United States v. George Martinez
708 F. App'x 822
| 5th Cir. | 2017Background
- At a Falfurrias, Texas border checkpoint, George Martinez drove a pickup with temporary paper tags; both occupants were openly drinking beer.
- Border Patrol Agent Carriaga observed the rear bumper and visible spare tire were unusually dirty (powdered mud) while the rest of the truck was clean; he believed smugglers hide contraband in spare tires and sometimes use mud to mask odor.
- Carriaga knelt and struck the spare tire’s sidewall with his palm; he heard/ felt a solid thud and interpreted that as indicating something inside the tire.
- The truck was referred to secondary inspection; Martinez consented to a search; a canine alerted to the spare tire area; agents removed and cut the tire and found nine bundles of marijuana (13.42 kg).
- Martinez moved to suppress, arguing the initial “smack” was an unlawful search tainting subsequent evidence; the district court denied suppression, Martinez pled guilty conditionally, and appealed.
- The Fifth Circuit affirmed, concluding Carriaga had probable cause to believe the vehicle contained contraband before striking the tire, so even if the strike were a search it did not violate the Fourth Amendment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether striking the spare tire was a Fourth Amendment search | Martinez: the physical contact (“smack”) was an illegal search that tainted later evidence | Gov’t: either the smack was not a search (no expectation of privacy in external spare) or it was justified because agents had reasonable suspicion/probable cause | Court avoided definitive ruling on expectation-of-privacy, held probable cause existed before the smack so no Fourth Amendment violation |
| Whether agents had probable cause to search the vehicle | Martinez: evidence insufficient to establish probable cause | Gov’t: totality of circumstances (paper tags, powdered mud localized to spare, occupants drinking, agent experience) supported probable cause | Held: totality of circumstances gave probable cause to believe contraband was in the vehicle prior to the strike |
| Whether the district court was alerted to probable-cause argument (waiver) | Martinez: Gov’t waived probable-cause argument by not raising it below | Gov’t: pre-trial briefing and hearing raised reasonable-suspicion/justification issue sufficiently to preserve appeal | Held: issue preserved; government’s below-the-line arguments sufficiently alerted district court |
| Admissibility of evidence discovered after canine and tire removal | Martinez: subsequent evidence tainted by unlawful initial act | Gov’t: later canine alert and search lawful because of probable cause | Held: evidence admissible because probable cause existed before the initial contact |
Key Cases Cited
- United States v. Guzman, 739 F.3d 241 (5th Cir.) (warrantless automobile search exception when probable cause exists)
- Maryland v. Dyson, 527 U.S. 465 (1999) (automobile may be searched without a warrant if probable cause exists and vehicle is readily mobile)
- United States v. Ortiz, 781 F.3d 221 (5th Cir.) (probable cause required for warrantless automobile searches)
- United States v. Broca-Martinez, 855 F.3d 675 (5th Cir.) (standard of review for suppression rulings)
- United States v. Monsivais, 848 F.3d 353 (5th Cir.) (government’s burden to justify warrantless search)
- United States v. Edwards, 577 F.2d 883 (5th Cir.) (probable cause assessed on totality of circumstances and officer synthesis)
- United States v. Reed, 882 F.2d 147 (5th Cir.) (practical, non-technical factors inform probable cause analysis)
- United States v. Nichols, 142 F.3d 857 (5th Cir.) (vehicle appearance can support suspicion)
- United States v. Inocencio, 40 F.3d 716 (5th Cir.) (agent experience and familiarity with area may be credited)
- St. Paul Surplus Lines Ins. Co. v. Settoon Towing, LLC, 720 F.3d 268 (5th Cir.) (arguments not raised below are generally waived)