U.S. v. Martinez

• Decision Date: 15 January 2008
• Docket Number: No. 07-4063.,No. 07-4040.,07-4040.,07-4063.
• Citation: 512 F.3d 1268
• Parties: UNITED STATES of America, Plaintiff-Appellee, v. Jorge MARTINEZ, Defendant-Appellant. and United States of America, Plaintiff-Appellee, v. Adalberto Aguilar-Banuelos, Defendant-Appellant.
• Court: U.S. Court of Appeals — Tenth Circuit

512 F.3d 1268

UNITED STATES of America, Plaintiff-Appellee, v. Jorge MARTINEZ, Defendant-Appellant. and United States of America, Plaintiff-Appellee, v. Adalberto Aguilar-Banuelos, Defendant-Appellant.

No. 07-4040.

No. 07-4063.^*

United States Court of Appeals, Tenth Circuit.

January 15, 2008.

Mary C. Corporon, Corporon & Williams, P.C., Salt Lake City, UT, for Appellant Martinez.

Ronald J. Yengich, Yengich, Rich & Xaiz, Salt Lake City, UT, filed a brief for Appellant Aguilar-Banuelos.

Stephen J. Sorenson, Assistant United States Attorney (Brett L. Tolman, United States Attorney, with him on the brief), Office of the United States Attorney, Salt Lake City, UT, for Appellee.

Before KELLY, ANDERSON, and TYMKOVICH, Circuit Judges.^**

TYMKOVICH, Circuit Judge.

Utah Highway Patrol Trooper Ashton Jeffery stopped Adalberto Aguilar-Banuelos and Jorge Martinez for driving a car registered in California without a front license plate. During his interaction with the occupants, Jeffery became suspicious of possible drug smuggling, asked Aguilar-Banuelos and Martinez whether they had any guns or narcotics in the car, and then asked for consent to search the vehicle. Jeffery searched their car and discovered a bag containing over two pounds of methamphetamine.

Prior to trial, Defendants moved to suppress the drug evidence, arguing (1) the initial stop was unlawful, (2) the stop was then unlawfully extended, and (3) their consent resulted from the prior illegal detention. Relying on a magistrate judge's recommendation, the district court denied the motion to suppress. Preserving their right to appeal the suppression order, both Defendants pleaded guilty. They now separately appeal the denial of their motion to suppress. Martinez also challenges the district court's sentence, arguing he should have been granted a downward departure as a minor participant.

We consolidate the appeals and conclude (1) the initial stop was lawful, (2) the resulting discovery of drugs was inevitable since neither Defendant had a valid driver's license and the police would have conducted an inventory search after impounding the car, and (3) the district court did not commit a clear error in denying Martinez minor participant status.

Accordingly, we AFFIRM both the denial of the motion to suppress and Martinez's sentence.

I. Background

Trooper Jeffery testified at the suppression hearing about the circumstances surrounding the incident. The following facts are undisputed.

The Initial Stop. In the early evening hours of March 1, 2005, Jeffery spotted a black Toyota 4Runner traveling eastbound on Interstate 80 in northern Utah. The vehicle had a California license plate on the rear, but no plate on the front. Jeffery consulted a 1998 license plate chart issued him by the Utah patrol and noted California requires passenger vehicles to display both front and rear license plates.

Jeffery briefly followed the 4Runner and turned on his emergency lights. The 4Runner pulled over. Two people were inside: Aguilar-Banuelos drove and Martinez sat in the front passenger seat. Jeffery approached the 4Runner and asked Aguilar-Banuelos for driver's license, insurance, and registration. Neither Defendant could produce a driver's license; instead, Aguilar-Banuelos gave Jeffery a resident alien card. Unable to find the 4Runner's registration card, Aguilar-Banuelos said the car belonged to his uncle who lived in Salinas, California, which Jeffery later verified as correct. Jeffery then informed Defendants he stopped them for not displaying a front license plate, at which point Aguilar-Banuelos reached into the back seat area and produced the missing plate. Jeffery decided to issue Aguilar-Banuelos a warning ticket for failing to properly display a front license plate and for driving without a driver's license.

The Trooper's Options Regarding the Vehicle. Jeffery had to decide what to do about the 4Runner. He could not let either passenger drive it because neither had a driver's license. And although Jeffery could have called the registered owner—Aguilar-Banuelos's uncle—to pick up the vehicle, that would have been impractical given the owner resided in the Salinas, California area, hundreds of miles from the traffic stop. Under the circumstances, the most sensible approach was to impound the vehicle, conduct an inventory search; and provide Defendants a ride into the next town so they could arrange for transportation. The impoundment would have complied with the patrol policies and procedures. Jeffery did not intend to arrest Aguilar-Banuelos for driving without a license.

