United States v. Ignacio Zavala

459 F. App'x 429
CourtCourt of Appeals for the Fifth Circuit
DecidedJanuary 31, 2012
Docket10-41099
StatusUnpublished
Cited by4 cases

This text of 459 F. App'x 429 (United States v. Ignacio Zavala) 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. Ignacio Zavala, 459 F. App'x 429 (5th Cir. 2012).

Opinions

W. EUGENE DAVIS, Circuit Judge.

Ignacio Zavala was indicted in a two count indictment with (1) conspiracy to possess more than 500 grams of cocaine with intent to distribute and (2) possession of more than 500 grams of cocaine with intent to distribute. Zavala filed a motion to suppress evidence which the district court denied after conducting an evidentia-ry hearing. With the consent of the government and the approval of the district court, Zavala then entered a conditional plea of guilty to Count 2 of the indictment reserving his right to appeal the adverse ruling on his motion to suppress. We conclude that the district court erred in denying the motion to suppress and vacate the conviction.

I.

At 9:00 PM on February 21, 2009, Trooper Sam Montalvo of the Texas Department of Public Safety (“Montalvo”) observed Defendant Ignacio Zavala (“Defendant” or “Zavala”) driving on Highway 281 in Southern Texas. He saw that the vehicle Zavala was driving had an obscured license plate, a violation of the Texas Transportation Code. Prior to stopping the vehicle, Montalvo ascertained the license [431]*431plate came from Illinois, and his original check indicated its registration was expired. Montalvo later determined that the vehicle’s registration was valid and that the confusion resulted from a misreading of the Illinois registration.1 Montalvo testified that after he stopped the vehicle he conducted a visible safety inspection of the vehicle and found no obvious evidence of unsafe equipment or drugs. He also said that once he engaged Zavala he noticed that Zavala — who was traveling alone— had “shifty” movements and appeared tense and sweaty.

Montalvo told Zavala the reason for the stop, and Zavala agreed after looking at the license plate that it was obscured by a plastic frame. Zavala volunteered that he had used a friend’s vehicle to bring family members from Illinois to McAllen for a wedding. Zavala could not produce his driver’s license, though he did furnish Montalvo an Illinois state identification card. He stated that he had stayed at a Motel 6 the night before but had overslept, missing the 12:00 checkout time, and he speculated he may have left his license at the hotel. Montalvo found it unusual that Zavala would' provide information about his trip without prompting. Montalvo asked for a copy of the motel receipt, which did not reflect an additional charge for an overstay. Zavala claimed he had paid the extra charge in cash.

Montalvo told Zavala to sit in the passenger seat of the police cruiser while Montalvo conducted his investigation. He was not restrained and the doors were not locked. At Montalvo’s prompting, Zavala retrieved his cell phone from his car to call the hotel about his missing driver’s license. Using Zavala’s state identification card, Montalvo was able to check on Zavala’s driver’s license, which showed that Zavala had prior convictions and that his license was expired. Zavala asked if he could remove the frame from the license plate, and Montalvo gave him permission to do so. Each time Zavala left Montalvo’s cruiser he obtained Montalvo’s permission.2

When Defendant returned to the cruiser, Montalvo asked Zavala about his prior arrests. Then, in Zavala’s presence, Mon-talvo told the radio dispatcher that “we’re probably going to go to the checkpoint and I want to run a dog on him.”

Thereafter, the following exchange occurred:

Montalvo: “I’m going to go ahead and take you to the checkpoint sir. That way you won’t waste any more time here
Defendant: “Ok”
Montalvo: “and if the dog hits I’m going to have to search your vehicle. Ok?”
Defendant: “Alright. Yeah, that is not going to be a problem.”
{some parts of conversation omitted)
Defendant: “How far is the checkpoint from here?”
Montalvo: “Well you’re going that way right?”
Defendant: “Yeah.”
Montalvo: “Ok. Twenty, twenty-five (miles).”
—Montalvo hands Zavala a citation for driving with a suspended license—
Montalvo: “If you do not mind, I’m gonna ... I’m going to escort you over to the uh checkpoint?”
Defendant: “Uh Huh.”
[432]*432Montalvo: “And uh... run the dog on you and then uh... if it doesn’t hit or anything, then we’re good to go.” Defendant: “Alright.”
Montalvo: “You want to follow me over there sir?”
Defendant: “Sure.”

R. 78-79. As stated, during the exchange and after he obtained Zavala’s consent to follow him to the checkpoint, Montalvo wrote Zavala a citation for driving with a suspended license which he handed to Za-vala. Defendant returned to his vehicle and followed Montalvo the additional 20-25 miles to the checkpoint. At the checkpoint, a canine sniff of the vehicle resulted in an alert, and a search in secondary revealed bundles of cocaine.

At the suppression hearing, Montalvo stated on cross-examination that he did not tell Zavala that he was free to go because he suspected that something illegal was in the vehicle. Zavala never attempted to turn around and head south on Hwy. 281. However, Montalvo stated that if Zavala had attempted to do so, he would have stopped him. He said that under those circumstances he would have detained Za-vala and had him searched regardless of his consent.

The district court made oral findings on the record. It found that the initial stop was valid based on the obscured license plate and on Montalvo’s mistaken belief that the vehicle registration was expired. The court concluded that the approximately 34-minute stop was reasonable under the circumstances, given Zavala’s lack of a license and the need for so many computer checks because of Montalvo’s unfamiliarity with Illinois procedures. The court noted that throughout the encounter Zavala had been cooperative and that he never stated that he wanted to leave, though Montalvo never informed him that he was free to go. The court also found that Zavala had knowingly consented to the checkpoint seai'ch of the vehicle. The district court acknowledged Montalvo’s subjective belief that Zavala was not free to leave but noted that Montalvo had not expressed this belief to Zavala. As a result of this analysis, the court denied the motion to suppress.

Zavala entered a conditional guilty plea to the substantive drug count of possession with intent to distribute more than 500 g of cocaine, reserving his right to challenge the district court’s denial of his suppression motion. The district court sentenced Zavala to 63 months in prison, to be followed by a four-year term of supervised release. Zavala filed a timely notice of appeal.

This Court has jurisdiction over a denial of a motion to suppress following an entry of a conditional guilty plea under Fed.R.Crim. Pro. 11(a)(2).

II.

On appeal, Zavala does not contest the court’s rulings on the validity of the initial stop or the length of his detention.

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Cite This Page — Counsel Stack

Bluebook (online)
459 F. App'x 429, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-ignacio-zavala-ca5-2012.