United States v. Chacon

330 F.3d 323, 2003 WL 2003812
CourtCourt of Appeals for the Fifth Circuit
DecidedJune 16, 2003
Docket01-50858
StatusPublished
Cited by10 cases

This text of 330 F.3d 323 (United States v. Chacon) 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. Chacon, 330 F.3d 323, 2003 WL 2003812 (5th Cir. 2003).

Opinions

EDITH H. JONES, Circuit Judge:

After appellant Chacon conditionally pled guilty to possession with intent to distribute less than 50 kilograms of marijuana following the denial of his motion to suppress evidence, he was sentenced inter alia to ten months of imprisonment. On appeal, he challenges the district court’s denial of his motion to suppress evidence. Although this case appears to be distinguishable from the court’s recent decision in United States v. Portillo-Aguirre, 311 F.3d 647 (5th Cir.2002), we must remand for further findings to ascertain, inter alia, whether the Border Patrol officer had not completed his immigration inspection when, on his way out of the bus, he stopped and asked Chacon and his companion some questions.

[325]*325At the evidentiary hearing concerning the motion to suppress, Senior United States Border Patrol Agent Jay Woodruff, a five-year veteran of the Border Patrol, testified generally concerning the legendary Sierra Blanca, Texas, immigration checkpoint. The checkpoint is located on IH-10 approximately 87 miles east of El Paso, Texas and only six or seven miles from the Rio Grande River. The Sierra Blanca checkpoint is a permanent steel structure with primary and secondary inspection areas. It is open 24 hours a day, and each vehicle receives some inspection unless there is bad weather or unusual traffic congestion. Approximately three hundred arrests are made for immigration violations and approximately 25 to 30 arrests are made for narcotics violations at the checkpoint each month.

More than a dozen buses a day pass through the checkpoint. All buses stop in the secondary inspection area so that agents can check the immigration status of the passengers and perform an inspection of the bus for narcotics. The bus driver unlocks the lower luggage bin for canine inspection of the luggage. Agents spend about five minutes, on average, checking the occupants of a bus at the checkpoint. Agent Woodruff generally boards a bus, identifies himself, and asks the passengers to have their identification, passports, or visas ready if they are not United States citizens. In addition to talking with the passengers while he checks their citizenship, he observes their behavior to determine whether they are concealing anything and how they feel about his presence on the bus. After checking the passengers’ immigration status, the agents usually check the bathroom for narcotics. On the way back to the front of the bus, Agent Woodruff sometimes will talk to passengers and look into matters which may have attracted his attention or aroused his suspicion. Agent Woodruff testified that sometimes he makes an incorrect decision concerning citizenship and, after speaking to the passenger again, his suspicion is allayed. Agent Woodruff also observes the luggage under the seats as he is walking from the back to the front of the bus.

On November 6, 2000, at approximately 10:15 p.m., an Americanos bus that originated in El Paso arrived at the checkpoint. When the bus stopped at the secondary inspection area, Agent Woodruff went aboard, introduced himself, and asked everyone to present personal identification. There were only a few passengers on the bus. Julio Carrillo, a juvenile, and Chacon were sitting together about half way down the aisle. Carrillo was sitting in the aisle seat, and Chacon was sitting in the window seat. When Agent Woodruff asked them about their citizenship, they spoke English and responded that they were U.S. citizens. Agent Woodruff testified that they did not respond with a simple “yes,” and it seemed that the question concerning their citizenship was confusing to them, but “[t]hey both established to me that they were U.S. citizens.” Agent Woodruff then inspected the bathroom for hidden narcotics.

As he proceeded back down the aisle, Agent Woodruff testified, he was trying to figure out why the conversation with Carrillo and Chacon was awkward, and he returned to ask them a few additional questions to determine whether they were concealing something or whether he had made a wrong decision concerning their citizenship. He further stated, “I figured before I asked for consent of the bags [sic], I’ll talk to them a little while longer and establish maybe a little more suspicion.” On cross-examination, Chacon’s lawyer tried to establish that Woodruff had completed his immigration questioning and was at this point suspicious only of drug trafficking. Woodruff, however, de[326]*326nied this implication, stating twice that he was still also wondering if he had made a wrong decision on immigration.1

In response to Agent Woodruffs question, Carrillo gestured toward Chacon and stated that they were traveling from El Paso to Dallas, Texas. Chacon verified that he was traveling with Carrillo. Agent Woodruff then asked if they had any luggage. Chacon stated that he had some bags containing clothes in the lower luggage compartment.

Carrillo stated that he had bags under his seat and under Chacon’s seat. Agent Woodruff asked if he could see inside of the bags, and Carrillo consented and pulled out the bags. Carrillo stated that the bags contained clothes. Agent Wood-ruff testified that the bags felt heavier than bags containing just clothes; when he moved a shirt, a tape-wrapped bundle fell out of the shirt. Agent Woodruff asked Chacon what the bundle was, and Chacon just shrugged. Making a small incision in the bundle with his knife, the agent found marijuana. Carrillo and Chacon were escorted off of the bus with their bags. Agent Woodruff discovered about nine pounds of marijuana in four bundles in Carrillo’s bags. He arrested both Carrillo and Chacon.

Border Patrol Agent David Guajardo testified Chacon was interviewed by Border Patrol Agent Mayfield. Chacon admitted that he knew the marijuana was in the bags, and that he had made arrangements with a man named Panzas in Dallas to sell the marijuana for $400 a pound.

DISCUSSION

Chacon asserts that the district court erred in denying his motion to suppress the evidence and the statements he made following his arrest. He contends that after Agent Woodruff initially questioned him and Carrillo concerning their citizenship, the agent did not have reasonable suspicion to extend Chacon’s detention with further questioning. Chacon also argues that the agent did not have probable cause to arrest him merely because he was traveling with Carrillo, who had marijuana hidden in his carry-on luggage.

When analyzing a ruling on a motion to suppress, this court reviews questions of law de novo and findings of fact for clear error. United States v. Castro, 166 F.3d 728, 731 (5th Cir.1999) (en banc). Moreover, this court may uphold the denial of a motion to suppress if there is any reasonable view of the evidence to support it. United States v. Gonzalez, 190 F.3d 668, 671 (5th Cir.1999).

Border Patrol agents stationed at a permanent checkpoint may stop a vehicle, question its occupants about citizenship, and conduct a visual inspection of the vehicle without any individualized suspicion that the vehicle or its occupants is involved in a crime. United States v. Martinez-Fuerte, 428 U.S. 543, 556-62, 96 S.Ct.

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United States v. Chacon
330 F.3d 323 (Fifth Circuit, 2003)

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Bluebook (online)
330 F.3d 323, 2003 WL 2003812, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-chacon-ca5-2003.