US v. Castillo

• Decision Date: 26 January 1994
• Docket Number: No. 93-CR-261J.,93-CR-261J.
• Citation: 864 F. Supp. 1090
• Parties: UNITED STATES of America, Plaintiff, v. Maria A. CASTILLO, and Robert C. Sainz, Defendants.
• Court: U.S. District Court — District of Utah

864 F. Supp. 1090

UNITED STATES of America, Plaintiff, v. Maria A. CASTILLO, and Robert C. Sainz, Defendants.

No. 93-CR-261J.

United States District Court, D. Utah, Central Division.

January 26, 1994.

David J. Schwendiman, Kevin Sundwall, U.S. Attys. Office, State of Utah, Salt Lake City, UT, for plaintiff.

Deirdre A. Gorman, Farr, Kaufman, Sullivan, Ogden, UT, for Maria A. Casillo.

Reid Tateoka, McKay, Burton & Thurman, Salt Lake City, UT, for Robert C. Sainz.

ORDER

JENKINS, District Judge.

On October 6, 1993, defendants, Maria A. Castillo ("Castillo") and Robert C. Sainz ("Sainz") were indicted for unlawful possession of a controlled substance (marijuana) with intent to distribute in violation of Title 21 U.S.C. § 812 and aiding abetting therein in violation of Title 21 U.S.C. § 841(a)(1) and 18 U.S.C. § 2. In addition, defendants were indicted for knowingly using and carrying a firearm (a Colt .45 caliber handgun) during and in relation to a "drug trafficking crime ... for which they may be prosecuted in a court of the United States" in violation of 18 U.S.C. §§ 924(c)(1) and (2). These charges were partly based upon evidence obtained by Utah Highway Patrol Trooper Lynn McAfee ("Trooper McAfee") when he searched Sainz's bags located in the bed of defendants' truck on or about September 24, 1993,¹ without benefit of a search warrant.

The Constitution of the United States works for the benefit of all people found within the individual states or territories. The Fourth Amendment of the Constitution guarantees the rights of all individuals "to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures...." U.S. Const.Amend. IV.² Its provisions seek to inhibit overreaching by public officers, well motivated or not.

Relying on the Fourth Amendment's guarantee and the legal rules that give it meaning, defendants in this case moved to suppress evidence obtained in violation of the Fourth and Fourteenth Amendments.³ Defendants argue that evidence seized during a traffic stop and subsequent drug investigation on September 24, 1993, was obtained by Trooper McAfee in violation of defendants' Fourth Amendment rights, specifically: that the stop of their vehicle was pretextual and accomplished in violation of their right against unreasonable searches and seizures; that the total circumstances did not provide Trooper McAfee with reasonable suspicion to justify continued detention of defendants beyond that time necessary to process the traffic stop, and; and that defendant Castillo's "consent" to search the vehicle was not voluntary and was therefore invalid. In their response to defendant's motion to suppress, the United States argues that the stop was not pretextual, but made in the usual course of enforcement of traffic laws, that Trooper McAfee's request for consent was supported by objectively reasonable suspicion and that defendant Castillo's consent was voluntary.

The court held an evidentiary hearing on defendants' motion on December 23, 1993. Defendant Castillo was present and represented by Deirdre A. Gorman. Defendant Sainz was present and represented by Reid Tateoka. The government was represented by Assistant United States Attorney Kevin Sundwall. After hearing counsels' arguments, receiving evidence and hearing the testimony of Trooper McAfee, Utah Highway Sergeant Paul Mangelson ("Sergeant Mangelson"), and both defendants, the court requested that the government file a supplemental memorandum addressing authoritative case law, particularly United States v. Walker, 933 F.2d 812 (10th Cir.1991), and United States v. Guzman, 864 F.2d 1512 (10th Cir.1988), in the context of the circumstances surrounding the stop at issue in this case. The government filed its supplemental memorandum on December 30, 1993 (dkt. 38). Defendant Sainz filed his reply memorandum January 5, 1992 (dkt. 39) and defendant Castillo filed her reply January 6, 1993 (dkt. 40). On January 7, 1993, the court held a continued hearing on defendants' motion to suppress. Defendants were present and represented by their respective counsel as indicated above. The government was again represented by Kevin Sundwall.

