United States v. Guerrero-Espinoza

462 F.3d 1302, 2006 U.S. App. LEXIS 23579, 2006 WL 2642135
CourtCourt of Appeals for the Tenth Circuit
DecidedSeptember 15, 2006
Docket05-8031
StatusPublished
Cited by38 cases

This text of 462 F.3d 1302 (United States v. Guerrero-Espinoza) 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. Guerrero-Espinoza, 462 F.3d 1302, 2006 U.S. App. LEXIS 23579, 2006 WL 2642135 (10th Cir. 2006).

Opinions

EBEL, Circuit Judge.

In this direct criminal appeal, Defendant-Appellant Antonio Guerrero-Espinoza (“Guerrero”) asserts that the district court erred in denying his motion to suppress illegal drugs discovered in his minivan by a Wyoming state trooper during a traffic stop. At the time the trooper stopped the minivan for speeding, Guerrero, the minivan’s registered owner, was riding as a passenger and another individual was driving. The trooper took the driver to the trooper’s patrol car and eventually completed the traffic stop when he returned the driver’s license, issued the driver a warning, and let him out of the [1304]*1304patrol car. Since the traffic stop had ended, the trooper no longer had authority to detain Guerrero or the driver further. Before the driver returned to the minivan, however, the trooper reinitiated contact with him and then with Guerrero, questioning them about their travel plans and the possible presence of drugs in the minivan. The Government asserts that Guerrero consented to this further detention and questioning. While a completed traffic stop can evolve into a consensual encounter between a citizen and a trooper, it can only do so if a reasonable person in the same circumstances would feel free to decline to answer the trooper’s questions and leave. In this case, however, because the trooper completed the traffic stop outside Guerrero’s presence and because the released driver never returned to the minivan, a reasonable person in Guerrero’s position would not have realized the traffic stop had ended and he was free to leave. Therefore, as far as Guerrero was concerned, the traffic stop did not evolve into a consensual encounter. For these reasons, we REMAND this case to the district court with orders to VACATE Guerrero’s convictions.

I. BACKGROUND.

A jury convicted Guerrero of three drug charges: possessing 1) more than 500 grams of cocaine and 2) approximately twenty pounds of marijuana, with the intent to distribute both, in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(B) and (D); and 3) conspiring to possess those amounts of cocaine and marijuana, with the intent to distribute, in violation of 21 U.S.C. §§ 841(a)(1), (b)(1)(B) and (D), 846.1 The district court sentenced Guerrero to seventy months on each of counts one and three, and sixty months on count two, all to run concurrently. Guerrero now appeals, challenging his convictions and sentence.

On appeal, Guerrero argues the district court 1) erred in denying his motion to suppress the state trooper’s discovery of the drugs; 2) denied Guerrero his Sixth Amendment right to confront witnesses when the court allowed the Government to present hearsay evidence of statements the van’s driver and Guerrero’s wife made during the traffic stop, and between Guerrero and his wife; and 3) abused its discretion in permitting a state trooper to testify to a recorded conversation between Guerrero and his wife that occurred in the back of a patrol car. Guerrero further argues that 4) the statutory mandatory minimum sentence that applied to two of his convictions was unconstitutional. Because we conclude the district court erred in denying Guerrero’s motion to suppress, we do not address Guerrero’s other issues. Having jurisdiction to consider this appeal under 18 U.S.C. § 3742(a) and 28 U.S.C. § 1291, therefore, we REMAND this case to the district court with instructions to VACATE Guerrero’s convictions.

[1305]*1305II. STANDARD OF REVIEW

“When reviewing a district court’s denial of a motion to suppress, we view the evidence in the light most favorable to the government, accepting the district court’s factual findings unless clearly erroneous. Fourth amendment reasonableness is reviewed de novo.” United States v. Gregoire, 425 F.3d 872, 875 (10th Cir.2005) (citation omitted). The Government bears the burden of demonstrating reasonableness. See United States v. Herrera, 444 F.3d 1238, 1242 (10th Cir.2006).

