United States v. Betances

650 F. App'x 615
CourtCourt of Appeals for the Tenth Circuit
DecidedMay 26, 2016
Docket15-2106
StatusUnpublished

This text of 650 F. App'x 615 (United States v. Betances) is published on Counsel Stack Legal Research, covering Court of Appeals for the Tenth 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. Betances, 650 F. App'x 615 (10th Cir. 2016).

Opinion

ORDER AND JUDGMENT *

Nancy L. Moritz, Circuit Judge

Oscar Betances appeals the district court’s denial of his motion to suppress incriminating statements and evidence that law enforcement obtained during a traffic stop. Because a reasonable suspicion justified the stop, we affirm.

Background

Betances entered the United States at the Antelope Wells border crossing in the Bootheel region of New Mexico. There, border patrol agents searched his blue convertible Chrysler Sebring — a vehicle uncommon in the Bootheel region— cheeked its registration, and ran Betances’ criminal history. The agents ultimately allowed Betances to enter the United States. But they notified other agents in the area that they were suspicious of Betances given his travel route and his criminal history of drug possession.

Betances traveled north from Antelope Wells on Highway 81, a well-known drug trafficking route. Anticipating Betances’ likely movements, Border Patrol Agent Julian Rodriguez positioned his vehicle at the intersection of Interstate 10 and Highway 146. However, when agents tailing Betances radioed Rodriguez and informed him that Betances had turned west on Highway 9 before heading north again on Highway 113, Rodriguez repositioned himself at the intersection of I — 10 and Highway 113. Rodriguez waited at the intersection for Betances, parking his vehicle on the side of the road, about ten feet away from where Betances’ vehicle would pass.

As Betances approached the intersection, he slowed his vehicle to 10-20 miles *617 per hour and passed Rodriguez while staring straight ahead-and keeping both hands on the steering wheel. Rodriguez thought this behavior was odd, testifying that drivers in the Bootheel region typically turn their heads to look at him when they pass.

But Betances’ behavior wasn’t the only thing that struck Rodriguez as suspicious. As Betances passed, Rodriguez also observed “a large, dark and square-looking-object” with “something colorful on top” in Betances’ backseat. R. vol. 3,15-16. Rodriguez immediately believed the object was a marijuana bundle with colorful straps— one of “easily over a thousand” such bundles Rodriguez has seen during his six years as a border patrol agent. Id. at 16. Rodriguez explained that one to two times a week his border patrol station apprehends smugglers who bring marijuana into the United States by backpacking bundles of marijuana across the border and leaving them near highways in south New'Mexico — including Highway 81 — so that someone in a vehicle can later retrieve them and transport them north. Rodriguez found it significant that the bundle in Be-tanees’ vehicle had “something colorful on top” because bright colors are “consistent with the straps that [drug smugglers] use on the burlap bundles.” Id.

Rodriguez grew even more suspicious when Betances turned east on 1-10 just minutes after turning to travel west on Highway 9. Rodriguez explained that there is a more direct route to eastbound I — 10 than the one Betances took — namely, continuing north on Highway 146 from High-. way 81. Instead, by traveling west on Highway 9 arid north on Highway 113, only to ultimately turn east again on 1-10, Betances. added about 30 miles of unnecessary travel to his route. Rodriguez further testified that just the week before, authorities had successfully intercepted a drug-trafficking operation at a checkpoint along Highway 146. Thus, Rodriguez suspected that Betances’ circuitous rohte may have been an attempt to avoid Highway 146 (and a potential drug checkpoint) altogether.

Rodriguez- followed and ultimately stopped Betances. During his ensuing search of the vehicle, Rodriguez discovered 72.12 kilograms of marijuana in what turned out to be a black burlap bundle with yellow and white straps sitting in the backseat. Rodriguez asked Betances about the bundle, -and Betances admitted that he picked it up along Highway 81 after crossing the border.

After the government charged Betances with various marijuana-related offenses, Betances moved to suppress the marijuana and his statement, alleging the stop violated his Fourth Amendment rights. Following an evidentiary hearing, the district court denied Betances’ motion, concluding that Rodriguez reasonably suspected Be-tances of involvement in drug trafficking. Betances entered a conditional guilty plea and later appealed the district court’s denial of his motion to suppress.

Discussion

Betances argues that the district court erred in denying his motion to suppress because the vehicle stop violated his Fourth Amendment rights. When reviewing a district court’s denial of a motion to suppress, we review the court’s factual findings for-clear error — viewing the evidence in a light most favorable to the government — and review the court’s ultimate determination of the search’s reasonableness de novo. United States v. Garcia, 751 F.3d 1139, 1142 (10th Cir. 2014).

An officer’s investigatory stop of a vehicle satisfies the Fourth Amendment “if the officer’s action is supported by reasonable suspicion to believe that criminal activity ‘may be afoot.’ ” United States v. Arvizu, *618 534 U.S. 266, 273, 122 S.Ct. 744, 151 L.Ed.2d 740 (2002) (quoting United States v. Sokolow, 490 U.S. 1, 7, 109 S.Ct. 1581, 104 L.Ed.2d 1 (1989)). In determining whether reasonable suspicions exists, we ask whether — under the totality of the circumstances — there exists “a particularized and objective basis for suspecting the particular person stopped of criminal activity.” Navarette v. California, — U.S. -, 134 act 1683, 1687, 188 L.Ed.2d 680 (2014) (quoting United States v. Cortez, 449 U.S. 411, 417-18, 101 S.Ct. 690, 66 L.Ed.2d 621 (1981)). This totality-of-the-circumstances approach “allows officers to draw on their own experience and specialized training to make inferences from and deductions about the cumulative information available to them that ‘might well elude an untrained person.’ ” Arvizu, 534 U.S. at 273, 122 S.Ct. 744 (quoting Cortez, 449 U.S. at 417-18, 101 S.Ct. 690). Finally, although reasonable suspicion requires more than a mere hunch, “the likelihood of criminal activity need not rise to the level required for probable cause, and it falls considerably short of satisfying a preponderance of the evidence standard.” Id. at 274, 122 S.Ct. 744.

Here, the record establishes that the Bootheel region is well-known for drug trafficking — particularly trafficking involving black, burlap bundles with brightly colored straps. Rodriguez has observed “easily over a thousand” of these bundles during his six years as a border patrol agent. R. vol. 3, 16. And he observed just such a bundle in the backseat of Betances’ vehicle from a distance of approximately 10 feet, all while Betances stared straight ahead and kept both hands on the wheel.

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Related

United States v. Cortez
449 U.S. 411 (Supreme Court, 1981)
United States v. Sokolow
490 U.S. 1 (Supreme Court, 1989)
United States v. Arvizu
534 U.S. 266 (Supreme Court, 2002)
Prado Navarette v. California
134 S. Ct. 1683 (Supreme Court, 2014)
United States v. Garcia
751 F.3d 1139 (Tenth Circuit, 2014)

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Bluebook (online)
650 F. App'x 615, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-betances-ca10-2016.