FACTS

On or about September 24, 1993, at approximately 12:50 p.m., defendant Castillo, a hispanic woman, defendant Sainz, a hispanic man, and the couple's three-year old son, were travelling northbound on Interstate 15 in Juab County, Utah. Defendants were travelling in a new, custom-built, white Chevrolet pick-up truck. Trooper McAfee testified that he was in his patrol car travelling southbound (either sitting in the median or moving) on Interstate 15 near milepost 217 when he noticed defendants' truck approaching from the south. Transcript of Motion to Suppress Proceedings, December 23, 1993, at 7 ("Tr."). At that time, the trooper observed that defendants' truck had a darkly tinted driver's side window which he believed to be in violation of Utah Administrative Code R714-158-10.⁴ Tr. at 39. Trooper McAfee made a U-turn, crossed the median and pulled defendants over. Tr. at 39-40. The trooper testified that as he pulled behind the defendants' vehicle, he noticed that it had Texas license plates. Tr. at 40. Pursuant to instructions contained in a police bulletin issued by the central Utah Highway Patrol office, Trooper McAfee knew that he was authorized only to stop the car and give the driver a warning ticket.⁵ Tr. at 61, 73.

After stopping defendants' vehicle, Trooper McAfee exited his car and approached the vehicle and observed that the truck was customized. Tr. at 17-18. From this, the trooper deduced from this that it might contain a hidden compartment. Id. In particular, Trooper McAfee noted that there were caps on the tie down holes and fresh undercoating under the wheel wells. Id. Trooper McAfee testified that once he reached the driver's side of the truck he told the driver, defendant Castillo, his reason for pulling her over and asked for her license and registration. Tr. at 18-20. Trooper McAfee testified that as Castillo rolled down her window he noticed a strong odor of air freshener emanating from the cab of the truck.⁶ Tr. at 19, 63-64. Castillo produced a valid Washington State driver's license and a Texas registration. Tr. at 20-21. Allegedly, the registration was difficult to read so Trooper McAfee asked Castillo who owned the vehicle. Tr. at 21. Castillo told him that she and her uncle jointly owned the vehicle. Tr. at 21. Trooper McAfee testified that at that point he was satisfied that Castillo was in lawful possession of the vehicle. Tr. at 48 and 65-66.

Instead of issuing a warning citation at this point, Trooper McAfee chose to retain Castillo's license and registration and institute an inquiry into matters unrelated to the traffic stop. Specifically, he asked Castillo why she did not have a Texas driver's license. Tr. at 22-23. Castillo responded that "she'd been in Texas for a month—or they had been in Texas for a month looking for jobs, and they planned to move there and they were unable to find employment" (Tr. at 22.) and therefore "they" were returning to Washington. Tr. at 22-23. Trooper McAfee testified that as he continued his questioning, he observed that Castillo appeared more nervous, would not maintain eye-contact and briefly hesitated before answering his questions. Tr. at 23-24. Trooper McAfee asked defendants if they were employed in Washington state. Tr. at 23 and 25. Defendant Sainz told the trooper that he worked as a landscaper in Washington state. Tr. at 25. The trooper testified that he though it was odd that Sainz would leave his landscaping position for part of the months of August and September, so he asked Sainz if someone was working for him in his absence. Tr. at 25. Sainz replied that he flew down a week earlier to drive back to Washington with defendant Castillo.⁷ Id. Trooper McAfee testified that based on his observations up to this point, he was suspicious that defendants were transporting narcotics and asked defendant Castillo if there were any drugs in the vehicle. Tr. at 25. Castillo replied "no." Id. While still holding Castillo's license and registration, without further discussing the window tinting violation, writing a warning citation, or informing Castillo that she was free to go, Trooper McAfee asked Castillo if he could go ahead and look in the vehicle for drugs and she allegedly replied, "go ahead." Tr. at 26, 104.

At this point, Trooper McAfee returned to his vehicle, still retaining Castillo's license and registration, ran a records check on Castillo,⁸ issued a warning citation for the window tint violation,⁹ and filled out a consent to search form for Castillo to sign. Tr. at 2, 71-72. In addition Trooper McAfee called Utah Highway Patrol Sergeant Paul Mangelson, stating that he thought he had found a hidden compartment in a vehicle he had stopped and wished assistance. Tr. at 26-27. Trooper McAfee then returned to the driver's side of defendants' vehicle, returned Castillo's driver's license and registration, gave her the warning citation and asked her to read and sign the consent to search form, which she allegedly did. Tr. at 27-28.

Sergeant Mangelson arrived on the scene at approximately this point and officers began circling the truck, searching for hidden compartments. Tr. at 29-30. The trooper testified that during their examination of the truck bed he detected a strong odor of raw marijuana. Tr. at 30. At about the same time, Sergeant Mangelson made a fist and hit a black duffle bag that was among several located in the truck bed. Tr. at 30. Sergeant Mangelson then unzipped the bag and discovered six (6) "bales" of marijuana. Tr. at 30-31. Defendants were then placed under arrest and transported to the Juab County Sheriffs Office. Tr. at 31. The officers subsequently searched the other bags located in the truck bed and discovered a total of one-hundred-and-three (103) pounds of marijuana. See Tr. at...