United States v. Mendoza
2012 U.S. App. LEXIS 9673
| 8th Cir. | 2012Background
- Neighbor reported unusual activity at Louis Place residence; electricity listed in Quintero's name; red truck driver suspected as Mendoza/alias Quintero; Hummer registered to Quintero; officers suspected Mendoza’s cocaine distribution based on tips and relationships; Aug 1, 2007 surveillance with multiple officers followed the red truck; truck exhibited counter-surveillance driving and was stopped; driver identified as Quintero, later identified as Mendoza; a drug-dog sniff indicated cocaine odor; Mendoza consented to vehicle search and was eventually brought to Louis Place for a search; basement search revealed a cocaine-processing operation with residue and paraphernalia; officers obtained consent to search the residence which Mendoza indicated but did not sign; the search uncovered items indicating large-scale cocaine trafficking; Mendoza was indicted for conspiracy and possession with intent to distribute cocaine; suppression motion denied and Mendoza pled guilty in district court.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Validity of the roadside seizure and detention | Mendoza argues stop/detention was invalid | State relies on probable cause from erratic driving and license issues | Stop and detention upheld; dog sniff provided probable cause for further detention/search |
Key Cases Cited
- United States v. Frasher, 632 F.3d 450 (8th Cir. 2011) (standard for reviewing suppression rulings; credibility of testimony may be reviewed)
- United States v. Jones, 269 F.3d 919 (8th Cir. 2001) (probable cause for traffic stop; Fourth Amendment seizure principles)
- Terry v. Ohio, 392 U.S. 1 (1968) (reasonable articulable suspicion for stops; expanded scope of detentions)
- United States v. Bloomfield, 40 F.3d 910 (8th Cir. 1994) (investigative detention limits and scope during stop)
- United States v. Sanchez, 417 F.3d 971 (8th Cir. 2005) (permissible interrogations during investigative detentions)
- United States v. Place, 462 U.S. 696 (1983) (drug-dog sniff exterior search not a search; limits on intrusion)
- Illinois v. Caballes, 543 U.S. 405 (2005) (dog-sniff during traffic stop does not extend the stop)
- United States v. Prokupek, 632 F.3d 460 (8th Cir. 2011) (credibility/weight of witness testimony in probable-cause determinations)
- United States v. Sanders, 424 F.3d 768 (8th Cir. 2005) (consent to search and voluntariness standard)
- United States v. Roach, 164 F.3d 403 (8th Cir. 1998) (drug-quantity estimation when exact amount not proven)