886 F.3d 542
5th Cir.2018Background
- On Jan. 13, 2016, Agent Tamez stopped Juan Perales for a broken brake light and a possible lack of insurance; Perales was the sole occupant of a Chevrolet Silverado.
- Perales produced ID and a 30-day insurance card found in the glove compartment; computer checks on the vehicle/registration were incomplete when the officer requested consent.
- Tamez asked Perales to exit the truck and sit in the front seat of the patrol unit while Tamez prepared a warning; Perales was unhandcuffed, doors unlocked, and not seatbelted.
- After some questioning (during which Tamez perceived inconsistent answers and other indicia of smuggling), Tamez asked for and received Perales’s consent to search the truck.
- The search uncovered ~2.99 kg of cocaine concealed in the engine compartment; Perales moved to suppress, arguing his consent was coerced.
- The district court denied suppression, finding consent voluntary; the Fifth Circuit affirmed, holding the district court did not clearly err.
Issues
| Issue | Plaintiff's Argument (Perales) | Defendant's Argument (Government/Agent Tamez) | Held |
|---|---|---|---|
| Whether consent to search the vehicle was voluntary | Retention of ID and sitting Perales in patrol unit rendered consent coercive — retention of documents indicates coercion | Retention of ID occurred during a lawful, ongoing stop and computer checks were not complete; placing Perales in patrol unit was routine/convenient and not coercive | Consent was voluntary; district court’s factual finding not clearly erroneous |
Key Cases Cited
- Schneckloth v. Bustamonte, 412 U.S. 218 (consent voluntariness is a totality-of-the-circumstances factual inquiry)
- United States v. Wise, 877 F.3d 209 (enumerates six-factor test for consent voluntariness)
- United States v. Cavitt, 550 F.3d 430 (officer’s retention of ID is a factor suggesting coercion but not dispositive)
- United States v. Brigham, 382 F.3d 500 (officer may examine license/registration and run computer checks during a justified stop)
- United States v. Rounds, 749 F.3d 326 (consent voluntariness is a factual finding reviewed for clear error)