United States v. Luis Carlos Gonzales, A/K/A Juan M. Gonzales, A/K/A Robert Gonzales

220 F.3d 922, 2000 U.S. App. LEXIS 19944, 2000 WL 1140772
CourtCourt of Appeals for the Eighth Circuit
DecidedAugust 14, 2000
Docket00-1063
StatusPublished
Cited by22 cases

This text of 220 F.3d 922 (United States v. Luis Carlos Gonzales, A/K/A Juan M. Gonzales, A/K/A Robert Gonzales) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth 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. Luis Carlos Gonzales, A/K/A Juan M. Gonzales, A/K/A Robert Gonzales, 220 F.3d 922, 2000 U.S. App. LEXIS 19944, 2000 WL 1140772 (8th Cir. 2000).

Opinion

*924 MORRIS SHEPPARD ARNOLD, Circuit Judge.

Luis Carlos Gonzales pleaded guilty to conspiring to distribute marijuana, see 21 U.S.C. § 841(a)(1), see also 21 U.S.C. § 846,18 U.S.C. § 2(a). He appeals, arguing that the district court 2 committed error by denying his motion to suppress and by sentencing him as a career offender. We affirm.

I.

Leslie Boles was driving a truck eastbound when a Nebraska state trooper stopped him for bypassing a weighing station. After being pulled over, Mr. Boles informed the trooper that his driver’s license had expired and that he was transporting his girlfriend’s furniture from Texas to Chicago. He also claimed that his girlfriend had the truck’s lease agreement, that her name was Sandra Caballero, and that she was driving ahead of him in a white Ford Bronco with New Mexico plates.

A consensual search of the truck uncovered over 1,000 pounds of marijuana. Mr. Boles was taken to the Nebraska State Patrol office where an investigator informed him of his Miranda rights before interviewing him. The investigator testified at the suppression hearing that Mr. Boles “decided that he would come clean and tell the truth.” Mr. Boles admitted to knowing that his truck contained marijuana, told the investigator that Mr. Gonzales and Sandra Carrion were his accomplices, and provided a detailed description of the vehicle in which they were traveling.

Trooper William Leader testified at the suppression hearing that he and a colleague received information (ultimately derived from the investigator) that they were to look for a “red GM type pickup with New Mexico plates” headed eastbound on Interstate 80, that the vehicle had New Mexico license plate number 514 HMT, that there would be a male and a female in the vehicle, that the male was named Gonzales, and that there was a cell phone in the vehicle. Trooper Leader also received information that the pickup was “escorting” another vehicle that had been stopped with a large quantity of marijuana. Trooper Leader thereafter identified and then stopped a vehicle headed eastbound on Interstate 80 that matched exactly the description that he had been given.

Sandra Carrion was driving, and Mr. Gonzales was the passenger. Trooper Leader asked for Ms. Carrion’s driver’s license and looked inside the vehicle, where he saw what he believed to be one marijuana cigarette on the passenger-side armrest. After asking Mr. Gonzales to exit the vehicle, Trooper Leader then saw what he believed to be two more marijuana cigarettes on the passenger-side armrest. Trooper Leader also saw a cell phone in the vehicle. Trooper Leader concluded that he had probable cause to arrest Mr. Gonzales and Ms. Carrion for their involvement in the distribution of controlled substances and therefore took them into custody.

Mr. Gonzales argues that Trooper Leader lacked reasonable suspicion for the initial stop, and that he had no probable cause justifying the arrest. We review the district court’s findings of fact for clear error, and review de novo the determination of the existence of reasonable suspicion. See United States v. Eustaquio, 198 F.3d 1068, 1070 (8th Cir.1999).

II.

Turning first to whether Trooper Leader’s initial stop of the car was supported by reasonable suspicion, see generally Thomas v. Dickel, 213 F.3d 1023, 1024-25 (8th Cir.2000), we begin with the observation that an investigative stop is *925 constitutional if the police have a reasonable suspicion “that the person stopped is, or is about to be, engaged in criminal activity,” United States v. Cortez, 449 U.S. 411, 417, 101 S.Ct. 690, 66 L.Ed.2d 621 (1981). Reasonable suspicion requires “ ‘a particularized and objective basis’ for suspecting the person stopped of criminal activity,” Ornelas v. United States, 517 U.S. 690, 696, 116 S.Ct. 1657, 134 L.Ed.2d 911 (1996), quoting Cortez, 449 U.S. at 417, 101 S.Ct. 690; see also Terry v. Ohio, 392 U.S. 1, 21-22, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968), but the “level of suspicion required for a Terry stop is obviously less demanding than that for probable cause,” United States v. Sokolow, 490 U.S. 1, 7, 109 S.Ct. 1581, 104 L.Ed.2d 1 (1989).

Mr. Gonzales argues that Mr. Boles had lied to the .troopers before the discovery of the marijuana and that the information he supplied during his interview therefore was not trustworthy. Although Mr. Boles at first provided the troopers with incorrect information, it is plain that he did so in an effort to convince them that he and his girlfriend were engaged in innocent activities. After the marijuana was discovered and Mr. Boles was taken to the police station and interviewed, he “c[a]me clean” and provided the police with the detailed information concerning his accomplices that Trooper Leader later used to identify and stop the suspect vehicle. We can think of no logical purpose that Mr. Boles would be serving by admitting, once in custody, to having lied, only to follow up that he with another one concerning precisely the same subject matter. We therefore believe that the circumstances surrounding his confession support a conclusion that the information that he provided was reasonably trustworthy.

As the Supreme Court pointed out in Alabama v. White, 496 U.S. 325, 331, 110 S.Ct. 2412, 110 L.Ed.2d 301 (1990), if an “informant is shown to be right about some things, he is probably right about other facts that he has alleged, including the claim that the object of the tip is engaged in criminal activity.” Mr. Boles described in detail his accomplices’ vehicle and accurately predicted that a truck fitting its description would be driving eastbound on Interstate 80, see id. at 332, 110 S.Ct. 2412. We believe that the information provided by Mr. Boles, and the context in which the information was given, contained sufficient indicia of reliability. In light of all of the circumstances and the collective knowledge of the troopers involved in the stop, see United States v. Chhunn, 11 F.3d 107, 110 (8th Cir.1993), we conclude that Trooper Leader’s investigatory stop of the vehicle was supported by reasonable suspicion. See generally Ornelas, 517 U.S. at 696, 116 S.Ct. 1657.

III.

Having determined that Trooper Leader’s investigatory stop was lawful, we consider next whether he had probable cause to arrest Mr. Gonzales.

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Bluebook (online)
220 F.3d 922, 2000 U.S. App. LEXIS 19944, 2000 WL 1140772, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-luis-carlos-gonzales-aka-juan-m-gonzales-aka-robert-ca8-2000.