Jeffery's Suspicion, Defendants' Consent, and the Resultant Search. Because Jeffery did not have enough information to issue Aguilar-Banuelos a warning ticket based on a resident alien card, Jeffery asked him to come to the patrol car and supply the necessary information. Aguilar-Banuelos complied. Jeffery patted him down for weapons and directed him to the front passenger seat.

As a result of his interaction with the Defendants, Jeffery began suspecting criminal activity—"[p]ossible illegal immigrants[,} a stolen vehicle and drug activity," 70-4063 Aplt.App. 42—based on the totality of the circumstances. Specifically, from his observations since the stop, Jeffery suspected narcotic activity "[d]ue to the behavior of both subjects, their travel plans, all the many indicators, the overwhelming odor, the electrical tape, and the air fresheners in the glove box, no luggage for their vacation." Id. at 42-43. While in his police car with Aguilar-Banuelos, Jeffery asked for consent to search the 4Runner. Aguilar-Banuelos responded, "yes, yes." Id. at 123. Jeffery then approached the 4Runner to speak with Martinez, informed Martinez of Aguilar-Banuelos's consent to search the 4Runner, and, hearing no objection from Martinez, directed both Defendants to sit in front of their vehicle during Jeffery's search. The search turned up approximately two pounds of crystal methamphetamine.

When Jeffery discovered the drugs, both Defendants fled the scene on foot. They were apprehended about half an hour later and arrested.

II. Analysis

We turn first to the Fourth Amendment claims, which are common to both Defendants.

A. Fourth Amendment Claims

"When reviewing a district court's decision on a motion to suppress, we `accept the district court's factual findings unless they are clearly erroneous. The ultimate determination of reasonableness is a question of law reviewable de novo."' United States v. Rice, 483 F.3d 1079, 1082 (10th Cir.2007) (quoting United States v. Alcaraz-Arellano, 441 F.3d 1252, 1258 (10th Cir.2006)).

1. Legality of the Initial Stop

Defendants first challenge the lawfulness of the initial stop. Because a traffic stop itself represents a seizure under the Fourth Amendment, the stop must be justified at its inception. United States v. Holt, 264 F.3d 1215, 1220 (10th Cir. 2001). A traffic stop is justified at its inception "if the officer has either (1) probable cause to believe a traffic violation has occurred or (2) a reasonable articulable suspicion that `this particular motorist violated any one of the multitude of applicable traffic and equipment regulations of the jurisdiction.'" United States v. Ozbirn, 189 F.3d 1194, 1197-98 (10th Cir.1999) (internal citation omitted) (quoting United States v. Botero-Ospina, 71 F.3d 783, 787 (10th Cir.1995) (en banc)); see also United States v. Valenzuela, 494 F.3d 886, 888 (10th Cir.2007).

Trooper Jeffery stopped Defendants for driving a California vehicle without displaying a front license plate. The district court concluded, "Jeffery's reliance on the apparent (as well as actual) violation of California law in failing to display two license plates was based on reasonable articulable suspicion." 07-4063 Aplt.App. 127. We agree.¹

The relevant provision of the California Vehicle Code requires that the state "issue to the owner two partially or fully reflectorized license plates for a motor vehicle, other than a motorcycle." Cal. Veh.Code § 4850(a). And "[w]hen two license plates are issued by the department for use upon a vehicle, they shall be attached to the vehicle for which they were issued, one in the front and the other in the rear." Id. § 5200(a); see also United States v. Ramstad, 308 F.3d 1139, 1146 (10th Cir.2002) ("California law appears to require both a front and rear license plate....") (citing Section 5200); United States v. McRae, 81 F.3d 1528, 1530, 1533 (10th Cir.1996) (upholding initial stop where a trooper pulled over a California vehicle "for the stated reason that both California and Utah require vehicles to have a front license plate"); People v. Saunders, 38 Cal.4th 1129, 45 Cal.Rptr.3d 66, 136 P.3d 859, 863-64 (2006) (agreeing with our analysis in Ramstad that California requires passenger vehicles to display both license plates).

Consistent with California statutory law and our precedent, Jeffery's Utah patrolissued license plate chart indicated California requires vehicles to display both front and rear license plates. It is undisputed the 4Runner did not display the front license plate. And even though Jeffery admittedly did not know whether his chart, issued in 1998, reflected current law in 2005, his suspicion of a traffic violation was objectively reasonable and did not represent a mistake of law. Consequently, Jeffery was justified in stopping Defendants' vehicle because he had a reasonable articulable suspicion of a traffic or equipment violation.

Defendants argue Jeffery made a mistake of law in concluding California required two license plates. A trooper's "failure to understand the plain and unambiguous law he is charged with enforcing ... is not objectively reasonable." United States v. DeGasso, 369 F.3d 1139, 1144 (10th Cir.2004). Defendants stress California Vehicle Code Section 5200(a) by its terms applies only to vehicles for which "two license plates are issued." And "[w]hen only one license...