United States v. Jesus Rodriguez-Rivas

151 F.3d 377, 1998 WL 483919
CourtCourt of Appeals for the Fifth Circuit
DecidedFebruary 25, 1999
Docket97-50650
StatusPublished
Cited by33 cases

This text of 151 F.3d 377 (United States v. Jesus Rodriguez-Rivas) 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. Jesus Rodriguez-Rivas, 151 F.3d 377, 1998 WL 483919 (5th Cir. 1999).

Opinions

DUHÉ, Circuit Judge:

Following a bench trial, Jesus Rodriguez-Rivas (“Rodriguez”) was convicted of conspiracy to possess with intent to distribute marijuana and possession with intent to distribute marijuana. He appeals his conviction, arguing that the district court erred when it denied his motion to suppress and admitted evidence (over 700 pounds of marijuana and his contemporaneous statements) obtained when a Border Patrol agent stopped him without reasonable suspicion based on articu-lable facts. We agree. We find a Fourth Amendment violation and conclude that there were insufficient articulable facts surrounding the Border Patrol’s stop of Rodriguez’s vehicle to satisfy the constitutional requirement of reasonable suspicion.

I.

While awaiting the arrival of his partner to open a Border Patrol checkpoint on U.S. Highway 385 south of Marathon, Texas, some fifty-plus miles from the border, agent Rodolfo J. Garcia (“Garcia”) stopped a car with Mexican license plates. The veteran agent learned that the car’s occupants were Mexican custom agents and were legally in this country. Because he knew that Mexican agents sometimes assist in narcotics smug[379]*379gling, Garcia became even more alert to traffic.

Highway 385 is a main entrance to Big Bend National Park and is heavily traveled by tourists. It is also known to be a route preferred by drug smugglers, allowing them to by-pass the consistently manned immigration checkpoint on Highway 67. Ten to fifteen minutes after he had stopped the Mexican customs agents, Garcia saw a mini-van headed north. Although he had no radar to accurately record the mini-van’s speed, he perceived it was traveling “at a high rate of speed.” He noticed that the mini-van bore no front license plate and that the driver appeared to be slouched down in his seat. Becoming suspicious, Garcia u-turned and followed the mini-van. The mini-van had no rear license plate, only a San Antonio auto dealer’s advertisement. Because he suspected something was amiss and had no way to verify the mini-van’s registration, Garcia stopped the vehicle for an immigration check.

Appellant Rodriguez, the sole occupant of the mini-van and a resident alien, lowered his window to present his papers. Garcia immediately smelled marijuana. From his position outside the van, Garcia saw that the center seat of the van had been removed and in its place was a large Mexican-style blanket covering something. He readily identified a cellophane-wrapped bundle not covered by the blanket as typical marijuana packaging. The agent arrested Rodriguez and read him in Spanish his Miranda rights, which Rodriguez waived.

In a brief, unsolicited conversation with Garcia, Rodriguez admitted that he had agreed to drive the van for two men he had met in Big Bend National Park. He told Garcia he had assumed he would be transporting illegal aliens. Garcia’s partner arrived a short time after the arrest with a drug dog. The dog alerted to the presence of drugs and the Border Patrol agents seized 726 pounds of marijuana from the mini-van.

Rodriguez moved to suppress all evidence — his statements and the marijuana-— claiming that the stop was an unreasonable seizure in violation of the Fourth Amendment. He did not argue lack of probable cause for his arrest and the subsequent search; he argued only that the evidence was the “fruit of a poisonous tree” and was therefore inadmissible. The district court denied his motion and found him guilty of both charges: possession with intent to distribute marijuana and conspiracy to possess with intent to distribute marijuana. Rodriguez now appeals.

II.

We review the denial of a motion to suppress under two standards. United States v. Inocencio, 40 F.3d 716, 721 (5th Cir.1994). We review de novo determinations of. questions of law, such as whether reasonable suspicion existed to stop a vehicle. United States v. Nichols, 142 F.3d 857, 864 (5th Cir.1998). Factual findings are reviewed for clear error. Id. Additionally, this court views evidence presented at a suppression hearing in the light most favorable to the prevailing party. Inocencio, 40 F.3d at 721.

III.

The Fourth Amendment protects against unreasonable searches and seizures. U.S. Const, amend. IV. This amendment, however, does not expressly preclude the use of evidence obtained in violation of its directive. Arizona v. Evans, 514 U.S. 1, 10, 115 S.Ct. 1185, 131 L.Ed.2d 34 (1995). Preclusion is a judicially created remedy whose deterrent effect safeguards against future Fourth Amendment violations. United States v. Leon, 468 U.S. 897, 906, 104 S.Ct. 3405, 82 L.Ed.2d 677 (1984). We apply this judicial exclusionary rule only where its remedial objectives are thought most effective. Id. at 908,104 S.Ct. 3405. Where “the exclusionary rule does not result in appreciable deterrence, then, clearly, its use ... is unwarranted.” United States v. Janis, 428 U.S. 433, 454, 96 S.Ct. 3021, 49 L.Ed.2d 1046 (1976).

The Supreme Court has addressed this Fourth Amendment right directly with regard to investigatory stops by roving Border Patrol agents away. from the border, such as we consider here. See United States v. Brignoni-Ponce, 422 U.S. 873, 95 S.Ct. [380]*3802574, 45 L.Ed.2d 607 (1975). Agents have authority to stop only when they “are aware of specific articulable facts, together with rational inferences from those facts, that reasonably warrant suspicion that the vehicles contain aliens who may be illegally in the country.” Id. at 884, 95 S.Ct. 2574. The Supreme Court later clarified that the agents’ suspicion may go beyond smuggling undocumented aliens and extend to a reasonable suspicion that the particular vehicle they stop is engaged in criminal activity. United States v. Cortez, 449 U.S. 411, 421-22, 101 S.Ct. 690, 66 L.Edüd 621 (1981). By imposing the reasonable suspicion standard, the Supreme Court sought to avoid subjecting residents of the area under patrol to potentially unlimited interference with use of the highways, solely at the discretion of Border Patrol officers. Brignoni-Ponce, 422 U.S. at 882, 95 S.Ct. 2574.

We are cautioned to take the totality of the circumstances into account when we make a determination of reasonable suspicion. Cortez, 449 U.S. at 417, 101 S.Ct. 690. No single factor is determinative, but each case must be assessed on the totality of the circumstances known by the agent and on the agent’s experience in evaluating the circumstances. Inocencio, 40 F.3d at 722. We receive guidance in this assessment from the factors identified in Brignoni-Ponce, 422 U.S. at 884-85, 95 S.Ct. 2574. These include:

(1) known characteristics of a particular area,
(2) previous experience of the arresting agents with criminal activity,

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151 F.3d 377, 1998 WL 483919, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-jesus-rodriguez-rivas-ca5-1999.