US v. Corral-Corral
| Decision Date | 21 December 1988 |
| Docket Number | No. CR88-0039J.,CR88-0039J. |
| Citation | 702 F. Supp. 1539 |
| Parties | The UNITED STATES of America, Plaintiff, v. Rene CORRAL-CORRAL and Cesar Garcia, Defendants. |
| Court | U.S. District Court — District of Wyoming |
Lisa Leschuck, Asst. U.S. Atty., Cheyenne, Wyo., for plaintiff.
Glenn A. Duncan, Laramie, Wyo., for defendants.
ORDER SUPPRESSING EVIDENCE
On 18 April 1988, at approximately 2:00 p.m., Wyoming highway patrolman Robert Todd Gregory was traveling in the eastbound lane of Interstate 80. At about milepost 297, approximately 13 miles west of Laramie, Wyoming, he observed a dark blue vehicle approaching from the east. Patrolman Gregory claims that his radar indicated this oncoming vehicle was traveling at 70 m.p.h. (R. 61) This vehicle, a 1983 Thunderbird, was driven by defendant Rene Corral-Corral (Corral). Defendant Corral claims that upon seeing the approaching patrol vehicle, he glanced at his speedometer, which read 65 m.p.h. (R. 351-52)
Patrolman Gregory crossed the median and pulled defendant Corral over. As both men stood beside the Corral vehicle, Patrolman Gregory informed Corral that he had been stopped for speeding and requested Corral's driver's license and car registration. (R. 63-64) The registration indicated that the car belonged to Javier Padilla. (R. 382) Corral explained that he had recently bought the car at a $1,000 discount because he was willing to pick it up and that he was heading back to California. (R. 64-66) Corral maintains this information concerning the purchase of the car was obtained as he later stood handcuffed in the barrow ditch. (R. 362) The court believes patrolman Gregory's account. It makes sense that such matters would be discussed immediately after discovery that Corral's name did not appear on the registration. An NCIC check did not reveal any problems. (R. 174-75)
Officer Gregory began writing Corral a warning ticket. While retaining the driver's license and registration, Patrolman Gregory asked Corral if he was carrying any firearms, large sums of money, or drugs. Corral responded that he was not. (R. 68, 353). Patrolman Gregory then asked if he could "look through" Corral's vehicle. Corral responded, "No, go ahead." (R. 353)
After returning to Corral's vehicle, the two men discovered that Corral had locked his keys inside it. With Corral's permission, patrolman Gregory unlocked the door by use of a "slim jim" device. (R. 70, 354) While "looking through" the car, patrolman Gregory found $810 in the left pocket of a trench coat located in the back seat. (R. 71) Corral explained that he was carrying this money in case of car trouble. Patrolman Gregory then asked Corral if he could "look in" the trunk. (R. 71, 358) Corral responded with words to the effect that, "Sure, he could look in my trunk." (R. 358)
After some difficulty with the trunk release button, Corral opened the trunk with the key. (R. 71, 358) Inside the trunk were at least three pieces of luggage. The testimony conflicts as to what occurred when patrolman Gregory grabbed the first piece of luggage, a brown duffel bag. Corral maintains that he then said, and that patrolman Gregory advised him to "step back from the vehicle." (R. 359) Patrolman Gregory maintains that Corral made no such request. (R. 73) Inside the third piece of luggage opened, patrolman Gregory found a large sum of cash (R. 73) (later determined to be $298,919). At the scene, Corral denied any knowledge of the money. (R. 73, 360).
At approximately 2:30 p.m., Patrolman Gregory handcuffed Corral and placed him in the barrow pit, about 15 feet from the vehicle. (R. 74, 360) At approximately 2:36 p.m., Sgt. Mike Johnson of the highway patrol arrived on the scene. About ten minutes after that, patrolman Lance Novak also arrived. (R. 75-76) Patrolman Novak says that upon arriving at the scene he was informed both by patrolman Gregory and Corral that consent had been given to search the vehicle. (R. 182) Nothing in any police report confirms that account. Corral denies verifying that he gave consent. (R. 368) During the search of the passenger compartment of the vehicle, patrolman Novak found "a small black fanny type of bag" containing various toiletries. A small brown box was located containing some gold colored lapel pins. Although the patrolmen's testimony conflicts on the sequence, two important events then occurred: (1) patrolman Novak discovered in a zippered compartment to the fanny pack a baggie containing a white substance, and (2) patrolman Gregory asked Corral if the lapel pins belonged to him. Patrolman Gregory testified that the question concerning the lapel pins followed the discovery of the white powder. (R. 77) Patrolman Novak testified differently. (R. 183) As patrolman Novak left the vehicle with the bag in his hand, Corral asked, "What's that?" Officer Novak responded, "What, this?" Corral replied, "That wasn't in the bag when I put the other things in there." (R. 184).
