United States v. Calvo-Saucedo, 409 F. App'x 21

Calvo-Saucedo was stopped for a traffic violation on I-55 in Illinois; officers discovered nearly 10 kg of cocaine concealed in rocker panels beneath the doors.
Calvo pled guilty to possession with intent to distribute, reserving the right to appeal the denial of his motion to suppress.
District court held there was probable cause and consent for the roadside search; it also found no damage to the car and that consent could cover the molding removal.
Officer Thebeau pried up interior rocker-panel molding after obtaining Calvo’s consent and discovered cocaine through a hole.
After discovery, Calvo gave written consent to a more invasive search; the car was towed and the rocker panels opened, revealing cocaine in all four doors.
On appeal, Calvo contends the molding removal exceeded consent and that probable cause did not exist before the molding was pried.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Was molding removal within consent scope?	Calvo: removal exceeded consent.	Calvo: no, did not consent to that action.	Yes, within scope or broadened by consent.
Did probable cause exist to search before removing molding?	Probable cause required before prying molding.	Totality of circumstances supported probable cause.	Probable cause supported the search.
Was there damage to the car from molding removal?	Calvo alleged damage; district court found no clear evidence.	Removal caused damage; contested.	Actions within reasonable expectations of general consent; no clear error on damage.

Florida v. Jimeno, 500 U.S. 248 (–) (consent to search permits opening of compartments that can be opened without damage)
United States v. Siwek, 453 F.3d 1079 (8th Cir. 2006) (search inside drain hole upheld; de minimis damage allowed)
United States v. Garrido-Santana, 360 F.3d 565 (6th Cir. 2004) (scope of consent to search containers within car)
United States v. Torres, 32 F.3d 225 (7th Cir. 1994) (upholding search where screws loosened to inspect box; within consent)
United States v. Garcia, 604 F.3d 186 (5th Cir. 2010) (removal of speaker cover under general consent permissible)
United States v. Patterson, 97 F.3d 192 (7th Cir. 1996) (burden on defendant to limit scope of consent; lack of protest indicates broader consent)
United States v. Stribling, 94 F.3d 321 (7th Cir. 1996) (endorsement of broader implied consent under similar facts)
United States v. Mayo, 627 F.3d 709 (8th Cir. 2010) (upholding search where defendant did not protest broadened search)
United States v. Castelo, 415 F.3d 407 (5th Cir. 2005) (probable cause based on nervousness, altered documents, etc.)
Saucedo-Munoz v. United States, 307 F.3d 344 (5th Cir. 2002) (support for prob. cause based on similar indicators)
United States v. Funches, 327 F.3d 582 (7th Cir. 2003) (innocent explanations do not negate probable cause)
Gates v. Arizona, 462 U.S. 213 (1983) (probable cause based on totality of circumstances)