United States v. Gonzalez-Basulto

United States Court of Appeals for the Fifth Circuit · Criminal Law

Criminal LawFourth AmendmentConsent SearchSentencing Guidelinesborder patrol checkpointsecondary inspectionconsent searchscope of consent

Facts

Border patrol agents stopped Gonzalez at a permanent immigration checkpoint while he was driving a refrigerated tractor-trailer and referred him to secondary inspection to verify his claimed citizenship. When an agent asked in Spanish whether he would mind opening the trailer for inspection, Gonzalez responded, "No problem," and unlocked and opened it. The trailer contained boxes of oranges and lemons, and drug-sniffing dogs were brought inside; one of the dogs alerted on brown boxes, which agents opened and found to contain cocaine. Gonzalez moved to suppress the cocaine, arguing his consent was involuntary or, alternatively, that the search exceeded the scope of his consent.

Issue

Whether the stop, referral to secondary inspection, and subsequent search of the trailer and boxes violated the Fourth Amendment because Gonzalez's consent was involuntary or because the agents exceeded the scope of that consent. Also, whether the district court erred in denying Gonzalez a two-level reduction for acceptance of responsibility.

Rule

Border patrol agents may briefly detain motorists at permanent immigration checkpoints to ask about citizenship and may refer them to secondary inspection without any particularized reason. Voluntariness of consent is a question of fact determined from the totality of the circumstances, guided by six primary factors: custodial status, coercive police procedures, cooperation, awareness of the right to refuse, education and intelligence, and belief that no incriminating evidence will be found. A dog sniff of closed boxes is not a Fourth Amendment search, and once a dog alerts on the boxes, agents have probable cause to search them; a reduction for acceptance of responsibility applies only if the defendant clearly demonstrates recognition and affirmative acceptance of personal responsibility for his criminal conduct.

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One of 10 multiple-choice questions for this case. Pick an answer to see why.

At a permanent immigration checkpoint outside Las Cruces, New Mexico, Mateo Rivas drove a box truck through the primary lane. An agent thought Mateo's answer about citizenship was uncertain and directed him to secondary inspection solely to ask additional questions, even though the agent had no specific suspicion of any crime.

If Mateo moves to suppress evidence later discovered at secondary inspection on the ground that the referral itself violated the Fourth Amendment, how should the court most likely rule?

Explanation. The majority opinion states that border patrol agents may briefly detain motorists at permanent immigration checkpoints to question them about citizenship and may refer them to secondary inspection without any particularized reason. On these facts, the referral itself was permissible, so suppression should be denied. (Derived from United States v. Gonzalez-Basulto (n.d.).)