United States v. Urrieta

520 F.3d 569, 2008 U.S. App. LEXIS 5844, 2008 WL 731224
CourtCourt of Appeals for the Sixth Circuit
DecidedMarch 20, 2008
Docket07-5431
StatusPublished
Cited by66 cases

This text of 520 F.3d 569 (United States v. Urrieta) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth 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. Urrieta, 520 F.3d 569, 2008 U.S. App. LEXIS 5844, 2008 WL 731224 (6th Cir. 2008).

Opinions

GILMAN, J., delivered the opinion of the court, in which GUY, J., joined. McKEAGUE, J., (pp. 579-84), delivered a separate dissenting opinion.

OPINION

RONALD LEE GILMAN, Circuit Judge.

Jose Eduardo Urrieta appeals the district court’s denial of his motion to suppress evidence. During a routine traffic stop, Deputy Sheriff Lee Young detained Urrieta beyond the time reasonably necessary to issue a citation, primarily because the officer mistakenly believed that Urrie-ta was not allowed to drive in Tennessee with a Mexican driver’s license. Deputy Young claims that, during the course of [571]*571the traffic stop, he became suspicious that Urrieta was transporting drugs. Eventually Urrieta gave Deputy Young written consent to search his vehicle. The deputy discovered no drugs, but found three handguns and several fraudulent identification cards. Finding that Deputy Young had a reasonable suspicion to extend the detention and that Urrieta’s consent was voluntary, the district court denied Urrieta’s motion to suppress. For the reasons set forth below, we REVERSE the judgment of the district court.

I. BACKGROUND

A. Factual background

On August 21, 2006, Urrieta, his girlfriend Maria Ramirez Montes, and her sixteen-year-old son were traveling eastbound on Interstate 24 in Tennessee. Ur-rieta was driving a 1998 Lincoln Navigator with an expired temporary registration tag and was towing a 1987 Honda sedan by means of a homemade towbar. Both vehicles were fully packed. At approximately 1:45 p.m., Deputy Young, an officer with the Rutherford County Interstate Crime Enforcement Unit, was stationed on Interstate 24. Deputy Young was trained in using drug-sniffing dogs, in interdiction, and in using highway traffic stops as a means to ferret out concealed secondary crime. On the day in question, a trained drug-sniffing dog was in Deputy Young’s patrol car. Deputy Young witnessed Ur-rieta’s car “swerving” between lanes, decided to follow it, and noticed that the Navigator did not have a valid registration sticker and that the taillights on the Honda were not working. On that basis, Deputy Young pulled Urrieta over to the side of the road.

The entire traffic stop was captured on video. Deputy Young approached Urrie-ta’s car at 1:49 p.m. and requested to see Urrieta’s driver’s license. Upon noticing that the vehicles were fully packed, the deputy asked Urrieta: ‘Y’all moving?” Urrieta responded that he was moving from California and going to Atlanta. Over the course of the stop, however, Ur-rieta eventually explained that his ultimate destination was West Palm Beach, Florida. Deputy Young noted that Urrieta was smiling and friendly, but that the two passengers in the car did not make eye contact with him and appeared nervous. The officer also noticed that Montes was wearing a waitress’s shirt.

Urrieta produced a Mexican driver’s license and temporary registration papers from California for the Navigator. The Navigator was registered to Montes, but the registration had expired in February of 2006, six months earlier. Urrieta then produced additional paperwork showing that the Honda was registered in his name. Deputy Young told Urrieta that he could not drive in Tennessee using a Mexican driver’s license unless he had a valid passport, asked Urrieta if he was “legally in the country,” and instructed him to search his fully packed car to find his passport.

At approximately 1:53 p.m., Deputy Young returned to his vehicle and called the El Paso Intelligence Center (EPIC) to determine if Urrieta was legally in the country. EPIC provides information on drivers’ licenses, car registrations, and whether an individual has crossed the border at a checkpoint, was deported, or is under federal investigation. At 2:04 p.m., EPIC reported to Deputy Young that there was no information in the system on Urrieta, Montes, or their vehicles. The lack of information suggested that Urrieta and Montes had not entered the country legally, but also confirmed that they had not been previously deported. This is significant because illegal reentry after deportation is the only immigration violation [572]*572that Deputy Young had the authority to enforce.

While waiting for the EPIC report, Deputy Young wrote a traffic citation for Ur-rieta, noting that Urrieta had committed three offenses: a lane violation, a taillight violation, and a registration violation. Deputy Young then called for backup from other officers, stating that he wanted to search the vehicles.

At 2:07 p.m., Deputy Young returned to Urrieta’s ear and asked him a series of approximately 40 questions about his immigration status, moving plans, job, and criminal history. Deputy Young did not issue Urrieta a citation or return his driver’s license. In response to Deputy Young’s questions, Urrieta was evasive about when he came into the country and, according to Young, began to change his story about his travel plans. Urrieta stated that he was “going back” to Mexico, that he planned to stay in Atlanta for only a short period of time, and then finally explained that he was going to Florida. He also stated that his girlfriend worked at Wendy’s, that she did not speak English, and that he did not have steady work.

When Deputy Young asked Urritea if his girlfriend had a passport, Urrieta said that he did not know. Although Urrieta originally asserted that he had a tourist visa, he admitted upon further questioning that he had only a passport. Deputy Young then asked Urrieta about his criminal history, and Urrieta said that he had none. Urrieta also denied having any illegal drugs or loaded guns in the car. In response to further questioning, however, Urrieta told Deputy Young that he did not know for sure if there had “ever” been drugs in the car, but stated that he did not “think so.”

At approximately 2:13 p.m., Deputy Young asked Urrieta if he could search his car. Urrieta responded “sure,” at which point Deputy Young handed Urrieta a consent form and told him that the form gave law enforcement permission to search the car for illegal items. Deputy Young then told Urrieta to read over the form and to sign it, stating that he wanted Urrieta to “know what I’m doing.” The consent form was in English and in Spanish and stated in part: “I further state that no promises, threats, force, physical or mental coercion of any kind whatsoever have been used against me to get me to consent to the search described above or to sign this form.”

Another officer arrived at the scene and Deputy Young walked over to speak with him. The two officers then approached Urrieta’s car and the new officer began to question Montes while Deputy Young spoke with Urrieta. Urrieta had filled out the consent form, which gave consent for the officer to search only the Honda. Deputy Young then explained to Urrieta that he wanted to search the Navigator too, and instructed him “to just put ’98 Navigator’ on there.” Urrieta complied with Young’s instructions and amended the form to include the notation “98 Nav.” At 2:19 p.m., half an hour into the stop, Deputy Young and the other officer began to search the Navigator. The search uncovered three firearms and several fraudulent identification cards. Urrieta’s passport was discovered in the vehicle by the police in a subsequent search.

B. Procedural background

In August of 2006, a federal grand jury returned a two-count indictment against Urrieta for being an illegal alien in possession of firearms, in violation of 18 U.S.C.

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Cite This Page — Counsel Stack

Bluebook (online)
520 F.3d 569, 2008 U.S. App. LEXIS 5844, 2008 WL 731224, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-urrieta-ca6-2008.