ILNews

7th Circuit: traffic stop constitutional

Back to TopCommentsE-mailPrintBookmark and Share

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.

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Joseph Buser, Montgomery County Chief Prosecutor, has been involved in both representing the State of Indiana as Prosecutor while filing as Representing Attorney on behalf of himself and the State of Indiana in Civil Proceedings for seized cash and merchandise using a Verified Complaint For Forfeiture of Motor Vehicle, Us Currency And Reimbursement Of Costs, as is evident in Montgomery County Circuit Court Case Number 54C01-1401-MI-000018, CCS below, seen before Judge Harry Siamas, and filed on 01/13/2014. Sheriff Mark Castille is also named. All three defendants named by summons have prior convictions under Mr. Buser, which as the Indiana Supreme Court, in the opinion of The Matter of Mark R. McKinney, No. 18S00-0905-DI-220, stated that McKinney created a conflict of interest by simultaneously prosecuting drug offender cases while pocketing assets seized from defendants in those cases. All moneys that come from forfeitures MUST go to the COMMON SCHOOL FUND.

  2. I was incarcerated at that time for driving while suspended I have no felonies...i was placed on P block I remember several girls and myself asking about voting that day..and wasn't given a answer or means of voting..we were told after the election who won that was it.

  3. The number one way to reduce suffering would be to ban the breeding of fighting dogs. Fighting dogs maim and kill victim dogs Fighting dogs are the most essential piece of dog fighting Dog fighting will continue as long as fighting dogs are struggling to reach each other and maul another fih.longaphernalia

  4. Oh, and you fail to mention that you deprived the father of far FAR more time than he ever did you, even requiring officers to escort the children back into his care. Please, can you see that you had a huge part in "starting the war?" Patricia, i can't understand how painfully heartbreak ithis ordeal must have been for you. I read the appellate case and was surprised to see both sides of the story because your actions were harmful to your child; more so than the fathers. The evidence wasn't re weighed. It was properly reviewed for abuse of discretion as the trial court didn't consider whether a change of circumstance occurred or follow and define the statutes that led to their decision. Allowing a child to call a boyfriend "daddy" and the father by his first name is unacceptable. The first time custody was reversed to father was for very good reason. Self reflection in how you ultimately lost primary custody is the only way you will be able heal and move forward. Forgiveness of yourself comes after recognition and I truly hope you can get past the hurt and pain to allow your child the stability and care you recognized yourself that the father provides.

  5. Patricia, i can't understand how painfully heartbreak ithis ordeal must have been for you. I read the appellate case and was surprised to see both sides of the story because your actions were harmful to your child; more so than the fathers. The evidence wasn't re weighed. It was properly reviewed for abuse of discretion as the trial court didn't consider whether a change of circumstance occurred or follow and define the statutes that led to their decision. Allowing a child to call a boyfriend "daddy" and the father by his first name is unacceptable. The first time custody was reversed to father was for very good reason. Self reflection in how you ultimately lost primary custody is the only way you will be able heal and move forward. Forgiveness of yourself comes after recognition and I truly hope you can get past the hurt and pain to allow your child the stability and care you recognized yourself that the father provides.

ADVERTISEMENT