US v. Ibarra

• Citation: 725 F. Supp. 1195
• Decision Date: 15 November 1989
• Docket Number: No. CR89-0025J.,CR89-0025J.
• Parties: UNITED STATES of America, Plaintiff, v. Alejandro Garcia IBARRA, Defendant.
• Court: U.S. District Court — District of Wyoming

725 F. Supp. 1195

UNITED STATES of America, Plaintiff, v. Alejandro Garcia IBARRA, Defendant.

No. CR89-0025J.

United States District Court, D. Wyoming.

November 15, 1989.

Lesa Leschuck, Asst. U.S. Atty., Cheyenne, Wyo., for plaintiff.

Steven Kissinger, Cheyenne, Wyo., for defendant.

MEMORANDUM OPINION AND ORDER RULING ON MOTION TO SUPPRESS EVIDENCE

ALAN B. JOHNSON, District Judge.

On March 24, 1989, Alejandro Garcia Ibarra and his friend, Maria Linares, were traveling at a lawful rate of speed in a white 1981 Oldsmobile Cutlass with California tags east through Wyoming on Interstate 80. At that time, Wyoming Highway Patrolman Scott Mahaffey noticed the car because its driver, Ibarra, appeared to be driving at a rate of speed slightly slower than other traffic. He also observed that the car appeared to "weave" within its marked lane of traffic. Thinking that the driver of the car was intoxicated, Mahaffey followed the vehicle for approximately five miles during which he saw the vehicle pass two other vehicles by making what he characterized as "abrupt lane changes without the use of turn signals." At the time that the vehicle made one of the passes, Mahaffey noticed that the vehicle almost cut off a pickup truck. After observing intermittent weaving, Mahaffey stopped the vehicle to determine whether the driver was intoxicated.

Before getting out of his patrol car, Mahaffey noticed there were two persons in the Oldsmobile. He stepped out of his patrol car and approached the driver's side of Ibarra's vehicle and asked him for his driver's license, which Ibarra promptly produced. When Mahaffey informed Ibarra that he stopped him for failing to signal before passing and for weaving, Ibarra responded that he thought he had signaled, but perhaps he had not. Mahaffey returned to his patrol car where he issued a warning ticket to Ibarra for failing to signal when passing. Although Mahaffey stopped Ibarra on suspicion of drunk driving, he failed to pursue an investigation of this possible offense other than by conducting a cursory observation of Ibarra's appearance and behavior.

While in his patrol car, Mahaffey requested that his dispatcher check Ibarra's driver's license. The dispatcher indicated that Ibarra's license had been suspended for failure to pay reissue fees. Using his loud speaker, Mahaffey requested that Ibarra bring the vehicle registration to him. He told Ibarra about his suspended driver's license and that he would issue a citation to him for operating a motor vehicle with a suspended license, which required that Ibarra post a $220 appearance bond. Ibarra returned to his vehicle where he obtained the money for the bond, which he then gave to Mahaffey. Mahaffey, however, found a potential problem with the vehicle's registration, which showed that the vehicle belonged to Charles J. Petrocchi. Ibarra explained that he recently purchased the vehicle from Mr. Petrocchi. Because the ownership certificate and the registration did not indicate a transfer of ownership to Ibarra, Mahaffey requested that the dispatcher contact Petrocchi to determine the vehicle's ownership status. Meanwhile, a second Wyoming highway patrolman, Gregory Leazenby, arrived at the scene and sat in the back of Mahaffey's patrol car.

After paying the bond, Ibarra stated he had only about $40 left with which to travel to Chicago. Mahaffey proceeded to question Ibarra about his itinerary to which Ibarra reportedly gave conflicting answers. Ibarra first stated he was traveling to Chicago to visit friends. Mahaffey inquired whether Ibarra's friends in Chicago could send money to him to which Ibarra answered that he would need to call them and ask. Mahaffey continued his questioning and asked whether Ibarra's friends in Chicago were "friends" or "relatives." Ibarra replied "cousins." Upon further inquiry by Mahaffey, Ibarra stated he was moving to Chicago. Observing that Ibarra was traveling "light," Mahaffey became suspicious and asked Ibarra if the vehicle contained any "weapons, large amounts of money, or controlled substances" to which Ibarra answered, "No." Mahaffey then asked if he "could look at the contents" of Ibarra's car. Ibarra agreed. When the officers and Ibarra departed from the patrol car, Mahaffey asked Ibarra if he could look in the trunk. Without responding, Ibarra opened the trunk, which revealed several nylon bags. Without asking whether he could search these bags, Mahaffey opened them but discovered nothing unusual. Mahaffey then began to search the passenger compartment, while Leazenby continued searching the trunk.

After completing the search of Ibarra's vehicle, which revealed nothing illegal, Mahaffey informed Linares that Ibarra could not drive the car and that she would need to drive it provided she had a valid driver's license. Linares's driver's license, however, turned out to be expired. At this point, Mahaffey, without consulting with Ibarra, called for a private wrecker to tow Ibarra's vehicle into Laramie, which was a short distance away. He informed Ibarra that he needed to find a licensed driver before the car would be released.

