U.S. v. Castorena-Jaime
| Decision Date | 03 April 2002 |
| Docket Number | No. 01-3079.,No. 01-3061.,No. 01-3067.,01-3061.,01-3067.,01-3079. |
| Citation | 285 F.3d 916 |
| Parties | UNITED STATES of America, Plaintiff-Appellee, v. Julio N. CASTORENA-JAIME, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Alma R. Trejo, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Ramona Alvarez, Defendant-Appellant. |
| Court | U.S. Court of Appeals — Tenth Circuit |
Anthony W. Mattivi, Assistant United States Attorney; James E. Flory, United States Attorney, and Nancy Landis Caplinger, Assistant United States Attorney, on the brief, Topeka, KS, for Plaintiff-Appellee.
David J. Phillips, Federal Public Defender, and Marilyn M. Trubey, Assistant Federal Public Defender, Topeka, KS, for Defendant-Appellant Julio Castorena-Jaime.
Edward M. Collazo, Topeka, KS, for Defendant-Appellant Alma R. Trejo.
Kevin J. Cook of Manzanares & Associates; F.G. Manzanares of Manzanares & Associates on the brief, Topeka, KS, for Defendant-Appellant Ramona Alvarez.
Before EBEL, BALDOCK, and KELLY, Circuit Judges.*
A Kansas highway patrol trooper stopped a vehicle driven by Defendant Alma R. Trejo for speeding. Defendants Julio Castorena-Jaime and Ramona Alvarez were passengers in the vehicle. After issuing a warning, the trooper noticed a brick-like bundle wrapped in tape on the rear floorboard of the vehicle. The trooper seized and searched the bundle, which contained cocaine. The trooper subsequently arrested Trejo, Castorena, and Alvarez.
A federal grand jury charged Defendants in a single-count indictment with possession with intent to distribute approximately 3.5 kilograms of cocaine, in violation of 21 U.S.C. § 841(a)(1). Castorena entered a conditional guilty plea, but reserved the right to appeal the district court's denial of his suppression motion. The district court sentenced Castorena to 46 months imprisonment. Trejo and Alvarez proceeded to trial. The jury found both Trejo and Alvarez guilty as charged. The district court sentenced Trejo and Alvarez each to 78 months imprisonment. All three Defendants now appeal. Because Defendants' convictions arise out of the same factual occurrence, and Trejo and Alvarez raise the same issue on appeal, we address these appeals together.
Castorena raises only one issue on appeal: whether the trooper illegally seized and searched the bundle in the car. Trejo raises two issues on appeal: (1) whether the district court committed plain error by not sua sponte suppressing her statements allegedly obtained in violation of Miranda; and (2) whether the district court erred by denying Defendants' Batson objection to the prosecutor's peremptory strike of an African-American juror. Alvarez joins in Trejo's Batson issue, and raises three additional issues on appeal: (1) whether the district court erred in quashing the subpoena of co-defendant Castorena; (2) whether the district court erred by admitting the cocaine into evidence after officials repackaged it; and (3) whether the evidence was sufficient to convict her. We have jurisdiction under 28 U.S.C. § 1291. We affirm.
On May 16, 2000, Kansas Highway Patrol Trooper John Rule was patrolling Interstate 70 when he observed a grey Buick traveling in the opposite direction. Using radar, he measured the Buick's speed at eighty miles per hour in a seventy-mileper-hour zone. Turning around in the median, Trooper Rule caught up with the car and noticed it was missing a side mirror. Based on these traffic violations, he activated his emergency lights and pulled over the car. The activation of his lights triggered a video camera and recording equipment in Trooper Rule's patrol vehicle which recorded the traffic stop.1
Trooper Rule approached the car and saw two women sitting in the front seat, and a man lying down in the back seat. Speaking English, Trooper Rule explained the reasons for the traffic stop, and asked the driver for her license, registration, and proof of insurance. In response, the driver provided a Minnesota title in her name and a California driver's license identifying her as Alma Trejo. Trooper Rule observed the driver's demeanor was overly nervous for a typical traffic stop. Her hands were visibly shaking, and she made very little eye contact with him. Trooper Rule checked the license and title and handed them back to Trejo. He returned to his patrol car where he wrote a warning citation.
