Federal Circuits, 9th Cir. (June 15, 1992)
Docket number: 89-50502
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US Code - Title 21: Food and Drugs - 21 USC 841 - Sec. 841. Prohibited acts A
U.S. Supreme Court - Illinois v. Gates, 462 U.S. 213 (1983)
U.S. Supreme Court - Ybarra v. Illinois, 444 U.S. 85 (1979)
Before JAMES R. BROWNING, ALDISERT** and PREGERSON, Circuit Judges.
MEMORANDUM***Adolfo Estrada appeals his conviction by conditional guilty plea for possession of cocaine with intent to distribute, in violation of 21 U.S.C. 841(a)(1). He contends that the district court erred by denying his motion to suppress evidence because his warrantless arrest was not supported by probable cause. We have jurisdiction under 28 U.S.C. 1291, and we affirm.We review de novo the district court's finding that probable cause supported the arrest. United States v. Klein, 860 F.2d 1489, 1492 (9th Cir.1988). We review underlying factual findings for clear error. Id. at 1492-93.I.The facts are undisputed. In November 1988 a confidential informant told the police that an individual named Miguel Libutti was involved in dealing large quantities of cocaine in California and Hawaii. The informant stated that Libutti often allowed his Colombian "friends" to stay at his residence in Woodland Hills, California, and that Libutti, Myron Keene and "numerous Colombians" used Libutti's garage to store cocaine. On February 8, 1989, the informant told the police that a significant cocaine transaction was about to occur at Libutti's residence.While staking out the residence on February 14, 1989, the police watched Myron Keene walk to the garage and drive away in a van. The officers followed the van until Keene stopped and got out of the van. They then approached Keene, who gave them permission to search the van. The officers found 437 kilograms of cocaine.Shortly after the van left the house, one of the officers saw a taxicab pull into Libutti's driveway and pick up three passengers. Having been informed of the cocaine found in the van, the officer stopped the cab and arrested the three passengers, including the defendant-appellant, Adolfo Estrada. While searching the cab, the police found narcotics ledgers, $80,000 in cash and two portable cellular phones. Estrada subsequently waived his Miranda rights and made several incriminating statements. He admitted that he had been "sitting on" the house from which the dope-laden truck had emerged.II.On March 2, 1989, Estrada and four co-defendants were charged in a two-count indictment with conspiracy to possess with intent to distribute and to distribute over five kilograms of cocaine (count one), and with possession with intent to distribute 437 kilograms of cocaine (count two). Estrada subsequently filed a motion to suppress the evidence seized from the cab and the statements made incident to his arrest. He claimed that the police did not have probable cause to stop the cab and to arrest the passengers. Finding probable cause for the warrantless arrests, the district court denied the motion on May 24, 1989. The court stated:All right. Cab was seized, There at Cerrillos, right? the address. And the officers knew that a large quantity of cocaine had been seized by this time. And they then observed the cab drive away carrying three passengers. So they stopped the cab and these three passengers came out of the house there....Now there's certainly probable cause to look into that luggage. And there's no reasonable expectation of privacy that any of [them] have sitting in a cab like that, coming out of a drug house.....Not only that, but the fact this is a drug house. They start from--drugs had been found in the van. All other things we've heard here, when we put it all together, look at the total picture, as the Supreme Court has said, the totality of the picture, no doubt in my book, there's probable cause to stop the cab and to search those--and to arrest those three people in it.R.T. 5/23/89, at 150-51; Govt.E.R. at 10-11.On May 25, 1989, Estrada entered a conditional plea of guilty to count two, reserving the right to appeal the court's denial of his motion to suppress. The district court sentenced him to 136 months imprisonment, followed by five years of supervised release. In this appeal, Estrada argues that the district court erred in failing to suppress the fruits of his illegal arrest. He contends that his mere association with persons engaging in criminal drug activity was insufficient to establish probable cause to stop the cab and to arrest him and the other occupants.III.A warrantless arrest comports with the Fourth Amendment "only if, at the moment of arrest, facts and circumstances within the arresting officers' knowledge and of which they had reasonably trustworthy information were sufficient to warrant a prudent person in believing that the suspect had committed or was committing an offense." United States v. Pinion, 800 F.2d 976, 979 (9th Cir.1986), cert. denied,Try vLex for FREE for 3 days
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