United States v. Garcia

976 F. Supp. 2d 856, 2013 WL 5526236, 2013 U.S. Dist. LEXIS 144495
CourtDistrict Court, N.D. Texas
DecidedOctober 7, 2013
DocketCriminal Action No. 3:13-CR-00013-L
StatusPublished
Cited by6 cases

This text of 976 F. Supp. 2d 856 (United States v. Garcia) is published on Counsel Stack Legal Research, covering District Court, N.D. Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Garcia, 976 F. Supp. 2d 856, 2013 WL 5526236, 2013 U.S. Dist. LEXIS 144495 (N.D. Tex. 2013).

Opinion

MEMORANDUM OPINION AND ORDER

SAM A. LINDSAY, District Judge.

Before the court is Defendant’s Motion to Suppress Evidence (Doc. 21), filed June 10, 2013. After carefully considering the motion to suppress, response, reply, briefing, evidence, applicable law, witness testimony, and oral arguments by the parties, the court grants Defendant’s Motion to Suppress Evidence (Doc. 21).

I. Factual and Procedural Background

In Defendant’s Motion to Suppress Evidence, Marcos Antonio Garcia (“Defendant” or “Garcia”) asks the court to suppress all evidence derived from and statements made as a result of the warrantless search of the pickup truck he was driving on March 6, 2012, on Interstate Highway 35 (“Interstate” or “Interstate 35”). Garcia contends that Texas Department of Public Safety Trooper Thomas Ladd (“Trooper Ladd”) did not have probable cause or reasonable suspicion to conclude that he had committed a traffic violation and unreasonably searched and seized the pickup truck he was driving when Trooper Ladd stopped him as he was traveling northbound on Interstate 35, a few miles north of Waco, Texas. Garcia further asserts that his consent to search did not cure the taint of the unconstitutional traffic stop.

11. Validity of Initial Traffic Stop

A. The Parties’ Contentions

The basis for the traffic stop, according to Trooper Ladd, was that Garcia was driving in the left lane of Interstate 35 without passing in violation of section 544.011 of the Texas Transportation Code. Garcia contends that driving in the left [860]*860lane of the highway without passing is not a traffic violation of the Texas Transportation Code, or any other Texas law, and that Trooper Ladd lacked articulable facts to support a reasonable suspicion that he had committed any offense. Garcia therefore contends that the stop violated the Fourth Amendment to the United States Constitution (“the Fourth Amendment”), and that all evidence obtained during the stop and seizure, including the methamphetamine found in the truck and any incriminating statements by him during the time he was detained, should be suppressed.

Garcia further asserts that, even assuming that driving in the left lane without passing is a violation of Texas law, he did not commit a traffic violation and Trooper Ladd did not follow him long enough to determine whether he had actually committed a traffic violation. Garcia contends driving in the left lane without passing is not immediately evident as are other traffic offenses such as driving without headlights, speeding, or running a red light or stop sign. He contends that determining whether the offense of driving in the left lane without passing has occurred requires a longer observation time than that required for the listed traffic violations. Garcia contends that Trooper Ladd observed him for only one mile, and, during that time, Garcia passed the Trooper and at least one other car and was in the process of passing a big rig truck when he was pulled over. Garcia also notes that Trooper Ladd witnessed at least 20 other vehicles driving in the left lane that, like Garcia, did not move into the right lane after passing his patrol car. Garcia therefore questions Trooper Ladd’s proffered justification for stopping him and contends that Trooper Ladd has not articulated any facts to support an objective suspicion that he passed and disregarded a “Left Lane for Passing Only” sign before being pulled over.

The Government counters that the evidence obtained as a result of the traffic stop is admissible because the stop that precipitated the search and discovery of more than 11 kilograms of methamphetamine drugs and other evidence was lawful and justified. According to the Government, Garcia only challenges the legality of the initial traffic stop and does not challenge the voluntariness of his incriminating statements or consent to search the vehicle or the scope of the search. The Government therefore contends that the only issue for the court to decide is whether the evidence obtained and Garcia’s incriminating statements should be suppressed as fruit of the poisonous tree based on his contention that they were obtained as a result of an illegal stop for a nonexistent traffic violation. The Government asserts that Garcia’s argument in this regard fails because driving in the left lane without passing where prohibited is a violation of Texas law. For support, the Government cites Texas Transportation Code sections 544.011, 544.004(a), 541.304(1), 542.301(a) and (b), and 542.401. In its responsive brief, the Government also relies on the following cases: United States v. Castro, 480 Fed.Appx. 782, 784 (5th Cir.2012) (unpublished); Abney v. State, 394 S.W.3d 542 (Tex.Crim.App.2013); and Baker v. State, 50 S.W.3d 143 (Tex.App.Eastland 2001, pet. ref'd).

The Government contends that the stop in this case was justified at its inception because Trooper Ladd had an objectively reasonable suspicion that illegal activity was occurring, that is, “that Garcia was driving in the left lane and not passing where prohibited after having passed a sign legibly indicating the same, in violation of Tex. Transp. Code § 544.01.” Government’s Resp. 7. The Government as[861]*861serts that Trooper Ladd first observed the truck driven by Garcia around mile marker 352 when Garcia passed him in the left lane of a two-lane stretch of highway on Interstate 35. According to the Government, once Garcia passed Trooper Ladd, Garcia drove in the left lane for approximately one mile and failed to move into the right lane even though he had the opportunity to do so. Having made this observation, Trooper Ladd “had ample specific, articulable facts that not only gave rise to a reasonable suspicion but also probable cause that Garcia had violated Section 544.011,” according to the Government. Id.

In addition, the Government maintains that Trooper Ladd had a reasonable basis to believe that Garcia was aware that driving in the left lane without passing was prohibited on this particular stretch of Interstate 35 because there are signs to this effect at mile markers 320, 326, and 347, which according to the Government, “Garcia passed no more than a mere 5 miles before he was pulled over.” Id. (citing Videotape at 49:43). The Government acknowledges that Trooper Ladd did not see Garcia pass any sign that prohibited driving in the left lane without passing. The Government nevertheless contends that it was reasonable for him to infer that Garcia had passed and seen the sign at marker 347 because it was only a short distance away.

The Government further asserts that Trooper Ladd was not required to actually witness Garcia passing a “Left Lane for Passing Only” sign because “[c]ourts have repeatedly sanctioned traffic stops for Section 544.011 violations where reasonable suspicion was based not on the officer seeing the defendant pass the sign, but rather, based on a reasonable inference that he passed it.” For support, the Government cites: Baker, 50 S.W.3d at 145; Mouton v. State, 101 S.W.3d 686, 690 (Tex.App.-Texarkana 2003, no pet.); and Green v. State, 93 S.W.3d 541, 545 (Tex.App.-Texarkana 2002, pet. ref'd).

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Bluebook (online)
976 F. Supp. 2d 856, 2013 WL 5526236, 2013 U.S. Dist. LEXIS 144495, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-garcia-txnd-2013.