U.S. v. Magana

• Decision Date: 13 March 2008
• Docket Number: No. SA-07-CR-470-RF.,SA-07-CR-470-RF.
• Citation: 544 F.Supp.2d 560
• Parties: UNITED STATES of America, Plaintiff, v. Hermerejildo MAGANA, Jr., Defendant.
• Court: U.S. District Court — Western District of Texas

544 F.Supp.2d 560

UNITED STATES of America, Plaintiff, v. Hermerejildo MAGANA, Jr., Defendant.

No. SA-07-CR-470-RF.

United States District Court, W.D. Texas, San Antonio Division.

March 13, 2008.

Charlie Strauss, Assistant United States Attorney, San Antonio, TX, for Plaintiff.

R. Clark Adams, Federal Public Defender, San Antonio, TX, for Defendant.

ORDER GRANTING DEFENDANT'S MOTION TO SUPPRESS

ROYAL FURGESON, District Judge.

This case addresses the question of whether the religious provisions of the First Amendment can curtail the authority of law enforcement to stop and search vehicles. The question is raised by Defendant's Motion to Suppress (Docket No. 15), filed October 10, 2007. The Government filed its Response (Docket No. 18) October 22, 2007. On December 7, 2007, this Court held a hearing on this matter. During the hearing, the Court gave an oral ruling, that after carefully considering the facts of the case, the briefing, evidence, and applicable law, the Motion to Suppress should be GRANTED. The Court now memorializes its oral ruling in this Order.

I. Introduction

This routine traffic stop case implicates the First and Fourth Amendments. It involves an officer who initiated a traffic stop after observing what he believed to be a defective tire. After verifying the tire was not in fact defective, the officer detained the driver, because among other things, the driver had a religious statue on his dashboard. The officer stated that in his experience and opinion, religious symbols are used to dispel suspicion of wrongdoing and are usually indicative of drug activity. The Court finds that religious symbols cannot be used to generate reasonable suspicion of drug dealing or criminality. To do so, violates religious rights secured by the First Amendment and consequently, the Fourth Amendment. After removing the impermissible element of the religious symbol from the officer's reasonable suspicion calculation, the Court finds the remaining factors do not rise to the level of warranting extending the detention. Because reasonable suspicion did not exist to extend the stop, once the officer realized a violation had not been committed, the purpose of the stop was fulfilled, and anything thereafter controverted Defendant's Fourth Amendment rights. Therefore, the Court grants Defendant's Motion to Suppress.

II. Factual and Procedural Background

On the morning of July 25, 2007, Trooper Michael A. Turk ("Trooper Turk") and Gonzales County Sheriffs Deputy Floyd Toliver ("Deputy Toliver") were each parked in the median part of a turn around off IH-10 in Gonzales County. Tr. at 21; Govt's Proposed Findings of Fact, (Docket No. 26) at 1. Trooper Turk observed a white 2001 Chevrolet Cavalier traveling eastbound on IH-10 that appeared to have a defective left rear tire. Id; Tr. at 5. Trooper Turk thought "[t]he tire was wobbling" and "[i]t could become defective." Tr. at 5, 6. Trooper Turk radioed in stating it "it looks like the left rear tire has a knot or something ... it looks defective ... [I'm] going to stop it and have a conversation ... don't know if the axle is bent." Ex. 1 (Video). As a result, Trooper Turk pursued the vehicle, activated his emergency lights, and conducted a traffic stop for the perceived violation.¹ Tr. at 6; Govt's Proposed Findings of Fact, at 1. As he exited his patrol car and approached the driver's side window of the vehicle, the video tape of this incident shows that Trooper Turk glanced at what he originally perceived to be a defective left tire. Ex. 1. He also noticed a black leather jacket, embroidered with the words "US Air Force" in the back seat. Tr. at 8; Govt's Proposed Findings of Fact, at 2.

Trooper Turk identified himself and advised the driver, Defendant Hermerejildo Magana, Jr. ("Magana") of the purpose of the traffic stop. Tr. at 9; Govt's Proposed Findings of Fact, at 2. Immediately, Magana advised Trooper Turk the tire was not defective, but that the rim was simply bent. Id.; Ex. 1. Magana handed Trooper Turk his Texas driver's license, which identified him as Hermerejildo Magana, Jr., and his insurance. Id. As Magana was handing over his license and insurance, Trooper Turk noticed he was nervous.² Id. After a few routine questions, Trooper Turk questioned Magana about the leather jacket, and Magana responded that he had it because it was raining in Laredo. Tr. at 12.

At this point, Trooper Turk observed the passenger compartment of the vehicle, and noticed a religious statue on the dash, and an air freshener hanging from the rearview mirror.³ Tr. at 13; Govt's Proposed Findings of Fact, at 3. Trooper Turk testified that from his experience "in previous drug seizures we have noticed that there's been religious symbols in vehicles when we've seized drugs from them." Tr. at 14. Trooper Turk testified that religious symbols are possibly indicators, along with other things, that increase his suspicion of drug trafficking. Id. He stated he considered the presence of a religious symbol as part of the "totality of the circumstances" when developing his suspicion about possible criminal activity. Id.

