United States v. Jesus Cervantes
703 F.3d 1135
| 9th Cir. | 2012Background
- Detective Hankel surveilled a suspected narcotics stash house and observed a man deliver a white box to Cervantes.
- Cervantes then drove to a liquor store, purchased items, and later used a non-direct route, fueling Hankel's counter-surveillance concern.
- Officers stopped Cervantes for failing to stop at the limit line and performed a pat-down after failing to locate a license, leading to an impoundment and inventory search.
- During the inventory search, officers found a white cardboard box containing approximately two kilograms of cocaine.
- Cervantes was arrested for transporting narcotics; DMV records later confirmed Cervantes had a valid license.
- The district court denied suppression, ruling the impoundment/search were justified by the community caretaking exception or, alternatively, by the automobile exception.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Probable cause for automobile search | Cervantes | Cervantes | Probable cause lacking; automobile exception fails |
| Community caretaking justification for impoundment | Cervantes | Cervantes | Impairment not justified; impoundment invalid |
Key Cases Cited
- California v. Acevedo, 500 U.S. 565 (U.S. 1991) (probable cause to search a container inside a vehicle)
- United States v. Gates, 462 U.S. 213 (U.S. 1983) (totality-of-the-circumstances probable cause standard)
- United States v. Thomas, 211 F.3d 1186 (9th Cir. 2000) (conclusory stash-house allegations insufficient for probable cause)
- Miranda v. City of Cornelius, 429 F.3d 858 (9th Cir. 2005) (community caretaking requires caretaking function for impoundment)
- Opperman, 428 U.S. 364 (U.S. 1976) (inventory searches must follow standard procedures; caretaking function for impoundment)
- United States v. Caseres, 533 F.3d 1064 (9th Cir. 2008) (inventory search unconstitutional when caretaking function not shown)
