United States v. Leon Angel Valencia

24 F.3d 1106, 94 Daily Journal DAR 6619, 94 Cal. Daily Op. Serv. 3507, 1994 U.S. App. LEXIS 10804, 1994 WL 186777
CourtCourt of Appeals for the Ninth Circuit
DecidedMay 17, 1994
Docket92-50718
StatusPublished
Cited by71 cases

This text of 24 F.3d 1106 (United States v. Leon Angel Valencia) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth 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. Leon Angel Valencia, 24 F.3d 1106, 94 Daily Journal DAR 6619, 94 Cal. Daily Op. Serv. 3507, 1994 U.S. App. LEXIS 10804, 1994 WL 186777 (9th Cir. 1994).

Opinion

Opinion by Judge HUG.

HUG, Circuit Judge:

Leon Angel Valencia was convicted of conspiracy to possess cocaine with the intent to distribute and possession of cocaine with the intent to distribute in violation of 21 U.S.C. §§ 841 and 846. Valencia appeals his conviction on the ground that the district court erred by denying his motion to suppress evidence obtained from an allegedly illegal arrest and an invalid search warrant. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

I.

Valencia was arrested in Ontario, California, on January 23, 1992, after law enforcement agents observed Valencia drive away from a motel parking lot in a Nissan Sentra. Earlier in the day, officers observed two other co-defendants transfer 130 kilograms of cocaine from the Nissan to a tractor-trailer truck. The registration papers found in the Nissan indicated the same address that Valencia gave as his own when he was booked at the police station.

Following Valencia’s arrest, the police ran a search on his background and discovered that Valencia was a target in a major federal narcotics investigation. Other agents had surveilled Valencia’s residence on Orange Grove Avenue. Valencia rented the house, and his name appeared on the telephone records. Agents had observed Valencia near *1108 the house during late-evening and early-morning hours.

Based on this information, the officers obtained a search warrant to search the Orange Grove home. The officers discovered 2650 kilograms of cocaine during the search.

II.

Valencia’s first contention is that the district court erred by denying his motion to suppress evidence because it was obtained as the result of an invalid arrest. Valencia asserts that the officers did not have probable cause to arrest him. We do not agree.

We review a motion to suppress de novo. United States v. Homick, 964 F.2d 899, 903 (9th Cir.1992). The determination of probable cause is a mixed question of law and fact, and is therefore subject to de novo review. United States v. Dunn, 946 F.2d 615, 619 (9th Cir.), cert. denied, - U.S. -, 112 S.Ct. 401, 116 L.Ed.2d 350 (1991). The Government bears the burden of showing that a warrantless arrest did not violate the Fourth Amendment. United States v. Delgadillo-Velasquez, 856 F.2d 1292, 1295 (9th Cir.1988).

To determine whether probable cause exists to support a warrantless arrest, we examine whether the facts and circumstances within the officer’s knowledge are sufficient to warrant a prudent person to believe a suspect has committed, is committing, or is about to commit a crime. United States v. Greene, 783 F.2d 1364, 1367 (9th Cir.), cert. denied, 476 U.S. 1185, 106 S.Ct. 2923, 91 L.Ed.2d 551 (1986). The court may take into account the experience and expertise of law enforcement agents who observed the defendant’s activity. United States v. Hillison, 733 F.2d 692, 697 (9th Cir.1984). “When there has been communication among agents, probable cause can rest upon the investigating agents’ ‘collective knowledge.’ ” United States v. Del Vizo, 918 F.2d 821, 826 (9th Cir.1990) (citation omitted).

Valencia argues that the actions prior to his arrest are not necessarily indicative of criminal activity and, therefore, are insufficient to establish probable cause to arrest him. However, viewed as a whole, the collective evidence the officers had prior to arresting Valencia indicates that criminal activity was taking place and that Valencia was involved.

Before arresting Valencia, the officers observed a tractor-trailer truck parked, without moving, in a hotel parking lot for several days. Two men moved the truck to a different motel in the same city, checked into separate rooms, and used the public pay phone in the parking lot. The two men later removed cardboard boxes from the Nissan Sentra and placed them into the truck’s cab, indicating a car switch. Upon following the truck and subsequently arresting the two men, officers found 130 kilograms of cocaine in the truck, and the driver of the truck told one officer that the owner of the Nissan would return to pick it up at the motel. Based on the officers’ expectation that someone would return to the “load car,” they watched the Nissan for about an hour before Valencia and a co-defendant arrived. Both men acted suspiciously, circling the car and looking around the parking lot. Valencia then drove off in the Nissan.

We conclude that these facts, taken together, would lead a prudent person to believe that Valencia was probably involved in an illegal conspiracy to distribute cocaine. The circumstances presented the usual indicia of drug trafficking. The collective knowledge and experience of the officers, combined with a co-defendant’s statement that someone would return to pick up the “load car,” is sufficient to uphold a finding that probable cause existed to arrest Valencia.

III.

Valencia’s second contention is that the district court erred by not holding an evidentiary hearing to determine whether the affidavit to support the search warrant contained intentionally or recklessly false statements. This argument is without merit.

In Franks v. Delaware, 438 U.S. 154, 98 S.Ct. 2674, 57 L.Ed.2d 667 (1978), the Supreme Court held that, under certain circumstances, a defendant is entitled to an evidentiary hearing to afford the defendant *1109 an opportunity to attack the veracity of a facially-valid affidavit used to support a search warrant. In order to be granted a Franks hearing, the defendant must make a substantial preliminary showing that:

1) the affidavit contains intentionally or recklessly false statements, and
2) the affidavit cannot support a finding of probable cause without the allegedly false information.

United States v. DeLeon, 979 F.2d 761, 768 (9th Cir.1992). If the defendant prevails at the Franks

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24 F.3d 1106, 94 Daily Journal DAR 6619, 94 Cal. Daily Op. Serv. 3507, 1994 U.S. App. LEXIS 10804, 1994 WL 186777, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-leon-angel-valencia-ca9-1994.