United States v. Garcia
2013 U.S. Dist. LEXIS 144495
| N.D. Tex. | 2013Background
- Garcia moves to suppress all evidence from a warrantless stop of his pickup on I-35 near Waco, contending the stop was based on an improper assessment of a traffic violation.
- Trooper Ladd stopped Garcia for allegedly driving in the left lane without passing, purportedly in violation of Tex. Transp. Code § 544.011.
- Garcia argues there was no violation and no stop based on articulable facts; he also argues consent to search does not cure the taint of an unlawful stop.
- The Government contends the stop was lawful at inception because Garcia violated left-lane-for-passing restrictions; the stop yielded more than 11 kilograms of methamphetamine and other evidence.
- The court holds no reasonable suspicion supported the stop, given entrances to the highway between the sign and stop and the lack of notice of the sign, among other factors.
- The court grants Garcia’s motion to suppress all evidence obtained as a result of the stop and search, concluding the consent cannot dissociate the subsequent evidence from the unconstitutional stop.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was there reasonable suspicion to stop Garcia for a left-lane violation? | Garcia: no left-lane offense; no articulable facts. | Garcia in left lane without passing violated Sec. 544.011; officer had reasonable suspicion. | No reasonable suspicion; stop unlawful. |
| Did three highway entrances between the sign and stop negate notice and undermine the stop? | Garcia had no notice of sign; entrances undermine inference he passed sign. | Sign and proximity suffice; inference permitted. | Entrances between sign and stop preclude notice; stop unsupported. |
| Did Garcia's consent to search cure the taint of the unconstitutional stop? | Consent does not cure taint if stop unlawful. | Voluntary consent may dissipate taint if independent of violation. | Consent did not break the causal chain; taint remains. |
| Can evidence obtained from an illegal stop be admissible when consent during detention occurred? | Suppression of all evidence from the stop and search. | Consent could render evidence admissible if independent. | All evidence suppressed; taint not cured. |
Key Cases Cited
- United States v. Miller, 146 F.3d 274 (5th Cir. 1998) (probable cause or reasonable suspicion governs stop validity; burden on government)
- Chavez-Villarreal v. United States, 3 F.3d 124 (5th Cir. 1993) (causal chain in besonderen consent analysis; break in chain factors)
- United States v. Gomez, 623 F.3d 265 (5th Cir. 2010) (government bears burden to show reasonable suspicion for warrantless stop)
- Abney v. State, 394 S.W.3d 542 (Tex. Crim. App. 2013) (left-lane-for-passing can be a violation; notice and sign proximity critical)
- United States v. Jones, 234 F.3d 234 (5th Cir. 2000) (consent and voluntariness considerations in searches)
- Macias v. United States, 658 F.3d 509 (5th Cir. 2011) (voluntariness factors for consent to search)
- Lopez-Moreno v. United States, 420 F.3d 420 (5th Cir. 2005) (reasonableness of suspicion standard under Terry framework)
- United States v. Brigham, 382 F.3d 500 (5th Cir. 2004) (en banc on traffic stop reasonableness framework)