United States v. Chavez
2011 U.S. App. LEXIS 20981
| 10th Cir. | 2011Background
- Chavez was stopped in a Wal-Mart parking lot at ~2 a.m. after a 911 caller reported a disturbance and provided vehicle descriptions and license plate numbers.
- Officer McColley initiated the stop, observed Chavez’s bloodshot/watery eyes and odor of alcohol, and Chavez admitted drinking later in the encounter.
- Canine and routine questioning followed; Chavez initially consented to an interior search but refused to search the trunk, and no contraband was found during the initial search.
- Chavez was arrested for DWI; the Cadillac was taken to the station, and the next morning a dog-assisted exterior search led to a warrant-supported trunk search.
- In the trunk, officers found about one-third of a pound each of cocaine and marijuana.
- Chavez was indicted for possession with intent to distribute cocaine; at sentencing, he was deemed a career offender based on a prior attempted drug trafficking conviction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the stop was supported by reasonable suspicion | Chavez argues the stop lacked reasonable suspicion. | Chavez contends the stop was lawful given corroborated anonymous tip. | Stop supported by reasonable suspicion; suppression denied. |
| Whether there was probable cause to arrest for DWI and whether detention/search extended improperly | Chavez claims lack of probable cause and unlawful detention/expansion of search. | Officers had probable cause based on odor, bloodshot eyes, admissions, and field sobriety cues. | Probable cause to arrest; detention and search within constitutional bounds. |
| Whether Chavez's prior attempted drug trafficking qualifies as a controlled substance offense for career offender status | Chavez argues attempts cannot be predicate offenses under §4B1.1. | Commission's commentary expands to include attempts as controlled substance offenses. | Yes; attempted drug trafficking constitutes a controlled substance offense for career offender status. |
Key Cases Cited
- Whren v. United States, 517 U.S. 806 (Supreme Court 1996) (traffic stops are seizures; objective standard governs probable cause/suspicion)
- Florida v. J.L., 529 U.S. 266 (Supreme Court 2000) (anonymous tips require reliability and corroboration for stop)
- Brown v. United States, 496 F.3d 1070 (10th Cir. 2007) (nonanonymous tips with identifiable details can support reliability)
- Rodriguez-Rodriguez, 550 F.3d 1223 (10th Cir. 2011) (probable cause can justify extension of a stop for canine search)
- Allen, 24 F.3d 1180 (10th Cir. 1994) (Congress broad discretion to define career offenders; conspiracy-related offenses contemplated)
- Stinson v. United States, 508 U.S. 36 (Supreme Court 1993) (rule that guidelines commentary is authoritative unless unconstitutional)
- McHugh, 639 F.3d 1250 (10th Cir. 2011) (reasonable suspicion analysis in traffic stops relies on totality of the circumstances)