United States v. Pinex

129 F. Supp. 3d 982, 2015 U.S. Dist. LEXIS 118558, 2015 WL 5190539
CourtDistrict Court, D. Montana
DecidedSeptember 4, 2015
DocketNo. CR 14-88-BLG-SPW
StatusPublished

This text of 129 F. Supp. 3d 982 (United States v. Pinex) is published on Counsel Stack Legal Research, covering District Court, D. Montana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Pinex, 129 F. Supp. 3d 982, 2015 U.S. Dist. LEXIS 118558, 2015 WL 5190539 (D. Mont. 2015).

Opinion

OPINION and ORDER

SUSAN P. WATTERS, District Judge.

Defendant Lester Pinex III is. charged with Felon in. Possession of a Firearm. Pinex has moved to .suppress evidence found after the search of a rental car that he was driving. On August 21, 2015, the Court held an evidentiary hearing. The Court heard testimony from Rariika Smith, Suma Akella, Azhar Nizar, Bob Nizar, former Miles City Police Department K-9 Officer Ryan Ketchum, former Rosebud County Detention Officer Callie Clark, Montana Division of Criminal Investigation Special Agent Jeff Faycosh, Rosebud County Undersheriff Allen Fulton, and Rosebud County Sergeant Bruce Price. After reviewing the evidence and arguments presented by the parties, the Court denies Pinex’s motion.

I. Background

Around 4:45 p.m. on August 21, 2013, Rosebud County Undersheriff Allen Fulton was driving in his patrol car on Interstate 94 near Forsyth, Montana.' Law enforcement considers 1-94 to be- a drug corridor because it -is one of the quickest and most direct routes from the West Coast, which is a common source of supply for drugs, to the Midwest. Undersheriff Fulton observed’ a white sedan traveling eastbound at 92' mph. The car matched a complainant’s recent description of a vehicle traveling east-on 1-94 at 100 mph and cutting people off while going in and out of traffic.

Undersheriff Fulton crossed the median and activated his lights behind the white sedan. The vehicle pulled over on the left side of the road. After the vehicle stopped, the driver, later identified as Pinex, put his hands in the air. Undersheriff Fulton testified that it is unusual for a driver to immediately put his hands up without any prompting during a traffic stop. Undersheriff Fulton also observed a male in the front passenger seat, who was later identified as Deangelo Tyler.

Undersheriff Fulton exited his patrol car and asked Pinex to move his car over to the right" side of the interstate. Pinex complied and repositioned the vehicle near an on ramp that is approximately one mile from Forsyth. While Undersheriff Fulton parked his patrol car behind Pinex, dispatch relayed that the vehicle was registered to a Richard Knight out of University Place, Washington. Rosebud County Sergeant Bruce Price arrived' in his patrol car around the same time.

About three minutes after he initiated the traffic stop, Undersheriff Fulton approached Pinex’s window and asked for his driver’s license,' registration, and insurance. Pinex responded that he did not have a driver’s license and that the vehicle was a rental car. Undersheriff Fulton asked Pinex for his name and the rental agreement. Pinex falsely identified himself as Lester Johnson., Pinex also supplied a social security number, a date of birth, and an address in Lakewood, Washington.

Undersheriff Fulton returned to his patrol car and reviewed the rental paperwork with Sergeant Price. The rental agreement was between Ranika Smith from Everett, Washington and Rent-A-Wreck in Lakewood. Ranika Smith was not in the vehicle. The car was rented on August 20, [985]*9852013, and was due back on August 24, 2013. The rental agreement did not mention other authorized drivers and allowed only 1,000 miles of use. Undersheriff Fulton recognized that their location was almost 1,000 miles from Lakewood. After reading the rental agreement, Undersheriff Fulton noted to Sergeant Price that “this stinks to high. hell.” Undersheriff Fulton also relayed the false name, the social security number, and address supplied by Pinex to dispatch. Dispatch was unable to find any information on a Lester Johnson with the social security number and date of birth given by Pinex.

Around 11 minutes from the stop’s initiation, Undersheriff Fulton and Sergeant Price exited Undersheriff Fulton’s patrol car to get more information from Pinex and Tyler. Undersheriff Fulton asked Pinex to follow him to the patrol car, while Sergeant Price took Tyler to the front of the rental car. When Tyler exited the vehicle, he discretely dropped a wallet and tried to kick it under the car. Sergeant Price did not notice the wallet at that time.

Pinex and Tyler were not handcuffed. When they reached the patrol car, Pinex started to put his hands on the hood as if preparing to be frisked. Undersheriff Fulton told Pinex that he did not have to do that. Pinex stated that police terrify him. Undersheriff Fulton responded that “in Montana, we’re not that bad.” Under-sheriff Fulton started to ask Pinex a question, and Pinex raised his hands in the air. Undersheriff Fulton told Pinex to put his hands down, as he was making Undersheriff Fulton “damn nervous.” Pinex replied that he was also nervous.

Undersheriff Fulton asked Pinex who rented the car. Pinex responded that Ranika Smith rented the car, and that she was Tyler’s girlfriend. Pinex claimed that Smith was flying to where he and Tyler were driving. Pinex said that on the next day, Smith and Tyler would drive back to Washington while Pinex remained at their destination. Undersheriff Fulton asked why they were traveling and where they were going. Pinex explained that Tyler was his stepbrother, and that Tyler’s father (Pinex’s stepfather) had a heart attack. Pinex claimed that his mother and stepfather live in “Dakota,” and that he was going to stay with his mother while Tyler and Smith returned to Washington.

Undersheriff Fulton told Pinex that he was going to issue a citation for speeding and driving without a license. When Pinex asked if he was going to jail, Under-sheriff Fulton responded that he could post a bond for around $175. Pinex replied that he did not have that much money. Undersheriff Fulton asked Pinex if he and Tyler slept anywhere on their drive from Washington. Pinex responded that they slept at a rest area. Undersheriff Fulton instructed Pinex to sit in the rental car while he waited for Sergeant Price to finish his conversation with Tyler.

Sergeant Price had been questioning Tyler while Undersheriff Fulton was with Pinex. Sergeant Price started by frisking Tyler. Tyler explained to Sergeant Price that he just found out that morning that his father was in the emergency room, and he was driving with his stepbrother to visit him. Tyler also claimed to be in the Navy. Sergeant Price, who had previously served in the military, asked if Tyler had his Navy papers. Tyler said that he did not have them with him. Tyler also did not know where he was stationed.

Tyler’s stated reason for travel was similar to Piriex’s. Tyler claimed that his father and stepmother lived in North Dakota, and his father recently went to the hospital. While Pinex said his stepfather had a heart attack, Tyler said he did not know why his father was admitted to the hospital. Tyler explained that he got a call from his stepmother that she was go[986]*986ing to the hospital, and “so this morning was like boom, we gotta go.” Tyler said that Ranika Smith was his girlfriend and that she rented the vehicle the previous day. Tyler also said Pinex was his stepbrother, but Tyler could not recall Pinex’s last name.

Sergeant Price asked Tyler about his military service. Sergeant Price asked again whether Tyler had his emergency leave paperwork with him. Tyler said that he did not and agreed with Sergeant Price that such paperwork should be with him at all times. Tyler said he did not have his military identification with him and could not identify his commanding officers.

Sergeant Price questioned Tyler more about why his girlfriend rented the ear but was not with him.

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Cite This Page — Counsel Stack

Bluebook (online)
129 F. Supp. 3d 982, 2015 U.S. Dist. LEXIS 118558, 2015 WL 5190539, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-pinex-mtd-2015.