963 F.3d 1014
9th Cir.2020Background
- Nevada Highway Patrol Trooper Chris Garcia stopped a tractor-trailer for speeding and smelled marijuana when he approached the cab.
- Driver Haseeb Malik initially admitted smoking a marijuana cigarette earlier that day (stated 6–7 hours earlier) and said he discarded the remainder.
- Garcia called for backup, frisked Malik and co-driver Abdul Majid, and during the frisk Malik changed his story to having smoked 3–4 hours earlier.
- Garcia searched the cab and containers and discovered 135 pounds of cocaine and 114 pounds of methamphetamine.
- Malik and Majid moved to suppress the narcotics; the district court granted suppression. The government appealed.
- The Ninth Circuit reviewed the suppression de novo and the district court’s factual findings for clear error, reversed, and remanded.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the district court erred by failing to assess the totality of the circumstances known to the officer (including Malik’s later contradictory statements) | The totality of the circumstances includes Malik’s changed statements during the stop; considering them, Garcia had probable cause. | The search lacked probable cause; the district court properly evaluated the relevant moment. | Reversed — the court must consider the totality of circumstances known to the officer, including the changed story. |
| Whether Garcia’s subjective motivations for the search matter | Fourth Amendment reasonableness is an objective inquiry; because the stop was supported by reasonable suspicion, the officer’s subjective motives are irrelevant. | The district court’s focus on the officer’s motivations undermined probable-cause analysis. | Reversed — subjective motivations are irrelevant where the stop was a criminal investigation supported by reasonable suspicion (administrative-search exception not controlling). |
| Whether Garcia had probable cause to search the cab and containers for evidence of Nevada-law violations (marijuana consumption in vehicle / DUI) | Malik’s admission and his shifting story gave Garcia probable cause to search for evidence of state-law offenses. | Nevada’s partial decriminalization and Malik’s assertion he discarded the remainder negate probable cause. | Reversed — Garcia had probable cause to search for evidence of Nevada-law violations based on the admission and inconsistent statements. |
Key Cases Cited
- Ashcroft v. al-Kidd, 563 U.S. 731 (U.S. 2011) (Fourth Amendment reasonableness is predominantly an objective inquiry)
- United States v. Orozco, 858 F.3d 1204 (9th Cir. 2017) (administrative-search context where actual motivations may matter)
- United States v. Ped, 943 F.3d 427 (9th Cir. 2019) (probable cause assessment considers the totality of circumstances known to officers)
- United States v. Pope, 686 F.3d 1078 (9th Cir. 2012) (officers may rely on suspect admissions in probable-cause analysis)
- District of Columbia v. Wesby, 138 S. Ct. 577 (U.S. 2018) (officers can disregard innocent explanations and may infer guilt from changed stories)
- United States v. Tan Duc Nguyen, 673 F.3d 1259 (9th Cir. 2012) (standard of review for suppression rulings)
- United States v. Barnes, 895 F.3d 1194 (9th Cir. 2018) (district court factual findings reviewed for clear error)