Before the wrecker arrived, the officers separated Ibarra and Linares, and transported them in separate patrol cars to the Western Union station in Laramie. The officers took them there so that they could wire for extra money and find a licensed driver. During the trip to town, Mahaffey used his radio to speak to Charles Petrocchi's wife, who was then in telephonic contact with Mahaffey's dispatcher. Mrs. Petrocchi confirmed that her husband had in fact sold the vehicle to Ibarra. Mahaffey also discovered at this time that Ibarra had no liability insurance for the vehicle, which is mandatory in Wyoming.

After dropping off Ibarra and Linares at the Western Union station, the officers went to Warren's towing, the place where Ibarra's vehicle had been towed. Thinking they still had Ibarra's consent to search, they renewed their search of Ibarra's vehicle. While searching the trunk, Mahaffey noticed a plastic bag behind the spare tire and, after removing it, he found several clear plastic gloves and a large package wrapped with duct tape. Through a cut in the tape he saw a white powdery substance that turned out to be cocaine. Leazenby returned to the Western Union station to arrest Ibarra and Linares. Ibarra was later indicted by a federal grand jury for possession of cocaine with intent to distribute it in violation of 21 U.S.C. §§ 841(a)(1) and 841(b)(1)(B)(ii). On May 10, 1989, Ibarra filed a motion to suppress all evidence seized during the search and all evidence obtained therefrom, on the ground that the search violated the Fourth Amendment to the United States Constitution for four reasons: (1) the initial stop was unconstitutionally pretextual; (2) he revoked his consent before the second search occurred; (3) the seizure of his vehicle — i.e. impoundment — was unlawful; and (4) his initial consent to search was not freely and voluntarily given. The case came before the court for an evidentiary hearing held on September 12, 1989.

With few exceptions, the fourth amendment protects our right to privacy by prohibiting police from conducting searches without a warrant issued by a detached and neutral magistrate or court upon probable cause. "The security of one's privacy against arbitrary intrusion by the police — which is at the core of the fourth amendment — is basic to a free society." Wolf v. Colorado, 338 U.S. 25, 27, 69 S.Ct. 1359, 1361, 93 L.Ed. 1782 (1949). To give effect to the fourth amendment's guarantee against unreasonable searches and seizures, and to deter illegal police conduct, the court must apply the exclusionary rule and suppress any evidence unconstitutionally obtained. Nix v. Williams, 467 U.S. 431, 442-43, 104 S.Ct. 2501, 2508-09, 81 L.Ed.2d 377 (1984); Wong Sun v. United States, 371 U.S. 471, 484, 83 S.Ct. 407, 415, 9 L.Ed.2d 441 (1963); Weeks v. United States, 232 U.S. 383, 34 S.Ct. 341, 58 L.Ed. 652 (1914).

Some of the exceptions to the fourth amendments warrant requirement include the following: (1) a limited warrantless search following an arrest, Chimel v. California, 395 U.S. 752, 89 S.Ct. 2034, 23 L.Ed.2d 685 (1969); (2) A warrantless search of a vehicle as well as a warrantless search of all containers found therein where probable cause exists to believe the vehicle contains contraband, United States v. Ross, 456 U.S. 798, 825, 102 S.Ct. 2157, 2173, 72 L.Ed.2d 572 (1982); (3) a warrantless search done pursuant to consent, Schneckloth v. Bustamonte, 412 U.S. 218, 219, 93 S.Ct. 2041, 2043-44, 36 L.Ed.2d 854 (1973); (4) a warrantless inventory search of a vehicle conducted after the vehicle has been lawfully impounded by police, South Dakota v. Opperman, 428 U.S. 364, 96 S.Ct. 3092, 49 L.Ed.2d 1000 (1976) (plurality opinion). The government, of course, has the burden of showing by a preponderance of the evidence that a warrantless search comes within one of the exceptions to the fourth amendment's warrant requirement. Coolidge v. New Hampshire, 403 U.S. 443, 455, 91 S.Ct. 2022, 2032, 29 L.Ed.2d 564 (1971).

The court examines first Ibarra's argument that the evidence should be suppressed because the traffic stop was a pretext for Mahaffey to investigate more serious and unrelated criminal conduct for which he did not have reasonable suspicion needed to justify a detention. It is well established that a stop by police of a vehicle to detain its occupants, no matter how brief and limited its purpose, is a seizure within the meaning of the fourth amendment. Delaware v. Prouse, 440 U.S. 648, 653, 99 S.Ct. 1391, 1395, 59 L.Ed.2d 660 (1979). Police may stop a vehicle traveling on a public highway whenever they have probable cause to believe or reasonable suspicion that the vehicle is being driven in violation of the state's motor vehicle laws. Id. 440 U.S. at 663, 99 S.Ct. at 1401; see also United States v. Neu, 879 F.2d 805 (10th Cir.1989...