People v. Arebalos-Cabrera

• Citation: 238 Cal.Rptr.3d 103,27 Cal.App.5th 179
• Decision Date: 14 September 2018
• Docket Number: D074047
• Court: California Court of Appeals Court of Appeals
• Parties: The PEOPLE, Plaintiff and Respondent, v. Jorge AREBALOS-CABRERA, Defendant and Appellant.

27 Cal.App.5th 179
238 Cal.Rptr.3d 103

The PEOPLE, Plaintiff and Respondent,
v.
Jorge AREBALOS-CABRERA, Defendant and Appellant.

D074047

Court of Appeal, Fourth District, Division 1, California.

Filed September 14, 2018

Erica Gambale, Irvine, under appointment by the Court of Appeal, for Defendant and Appellant.

Xavier Becerra, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Julie L. Garland, Assistant Attorney General, Arlene A. Sevidal, Collette C. Cavalier, and Elizabeth Renner, Deputy Attorneys General, for Plaintiff and Respondent.

GUERRERO, J.

238 Cal.Rptr.3d 107

27 Cal.App.5th 182

Following a hung jury and mistrial, a second jury convicted Jorge Arebalos-Cabrera of transporting over 10 kilograms of heroin ( Health & Saf. Code, §§ 11352, subd. (a), 11370.4, subd. (a)(3) ), transporting over four kilograms of methamphetamine (id ., §§ 11379, subd. (a), 11370.4, subd. (b)(2)), and using a false compartment (id ., § 11366.8, subd. (a)). The trial court sentenced him to a total term of 17 years four months in prison.

Arebalos appeals. He contends the trial court erred by denying his motion to suppress evidence found during a search of his tractor-trailer and by denying his second motion to suppress on jurisdictional grounds. We disagree and affirm.

FACTS

For purposes of this section, we state the evidence in the light most favorable to the judgment. (See People v. Osband (1996) 13 Cal.4th 622, 690, 55 Cal.Rptr.2d 26, 919 P.2d 640 ; People v. Dawkins (2014) 230 Cal.App.4th 991, 994, 179 Cal.Rptr.3d 101.) Additional facts will be discussed where relevant in the following section.

Arebalos was with a group of individuals being surveilled by law enforcement as part of a multiagency regional narcotics suppression program. On August 24, 2012, after observing what they believed to be suspicious behavior indicative of narcotics trafficking, police officers contacted the California Highway Patrol (CHP) and identified Arebalos's tractor-trailer as possibly transporting narcotics.

A CHP officer, Roberto Adelmann, made contact with Arebalos's tractor-trailer on a freeway near Barstow. Adelmann was part of a special enforcement unit focused on drug interdiction. He was accompanied by a police dog trained to detect narcotics. At trial, Adelmann explained that when another

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agency identifies a vehicle to him, he watches the vehicle to see whether there is a reason to pull it over. If he sees a reason, he will make the traffic stop. If not, he will either let the vehicle go or call the agency to see if they have a basis for any other action.

In this instance, Adelmann observed Arebalos speeding and weaving across the white lane lines. He stopped Arebalos for these violations. During the stop, Adelmann checked Arebalos's license, registration, commercial logbook, and the paperwork for his trip. The tractor (commonly known as the "cab") was registered to Arebalos. His logbook showed no trips for almost a month. Adelmann believed this was unusual. Adelmann performed a field sobriety test on Arebalos, but he did not find any signs of impairment.

Adelmann gave Arebalos's documents back and asked for his consent to search the tractor. Arebalos agreed, both verbally and in writing. After examining the tractor with his police dog, Adelmann discovered two secret compartments. Both compartments had been modified to transport narcotics. One was empty. The other contained over 10 kilograms of heroin and

238 Cal.Rptr.3d 108

over four kilograms of methamphetamine in wrapped packages. Arebalos was arrested. On the night of his arrest, he admitted to police that he was the sole owner of the tractor and he never lent it to anyone. At trial, Adelmann and another police officer opined that narcotics traffickers would not entrust such a large amount of narcotics—with a total value of roughly $500,000—to someone who did not know it was there.