Trooper Turk requested that Magana exit the vehicle, and instructed him to wait behind the vehicle while he inspected the left rear tire. Id. at 15. Tropper Turk informed Magana that from the highway he could not tell if the tire was damaged, to which Magana again replied that the rim was bent. Ex. 1. Trooper Turk concluded the tire was okay, and the rim of the wheel was indeed bent as Magana had previously stated. Id. at 17. Therefore, Magana did not commit a traffic violation.⁴ Tr. at 17. Despite this fact, Trooper Turk detained Magana on the side of the road and continued to question him because he was suspicious of possible criminal activity.⁵ Id. at 18. Trooper Turk asked questions about where Magana was going, where he worked, and how much money he was carrying. Ex. 1. Magana responded to all of the questions and informed Trooper Turk he had about one hundred dollars.⁶ Id. Trooper Turk asked Magana several times why he was so nervous. Id. Magana repeatedly responded that he was not nervous, and ultimately stated that had never been stopped before. Id. Trooper Turk asked Magana if he was carrying anything illegal in his vehicle, such as marijuana, cocaine, or other drugs. Tr. at 18-19. Magana responded he was not, and that Trooper Turk could go ahead and search the vehicle. Id. at 19. At no point did Trooper Turk give Magana any indication he was free to leave.

While Magana was detained on the side of the highway, Trooper Turk returned to his patrol car with Magana's license and radioed dispatch for a criminal-history check. Ex. 1; Tr. at 19; Govt's Resp. to Def.'s Mot, to Suppress (Docket No. 18), at 4. He also requested another unit to assist him, and Deputy Toliver responded he was in route. Id. Trooper Turk then asked Magana for the specific address of his mother's house in Houston, which is where Magana was traveling. Ex. 1. He also asked Magana for consent to search his vehicle. Tr. at 19. After patting down Magana, and receiving consent, Trooper Turk searched the vehicle for fourteen minutes. Id. at 20; Govt's Resp. to Def.'s Mot. to Suppress, at 3. Trooper Turk began to search the trunk of the car and Magana's bag.⁷ Ex. 1. Eventually, Deputy Toliver arrived and assisted him. Tr. at 21. While looking under the hood, Trooper Turk and Deputy Toliver noticed postfactory alteration of bolts, which contained tool marks. Id. at 20-21. They loosened the bolts, pulled the fender back, and noticed a trap door. Id. at 22. They opened the trap door and noticed black bundles in the compartment. Id. After observing the black bundles, the officers placed Magana under arrest. Id. Later testing of the substance in the bundles revealed multiple kilograms of heroin. Id. at 23.

Magana filed his motion to suppress arguing his constitutional rights were violated because the stop, and search and seizure of his person and vehicle were without articulable reasonable suspicion and probable cause. Def.'s Mot. to Suppress (Docket No. 15) at 1-2. The Government argues the initial stop was legal, and although the purpose of the initial stop was fulfilled when Trooper Turk determined no violation had in fact occurred, articulable, reasonable suspicion existed to warrant extending the detention. Govt's Resp. to Def.'s Mot. to Suppress, at 8-9. For the reasons stated below, the Court finds Magana's First and Fourth Amendment rights were violated and therefore all of the evidence that resulted from the search and the illegal detention must be suppressed as "fruit from the poisonous tree."

Any finding of fact herein above which also constitutes a conclusion of law is adopted as a conclusion of law. Any conclusion of law herein made which also constitutes a finding of fact is hereby adopted as a finding of fact.

III. Discussion

The Fourth Amendment protects individuals against unreasonable searches and seizures. U.S. CONST, amend. IV. The purpose of the "Fourth Amendment is to `shield the citizen from unwarranted intrusions into his privacy.'" United States v. Ramon, 86 F.Supp.2d 665, 670 (W.D.Tex. 2000) (quoting Jones v. United States, 357 U.S. 493, 499, 78 S.Ct. 1253, 2 L.Ed.2d 1514 (1958)). Because the warrant procedure is impractical in exigent circumstances, traffic stops are governed by the proscription against "unreasonable searches and seizures." Terry v. Ohio, 392 U.S. 1, 20, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968). "Traffic stops are deemed seizures for the purposes of the Fourth Amendment." United States v. Lopez-Moreno, 420 F.3d 420, 430 (5th Cir.2005) cert. denied, 546 U.S. 1222, 126 S.Ct. 1449, 164 L.Ed.2d 146 (2006); United States v. Valadez, 267 F.3d 395, 397 (5th Cir.2001).

As a result, courts analyze the legality of traffic stops under the standard articulated in Terry v. Ohio, which sets out a two-tiered "reasonable suspicion" inquiry. Lopez-Moreno, 420 F.3d at 430; V...