minimal level of objective justification” for a warrantless seizure. See id.

Here, the Government relies on the anonymous tip as the basis for the reasonable suspicion justifying Benavides’s seizure. An anonymous tip can provide such reasonable suspicion, so long as it is reasonable “in light of the ‘totality of the circumstances.’ ” See United States v. Bolden, 508 F.3d 204, 206 n. 2 (5th Cir. 2007) (quoting United States v. Hernandez, 477 F.3d 210, 214 (5th Cir.2007)). But, crucially, an anonymous tip must “be reliable in its assertion of illegality, not just in its tendency to identify a determinate person.” Florida v. J.L., 529 U.S. 266, 272, 120 S.Ct. 1375, 146 L.Ed.2d 254 (2000).

The anonymous tip that Joe Benavides received alleged no criminal activity. It merely described the truck, the truck’s location, and the fact that the truck was being loaded with unknown cargo. Although the government relies heavily on the specificity and accuracy of the tip, it can point to no specific assertion of illegality, much less a verifiable assertion of illegality. The only further articulation of reasonable suspicion made by Benavides was that the area in which the truck was loaded was not a warehouse district. Thus, the facts alleged by the government to support its claim of reasonable suspicion show that Oscar Benavides and another man put unidentified bundles into crates and carried out these activities at an address that was not located in a warehouse district.2 The tip alone therefore alleges only identifying information, insufficient under J.L. for a finding of reasonable suspicion. See 529 U.S. at 271-72, 120 S.Ct.

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291 F. App'x 603, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-benavides-ca5-2008.