Patrolman Novak discovered the white substance at about 2:55 p.m. Patrolman Gregory arrested Corral at about 3:05 p.m. After being advised of his rights, Corral chose to remain silent. He was then transported to the Albany County Jail in Laramie, Wyoming. (R. 78, 118)
Tony Hinton, special agent with the Wyoming Division of Criminal Investigation, proceeded to Laramie from Cheyenne, Wyoming, with Dick McCoy, a drug enforcement administration (DEA) agent, and Al Bennett, an agent in the Wyoming Division of Criminal Investigation. In Laramie, Sgt. Johnson briefed them on the details of the stop and arrest. After inventorying the vehicle, Hinton obtained a statement from Officers Gregory and Novak. (R. 210-14) At about 9:45 p.m., Hinton, Bennett, and Corral drove back to Cheyenne. (R. 216) Certain conversations occurred during that trip.
On the trip to Cheyenne, agent Hinton told Corral to let him know if he got cold so he could turn the heater up. (R. 217) Corral describes Hinton's conduct on the trip as "very polite, very nice." (R. 367) Corral asked what would happen to him. Hinton explained the process in federal court. Hinton mentioned the possibility of Corral's cooperation in an investigation. (R. 217, 367) Corral rejected this idea for fear of being killed and as being against his morals. (R. 218, 387) Corral also expressed the view that he had been played for a fool. (R. 219, 386) Corral stated a hope that Hinton would not call Corral's parents. (R. 219, 393) Hinton also says that Corral asked him if he would look inside a suitcase if handed one. (R. 218) Corral described Hinton's testimony as "pretty accurate," but could not remember saying "they handed it to me and I took it." (R. 368)
While at the Laramie headquarters building, Hinton received a call from Bob Fulkerson of DEA, advising him that contact had been made with Pittsburg, California, detectives. (R. 214) At about 8:30 p.m. (MST), Hinton spoke over the phone with Sgt. Evan Kohler, head of the Pittsburg narcotics office. Hinton advised Kohler of the facts surrounding the arrest. He also advised Kohler of a subsequently learned fact — Corral was traveling from Aurora, Illinois. (R. 215) While waiting for Corral at the Albany County Jail, Hinton again called Kohler. At about 11:10 (MST), Hinton once more called Kohler (who had seized the premises at 110 Northstar Drive) to inform him that Corral would soon be using the phone. (R. 234) Corral telephoned 110 Northstar Drive several times (R. 389) but the collect charges were refused. (R. 263)
Based on the information before him, Kohler felt justified in seizing the premises at 110 Northstar Drive. At about 5:15 p.m. (PST), Kohler sent a detective there to set up surveillance until he could get enough officers to secure the premises. At 5:45 p.m. (PST), Kohler seized the premises. (R. 259)
At about 8:00 p.m. (PST), while Kohler was still preparing the affidavit for a search warrant, Manual (Cesar) Garcia and Hilario Corral entered the premises. Hilario Corral stated that he was Rene Corral-Corral's cousin and that he had just given Cesar Garcia, who claimed to be a resident of 110 Northstar Drive, a ride from the airport. To convince the officers that he was not involved in illegal activity he invited them to search his residence. After signing a consent form, Hilario Corral led two officers to his residence at 2160 Peach Tree Circle in Pittsburg. Cesar Garcia and his luggage were detained. (R. 261-62) After searching Hilario Corral's residence, the officers returned to 110 Northstar Drive with a red, white, and blue athletic bag allegedly belonging to defendant Corral. (R. 273-74)
At 1:35 a.m. on 19 April 1988, based on information contained in Sgt. Kohler's affidavit, municipal judge Bellici signed a search warrant for 110 Northstar Drive and for the bags of Garcia and Corral. Inside Garcia's suitcase officers found $31,000. Inside the red, white, and blue athletic bag officers found $77,000 and some scented wax. (R. 273-74) The search of 110 Northstar Drive uncovered a large, plastic-wrapped package of white powder (suspected cocaine), green plant material (suspected marijuana), indicia of occupancy, a Browning B-80 12-gauge shotgun, a Remington 22-caliber bolt action rifle, and a Browning 380-automatic handgun. (Return to Search Warrant pp. 1-2)
Patrolman Gregory claims to have stopped the Thunderbird driven by Corral for speeding. The maximum speed allowed on interstate highways in Wyoming is 65 m.p.h. Wyo.Stat. § 31-5-301(b)(iii) (Cum. Supp. June 1988). Upon observing a traffic offense, a patrolman may properly pull the vehicle over. Defendant Corral does not appear to contest these assertions. Instead, he argues that the initial stop was not for speeding, but was a pretext stop based on drug courier profile. Corral offers several arguments in favor of his pretext stop theory.
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