United States v. Sandoval
4:10-cr-02991
D. Ariz.May 19, 2011Background
- Defendant Veronica Sandoval is charged with possession with intent to distribute 100 kg+ of marijuana (21 U.S.C. § 841(a)(1), (b)(1)(B)(vii)).
- Sandoval moves to suppress evidence; government contends stop was lawful under reasonable suspicion of emissions violation and drug transport based on a tip.
- Suppression hearing held April 11, 2011, with ICE Agent Acevedo and Marshal Cloud testifying about the stop and subsequent search.
- An informant (unknown to Sandoval) tipped that a blue Ford pickup with a white trailer would transport drugs east on Highway 82; tip aided the stop.
- Marshal Cloud observed excessive smoke from Sandoval’s diesel pickup over 3–4 miles in clear weather, leading to a traffic stop for emission-related concerns under A.R.S. § 28-955.
- After the stop, Sandoval consented to a vehicle search, a K9 alerted to the trailer, and marijuana was found hidden in the feeder stall; separate testimony questioned emissions video and weather data.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the stop was based on reasonable suspicion | Cloud relied on excessive emissions and informant tip | Tip and emissions alone do not justify reasonable suspicion | Yes; stop supported by reasonable suspicion. |
| Whether the informant tip was reliable enough to justify the stop | Tip from a known, non-agency informant corroborated by police observation | Tip credibility uncertain and not enough corroboration | Yes; tip reliability supported by source credibility and corroboration. |
| Whether the vehicle search was valid given consent and scope | Consent obtained and extended to agents; no misrepresentation | Consent tainted or improperly limited to emission issue | Yes; consent valid and scope extended to all agents. |
Key Cases Cited
- Whren v. United States, 517 U.S. 806 (U.S. 1996) (traffic stops permissible if a suspected violation provides reasonable suspicion)
- United States v. Arvizu, 534 U.S. 266 (U.S. 2002) (totality of the circumstances standard for reasonable suspicion)
- United States v. Miranda-Guerena, 445 F.3d 1233 (9th Cir. 2006) (reasonable suspicion may arise from multiple contextual factors)
- United States v. Rowland, 464 F.3d 899 (9th Cir. 2006) (informant tip reliability factors; corroboration enhances reliability)
- United States v. Ramirez, 473 F.3d 1026 (9th Cir. 2007) (collective knowledge doctrine; officer can rely on others’ reasonable suspicion)
- United States v. Brignoni-Ponce, 422 U.S. 873 (U.S. 1975) (border-area factors for reasonable suspicion in traffic stops)
- United States v. Bosse, 898 F.2d 113 (9th Cir. 1990) (misrepresentation concerns in obtaining consent to search)
- Rovario v. United States, 353 U.S. 53 (U.S. 1957) (necessity of particularized showing for informant-derived information)