U.S. v. Barahona

Decision Date05 April 1993
Docket NumberNo. 92-2576,92-2576
Citation990 F.2d 412
PartiesUNITED STATES of America, Appellee, v. Jose Leon BARAHONA, Appellant.
CourtU.S. Court of Appeals — Eighth Circuit

Mark A. Miller, Kansas City, MO, argued, for appellee.

Before JOHN R. GIBSON, WOLLMAN, Circuit Judges, and STROM, * District Judge.

STROM, District Judge (sitting by designation).

On October 7, 1991, Jose Leon Barahona was indicted by a grand jury on one count of possession with intent to distribute five (5) kilograms or more of cocaine, in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(A). On January 29, 1992, the district court, 1 adopting the report and recommendation of the magistrate judge, 2 denied Barahona's motion to suppress. On February 10, 1992, Barahona entered a conditional plea of guilty, subject to his appeal of the suppression ruling. On June 5, 1992, a sentence of one hundred twenty-one (121) months was imposed. Barahona appeals the order denying the motion to suppress and his sentence. We affirm.

I.

On September 27, 1991, Missouri State Highway Patrol Trooper Martin Chitwood observed Barahona's 1991 maroon Cadillac driving erratically on I-70. Chitwood saw the vehicle change lanes without using a turn signal, then go partially onto the shoulder of the road and come back onto the roadway. There was no traffic in the vicinity of the vehicle. Chitwood stopped Barahona and asked, in English, to see his driver's license. When Barahona appeared to have difficulty understanding, Chitwood used hand motions to communicate his request. Barahona handed Chitwood a paper driver's license from the state of California and the rental contract for the car. Using hand motions, Chitwood asked Barahona to exit the car and accompany him to the patrol car. In the front seat of the patrol car, Chitwood tried to explain that he was stopped because he appeared to be weaving. Barahona said, "Tired." Chitwood asked Barahona where he was going and Barahona said, "St. Louis." Chitwood asked Barahona if he was on vacation, and Barahona replied: "Yes, vacation."

The results of a check of Barahona's name through a criminal intelligence information network encompassing approximately twenty-five or thirty states were negative. A computer check of Barahona's California driver's license failed to indicate whether the license was valid. Noticing the car rental agreement listed a "Ferdinand Aguinaldo" as the renter, Chitwood pointed to the name, and Barahona responded, "Amigo," or friend. Chitwood also noticed that the rental contract indicated that the car was due to be returned to Los Angeles on October 4, 1991, which, according to Chitwood's calculations, would leave Barahona with only one or two days in St. Louis. Chitwood became suspicious and concluded that Barahona probably was not on vacation.

Chitwood handed Barahona a consent to search form printed in Spanish. At this time, another highway patrolman, Trooper Harris, arrived at the scene, but remained in his patrol car. Chitwood underlined the words with his finger, one line at a time, as Barahona read. It took Barahona approximately two minutes to read the form, which he appeared to have no trouble understanding. Barahona then pointed to his car and stated, "You can look, sir," and immediately thereafter voluntarily exited the patrol car. Because of his apparent willingness to submit to a search, Barahona was not asked to sign the form. Trooper Chitwood followed Barahona to his vehicle, where Trooper Harris joined them. Without being asked, Barahona reached into the Cadillac, retrieved the keys, and unlocked the electric door locks. Barahona raised his arms and pointed to the interior of the car in a way that the troopers interpreted to mean "Look." Barahona then went to the rear of the car, unlocked the trunk, and made a similar motion with his arms inviting the troopers to examine it. Chitwood told Barahona to move over by Trooper Harris, and Barahona immediately complied. Chitwood opened the trunk, which revealed a duffle bag. Chitwood opened the duffle bag and pulled out a brick of cocaine. The total span of time from the initial arrest to the discovery of the cocaine was ten minutes.

Trooper Harris informed Barahona he was under arrest for possession of illegal drugs. Harris showed Barahona a card with the Miranda warnings printed in English and Spanish. Barahona read it aloud and indicated after each section that he understood its contents. Thereafter, Barahona was transported to the Booneville, Missouri, Police Station. A retired high school Spanish teacher, Mrs. Margaret Jackson, was contacted to act as a translator. Upon arriving at the station, at approximately 6:30 p.m., Mrs. Jackson was given a card with Miranda warnings printed in both English and Spanish to read to Barahona. She read one section at a time, and after each section, asked Barahona if he understood. Barahona replied that he did. While at the station, Barahona was not asked to waive his rights, nor was he questioned.

