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United States v. Jesus Cervantes
703 F.3d 1135
| 9th Cir. | 2012
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Background

  • 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)
Read the full case

Case Details

Case Name: United States v. Jesus Cervantes
Court Name: Court of Appeals for the Ninth Circuit
Date Published: May 17, 2012
Citation: 703 F.3d 1135
Docket Number: 09-50521
Court Abbreviation: 9th Cir.