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7th Circuit: traffic stop constitutional

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A traffic stop in which police found drugs after telling the defendant he was free to go did not violate the defendant's Fourth Amendment rights, ruled the 7th Circuit Court of Appeals today.

In U.S.A. v. Fernando Figueroa-Espana, No. 06-4270, Figueroa-Espana challenged the denial of his motion to suppress evidence and his sentence of 176 months for his guilty plea to one count of possession with intent to distribute 5 kilograms of cocaine.

An Indiana State trooper stopped Figueroa-Espana March 7, 2006, after seeing him tailgate a car while driving on Interstate 65. During the traffic stop, the police officer spoke in broken Spanish and English to Figueroa-Espana to try to figure out who owned the truck, if he had a valid driver's license, and his destination. Another trooper, who spoke better Spanish, came to the scene. Figueroa-Espana did not have a valid driver's license, did not own the truck he was driving, nor did he know who owned it. Figueroa-Espana told the second trooper he was in the country illegally; both troopers said Figueroa-Espana was acting nervous during the stop.

After issuing him a warning ticket and telling him he was free to go, the troopers decided to ask him some more questions and one honked his police horn, which caused the siren to go off briefly. The second trooper asked Figueroa-Espana if he could search the truck, and Figueroa-Espana consented. The troopers found hidden compartments containing approximately 10 kilograms of cocaine.

Figueroa-Espana was arrested, read his Miranda rights, and admitted to knowingly transporting the drugs. At trial, he filed a motion to suppress the drugs recovered from the search of the truck; the District Court denied his motion. Figueroa-Espana then entered a conditional guilty plea and was sentenced to 176 months in prison and five years' supervised release.

Figueroa-Espana argued that his Fourth Amendment rights were violated by the search of the truck, so the drugs recovered should not be allowed at trial. The Circuit Court found that his constitutional rights weren't violated because the troopers told Figueroa-Espana he was free to go at any time after he was given the ticket and the activation of the police siren did not indicate a new traffic stop. He was also told he didn't have to allow the troopers to search the truck, but he consented.

Figueroa-Espana did not own the truck he was driving and he had no reasonable expectation of privacy, so he would not have any constitutional protection over the search of the car, wrote Judge William Bauer.

Finally, Figueroa-Espana argued the District Court's sentence was affected by his motion to suppress evidence but, Judge Bauer wrote, the fact he lied repeatedly about who owned the truck impacted his sentence.

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  1. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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