Barahona was then transported to the Columbia, Missouri, police station. Officer Julie De Mello, who is fluent in Spanish, met the troopers at the station to act as an interpreter. Officer De Mello translated questions to Barahona asked by another officer, Trooper Gene Mills. In response to the questions, Barahona explained how he was hired to transport the cocaine from Los Angeles to Troy, Illinois, and what his instructions were for delivering it. Officer De Mello asked Barahona to participate in a controlled delivery of the cocaine. Barahona expressed concern for his safety and that of his family if he did so. He was told that he or his family may be harmed by those people even if he did not cooperate, and that it would not hurt his case if he did cooperate. In addition, he was told that if he did not cooperate, then an officer would pose as him and attempt the delivery. Barahona subsequently agreed to cooperate. He attempted a controlled delivery of the cocaine, but was unsuccessful.

On Monday, September 30, 1991, Barahona met with Special Agent David Hamilton of the Immigration Service, who speaks Spanish. Hamilton read Barahona his Miranda rights in Spanish and asked him if he understood. Barahona stated that he did. Regarding the events occurring subsequently, the magistrate judge found as follows (Report and Recommendation p 23): Hamilton asked Barahona if he wished to waive his rights. Barahona refused to sign the waiver form and stated that he would like an attorney. (Tr. of Suppression Hr'g, Dec. 10, 1991, at 19, 31.) Hamilton asked Barahona if he had ever previously requested an attorney. Barahona said "yes," and then said, "Oh, no, no." Hamilton again asked Barahona if he had ever requested an attorney. Barahona said, "Oh no, no" again and waved his hands. (Tr. of Suppression Hr'g, Dec. 10, 1991, at 31-32.) Barahona then told Hamilton to ask him any questions. Hamilton asked Barahona if the officer on the highway had asked permission to search his car. Barahona stated that he had. After a few more immigration-related questions by Hamilton, the interview was concluded and Barahona was transported to the courthouse for arraignment. (Tr. of Suppression Hr'g, Dec. 10, 1991, at 32-33.)

II.

Barahona argues that the district court erred in denying his motion to suppress physical evidence and statements. He claims the search of his car was an unreasonable search in violation of the Fourth Amendment because 1) it was the result of an unreasonable detention; and 2) he did not consent to it. He also claims that statements were obtained from him in violation of his Miranda right to have counsel present during custodial interrogation. The Court will discuss these claims in order.

A.

It is clear that the initial stop of Barahona's car was valid. Trooper Chitwood observed Barahona's vehicle change lanes without using a turn signal, and then drive partially onto the shoulder of the road and back onto the highway. Barahona concedes that Trooper Chitwood had "the legal power" to charge him with a traffic violation. It is well established that a traffic violation--however minor--creates probable cause to stop the driver of a vehicle. United States v. Cummins, 920 F.2d 498, 500 (8th Cir.1990), reh'g denied (January 17, 1991) (en banc), cert. denied, --- U.S. ----, 112 S.Ct. 428, 116 L.Ed.2d 448-449 (1991); see Pennsylvania v. Mimms, 434 U.S. 106, 98 S.Ct. 330, 54 L.Ed.2d 331 (1977); United States v. Pillow, 842 F.2d 1001 (8th Cir.1988). Moreover, the threat to highway safety posed by the erratic movements of Barahona's vehicle clearly constituted a legitimate reason for the stop. See Cummins, 920 F.2d at 501.

The real issue is whether, given the lawfulness of the initial stop, "the resulting detention was 'reasonably related in scope to the circumstances which justified the interference in the first place.' " Id. at 502 (quoting Terry v. Ohio, 392 U.S. 1, 20, 88 S.Ct. 1868, 1879, 20 L.Ed.2d 889 (1968)). For a detention to be reasonable, an officer's questions must relate to the purpose of the stop. See id. However, if the responses of the detainee and the circumstances give rise to suspicions unrelated to the traffic offense, an officer may broaden his inquiry and satisfy those suspicions. See id.

In this case, after stopping Barahona's car, Chitwood asked Barahona for his driver's license. Barahona gave him a paper California driver's license and the rental contract for the car. After Chitwood explained he was stopped because he was weaving, Barahona responded he was "tired." Chitwood then asked Barahona for his destination and whether he was on vacation. Barahona responded that he was going to St. Louis and was on vacation. All of Chitwood's questions were reasonably related to ascertaining the reasons for Barahona's erratic driving and whether he posed a danger to others on the road. As such, Trooper Chitwood's initial investigation was reasonably related to the...

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