III. DISCUSSION

A. Relevant Facts.

Viewing the evidence2 in the light most favorable to the government, see id., the evidence presented at the pretrial suppression hearing established the following: On October 19, 2003, a state trooper, Benjamin Peech, stopped a white minivan with a Mississippi license plate that was travel-ling eastbound on Interstate 80 just east of Cheyenne, Wyoming. The trooper’s radar gun indicated that the minivan was travel-ling eighty-four miles per hour, in excess of the posted seventy-five-miles-per-hour speed limit. The minivan’s occupants included Alfredo Anguiano-Cipres (“Ciprés” or “the driver”), Guerrero,3 and Guerrero’s wife, Edelmira Hernandez-Maneilla (“Hernandez”).

The trooper stopped the van at 8:06 a.m. He approached the driver, Ciprés, and asked for his driver’s license, the vehicle’s registration, and proof of insurance. Because Ciprés did not speak English very well, the trooper spoke to Ciprés in Spanish. Ciprés produced a California driver’s license.

At this same time, Guerrero, the minivan’s owner who was sitting in the front passenger seat, was going through a stack of papers he had retrieved from the glove box, apparently looking for the vehicle’s registration. The trooper offered to help Guerrero find the registration and Guerrero agreed, handing Trooper Peech this entire stack of papers. The trooper took the stack of papers back to his patrol car, accompanied by Ciprés.

While sitting in his patrol car with Ciprés, the trooper wrote Ciprés a warning for speeding. The trooper also eventually located the vehicle’s registration in the stack of documents Guerrero had given him — the van was registered in Mississippi to Guerrero. The trooper, however, was unable to locate any indication that the minivan was insured. Trooper Peech gave Ciprés the warning and handed him back his driver’s license, but indicated to Ciprés that the trooper had to speak further with Guerrero about the vehicle’s insurance. Ciprés remained in the patrol car. Trooper Peech testified that Ciprés was not free to leave the patrol car at that time.

Leaving Ciprés in the patrol car, Trooper Peech went to the passenger side of the minivan to verify with Guerrero that he was the van’s owner and to ask him about the van’s insurance. This occurred at 8:16 a.m. The trooper spoke with Guerrero in both Spanish and English after Guerrero indicated that he could speak English pretty well. Guerrero acknowledged that he owned the van and told the trooper that: he had been in Mexico for the past three months; during that time he had left the van with his brother; and the brother was supposed to pay the insurance on the van. [1306]*1306Guerrero never produced any proof of insurance.4

Trooper Peech gave Guerrero back the stack of papers taken from the minivan’s glove compartment, including the vehicle’s registration, and then returned to his patrol car.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

United States v. Gomez-Arzate
981 F.3d 832 (Tenth Circuit, 2020)
Bryan Robinson v. The State of Wyoming
2019 WY 125 (Wyoming Supreme Court, 2019)
Kennison v. State
417 P.3d 146 (Wyoming Supreme Court, 2018)
United States v. Hughart
645 F. App'x 678 (Tenth Circuit, 2016)
United States v. Gonzalez
121 F. Supp. 3d 1094 (D. New Mexico, 2015)
United States v. Pettit
785 F.3d 1374 (Tenth Circuit, 2015)
United States v. Mendoza-Trujillo
46 F. Supp. 3d 1204 (D. Utah, 2014)
Felders v. Bairett
885 F. Supp. 2d 1191 (D. Utah, 2012)
United States v. Flores-Olmos
438 F. App'x 713 (Tenth Circuit, 2011)
United States v. Burleson
657 F.3d 1040 (Tenth Circuit, 2011)
United States v. Chavez
429 F. App'x 807 (Tenth Circuit, 2011)
United States v. Davis
636 F.3d 1281 (Tenth Circuit, 2011)
State v. Leyva
2011 NMSC 9 (New Mexico Supreme Court, 2011)
State v. Moralez
242 P.3d 223 (Court of Appeals of Kansas, 2010)
State v. Jenkins
3 A.3d 806 (Supreme Court of Connecticut, 2010)
United States v. Pena-Montes
589 F.3d 1048 (Tenth Circuit, 2009)
United States v. Marquez-Diaz
325 F. App'x 637 (Tenth Circuit, 2009)
United States v. $572,204 in US Currency, More or Less
606 F. Supp. 2d 153 (D. Massachusetts, 2009)
United States v. Turner
553 F.3d 1337 (Tenth Circuit, 2009)
State v. Smith
184 P.3d 890 (Supreme Court of Kansas, 2008)

Cite This Page — Counsel Stack

Bluebook (online)
462 F.3d 1302, 2006 U.S. App. LEXIS 23579, 2006 WL 2642135, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-guerrero-espinoza-ca10-2006.