Arebalos testified in his own defense. He said he worked as an independent truck driver and found jobs through brokers online. He said he did not own the tractor, did not know it was registered to him, and had not seen it for several weeks. He claimed not to know about the narcotics or the secret compartment in which they were found. He said he believed he was transporting cereal to Ohio.

DISCUSSION

I

Initial Motion to Suppress

A. Additional Background

Arebalos contends the trial court erred by denying his motion to suppress evidence found as a result of Adelmann's search of the tractor-trailer. Before his first trial, Arebalos moved to suppress the evidence under Penal Code section 1538.5 ( section 1538.5 ). He primarily argued (1) he had been illegally

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detained at the time he gave consent because the traffic stop had been unconstitutionally extended by Adelmann's investigation into matters unrelated to the stop and (2) his consent was involuntary.

At the suppression hearing, Adelmann testified about the circumstances of the traffic stop. After confirming Adelmann was on duty on the day in question, the prosecutor asked, "And around 10:00 p.m., did you notice a big rig that caught your attention?" Adelmann answered, "Yes, sir." The prosecutor: "What caught your attention about it?" Adelmann: "The truck—the big rig truck and trailer rotation was weaving as well as speeding." Adelmann explained that the tractor-trailer was travelling approximately 62 miles per hour, and the speed limit was 55 miles per hour for a tractor-trailer in that area. He said the tractor-trailer crossed the white lane lines approximately three times.

Adelmann initiated a traffic stop of the tractor-trailer driven by Arebalos. Arebalos complied and pulled to the side of the freeway. At the outset of the stop, Adelmann asked Arebalos for his driver's license, logbook, and paperwork for the trip. Arebalos complied. After asking him to step out of the cab, Adelmann talked with Arebalos about his logbook, which did not show any trips for about a month. Adelmann thought this was unusual. During this conversation, Arebalos appeared nervous. At some point, approximately five to 10 minutes into the stop, Adelmann's partner officer arrived in a second CHP vehicle. Adelmann had him run a check on Arebalos's driver's license and the tractor-trailer. Adelmann performed a field sobriety test, but Arebalos did not appear impaired.

While his partner officer was running the check, Adelmann handed back Arebalos's documents and told him he was free to leave. Arebalos began to walk back to the tractor-trailer. Adelmann then asked and obtained Arebalos's consent to search, both orally and in writing. The stop had lasted approximately 15 to 20 minutes at that point. Adelmann examined the tractor with his police dog and eventually discovered the narcotics hidden there.

On cross-examination, defense counsel asked, "Had you been notified prior to the stopping of this vehicle that this vehicle was carrying contraband?" The prosecutor

238 Cal.Rptr.3d 109

objected based on relevance. The court asked, "What difference does it make?," and defense counsel responded, "Probably not [sic ] at this time. You're absolutely correct, your Honor. I'm going to ask that he be ordered to remain after we finish the cross-examination and recross as my witness." After Adelmann's testimony had been completed, the court asked defense counsel whether he wanted to examine Adelmann as his own witness at that point. Defense counsel declined because he wanted to examine Arebalos first.

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Arebalos testified that he was travelling at 62 miles per hour because he had just passed another truck. He saw two police cars on an overpass. After Arebalos passed, they turned on their emergency lights and stopped him. Approximately 20 minutes into the stop, the officers told Arebalos he could leave. He walked five or six steps, and one said, "No. Hold on a second. I want you to sign this paper." Arebalos claimed that Adelmann and his police dog had already been in the tractor once or twice before then. He claimed they put him in handcuffs and sat him in a police car. He said he signed the paper because "[t]here was no way out of it, because then they're not going to let you go."

At the conclusion of Arebalos's testimony, the court asked defense counsel whether he had any other witnesses. He responded, "Your Honor, I beg the Court's pardon. I thought that I would need Officer Adelmann's testimony, but it appears that I have what I wanted to present to the Court so I rest."

The prosecutor, however, recalled Adelmann as a rebuttal witness. Adelmann testified that he did not use the police dog before Arebalos gave consent to search the tractor-trailer. On cross-examination, Adelmann discussed the consent form Arebalos signed. Adelmann said he explained the form to Arebalos and let him look it over. Arebalos signed without any questions. The consent form was admitted...