United States v. Yosbel Rodriguez, 702 F.3d 206

Rodriguez and Izquierdo were arrested at a Border Patrol checkpoint outside Falfurrias, Texas after their tractor-trailer contained over 45 kilograms of marijuana in a concealed compartment.
The stop was prompted in part by a Border Patrol dog that alerted while around the truck.
They were indicted on conspiracy to possess with intent to distribute marijuana and possession with intent to distribute marijuana.
The defendants moved to suppress evidence, arguing Fourth Amendment violations from the warrantless arrests and a warrantless search of Rodriguez’s cell phone contents.
The district court denied the suppression motions and, after a jury trial, convicted them on both counts, sentencing them to concurrent 51-month terms.
They timely appealed challenging suppression rulings and related trial issues.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Was Rodriguez’s warrantless arrest supported by probable cause?	Rodriguez: no probable cause from mere presence in truck.	Rodriguez: occupants may be arrested when drugs found and ownership not established.	Probable cause supported arrest; affirm.
Was the cell phone search incident to arrest permissible under Finley and Gant?	Rodriguez: search exceeded permissible scope because phone found on person post-arrest and outside vehicle context.	Rodriguez: cell phone on person; Finley controls; Gant does not apply to this context.	Search of cell phone permissible; Finley controls notwithstanding Gant context.

Maryland v. Pringle, 540 U.S. 366 (2003) (warrantless arrest of all car occupants where ownership of drugs undisclosed)
Arizona v. Gant, 556 U.S. 332 (2009) (limits on vehicle search incident to arrest; containers therein)
Thornton v. United States, 541 U.S. 615 (2004) (vehicle-based searches justified when evidence of arrest might be found in vehicle)
United States v. Finley, 477 F.3d 250 (5th Cir. 2007) (cell phone search on arrestee’s person permissible as container search)
United States v. Sanchez-Pena, 336 F.3d 431 (5th Cir. 2003) (drug-detecting dog alert can provide probable cause)
United States v. Cano, 519 F.3d 512 (5th Cir. 2008) (waiver of suppression-issue arguments)
United States v. Scroggins, 599 F.3d 433 (5th Cir. 2010) (waiver and plain-error considerations in suppression challenges)
United States v. Solis, 299 F.3d 420 (5th Cir. 2002) (standard for reviewing suppression rulings)
United States v. Hunt, 253 F.3d 227 (5th Cir. 2001) (recounting standard for reviewing suppression evidence)