When he re-approached the vehicle to deliver the warning citation, Trooper Rule observed the man in the back seat sitting upright. Trooper Rule handed Trejo the warning citation and said "just a warning, no money." As was his practice while approaching or standing next to a stopped vehicle, Trooper Rule visibly checked the vehicle for evidence of any other criminal activity and stayed alert to each occupant's movements. Trooper Rule immediately noticed through the driver's side rear window a bundle laying on the floor behind the driver's seat. The bundle was approximately five to six inches wide, four to six inches tall, and approximately two inches thick. It was wrapped heavily in tape. Based on his training and experience, Trooper Rule immediately recognized from the bundle's wrapping and size that it was either illegal drugs or currency related to drug trafficking. Trooper Rule testified that during traffic stops he has seen "hundreds" of packages of similar size and wrapping. In his experience, these packages usually contained illegal drugs, and if not drugs, then currency involved in drug trafficking.
Speaking principally to the man in the back seat, later identified as Castorena, Trooper Rule pointed toward the bundle and asked "What do you have there in the back seat?" Defendants responded to Trooper Rule's question, but they cannot be heard on the videotape over background traffic noise. Trooper Rule testified that he observed Castorena trying to cover the bundle with trash on the floor of the vehicle. Trooper Rule again pointed towards the back seat and said, "No, the brick down there." The videotape captures Castorena moving in his seat, while Trooper Rule continues to point saying, "That thing right there." Trooper Rule finally extended his hand through the driver's window and pointed to the floor saying, "That, hand it to me." Castorena then gave Trooper Rule the bundle.
As he began inspecting the bundle, Trooper Rule asked, "What do you have here?" Although Trejo's response is inaudible on the videotape, Trooper Rule testified that she responded that she did not know. Trooper Rule then asked, "May I open it?" Trejo's response again is inaudible, but Trooper Rule testified that Trejo responded affirmatively. Trooper Rule placed the bundle on top of the car, and using a knife from his pocket, he cut into the bundle. He found a white powdery substance that he testified smelled like cocaine.
Trooper Rule then instructed Defendants to turn off the vehicle and step out with their hands up. Castorena exited through the rear passenger door, and Trooper Rule told Castorena to lie down in the ditch. Trooper Rule testified that while he was dealing with Castorena, he noticed that the passenger, later identified as Alvarez, appeared to be putting something into or pulling something out of her pants. Trooper Rule can be heard on the videotape saying, "Ma'am, don't be shoving stuff down your pants." The videotape shows Trooper Rule approach Alvarez's side of the vehicle, and shows Alvarez exit the car. Alvarez lifted up her shirt and pulled her pants away from her waist to show Trooper Rule that she did not place any objects in her pants. Trooper Rule then told the female occupants to exit the car and lie down in the ditch.
Trooper Rule went to his patrol car and radioed for assistance. The audio portion of the videotape indicates Trooper Rule returned to the ditch and handcuffed Defendants. One of the female Defendants says something inaudible to which Trooper Rule responds with the questions, "Got more on you, huh ma'am!" and "How much are you out?" The videotape again only captures inaudible responses from Defendants. Trooper Rule then directed one of the handcuffed female Defendants to sit down in the front seat of his patrol car, and began searching the back seat of the stopped car. When the female did not obey, Trooper Rule stopped his search and placed one female Defendant in his patrol car, and the other into the stopped car.2 Trooper Rule then continued his search. Besides the bundle on the back seat floor, Trooper Rule found two bundles in Castorena's pants, and three more bundles in a black purse located on the passenger-side front floor board.3
Castorena appeals the district court's denial of a suppression motion. In reviewing the district court's denial of a motion to suppress, we view the evidence in the light most favorable to the Government. United States v. De la Cruz-Tapia, 162 F.3d 1275, 1277 (10th Cir.1998). We accept the district court's factual findings unless they are clearly erroneous. Id. "`[A] finding is "clearly erroneous" when although there is evidence to support it, the reviewing court on the entire evidence is left with the definite and firm conviction that a mistake has been committed.'" Id. (brackets in original) (quoting United States v. United States Gypsum Co., 333 U.S. 364, 395, 68 S.Ct. 525, 92 L.Ed. 746 (1948)). The ultimate determination of reasonableness under the Fourth Amendment is a question of law we review de novo. De la Cruz-Tapia, 162 F.3d at 1277.
Castorena first argues the district court erred by concluding Trooper Rule properly seized the bundle from the vehicle under the plain view doctrine. Although the Fourth Amendment generally requires officers conduct searches and seizures pursuant to a warrant, officers may seize evidence in "plain view" without a warrant. Coolidge v. New Hampshire, 403 U.S. 443, 465, 91 S.Ct. 2022, ...
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