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United States v. Brian Paul Johnson

Citations: 895 F.2d 693; 1990 U.S. App. LEXIS 1212; 1990 WL 6596Docket: 89-2002

Court: Court of Appeals for the Tenth Circuit; February 1, 1990; Federal Appellate Court

Narrative Opinion Summary

In this case, the appellant challenged a district court's denial of his motion to suppress evidence obtained during a search at a Border Patrol checkpoint. The appellant was indicted for possession with intent to distribute marijuana under 21 U.S.C. § 841(a)(1). He argued that the Border Patrol agents lacked probable cause and consent for the search, violating his Fourth Amendment rights. During the suppression hearing, testimonies from Border Patrol Agents Suarez and Velasco as well as the appellant were presented. The agents noted suspicious behavior, including the smell of alcohol and the inability to provide vehicle registration, which justified directing the vehicle to a secondary inspection. At this secondary inspection, a marijuana cigarette was observed in plain view, establishing probable cause for a search. The district court ruled that the agents acted within their authority, and the search was valid. The appellant entered a conditional guilty plea, reserving the right to appeal the suppression motion's denial. The appellate court upheld the district court's decision, affirming that reasonable suspicion and probable cause were present, thus the search did not violate the appellant's Fourth Amendment rights. The ruling emphasized that checkpoint stops are permissible for brief inquiries and can extend to secondary inspections if reasonable suspicion exists.

Legal Issues Addressed

Fourth Amendment and Border Checkpoints

Application: The Fourth Amendment allows brief detentions at checkpoints for questions and document verification, and further actions if reasonable suspicion arises.

Reasoning: The Fourth Amendment does not require law enforcement to ignore suspicious behavior, supported by *United States v. Espinosa*.

Probable Cause for Warrantless Vehicle Search

Application: The presence of a marijuana cigarette in plain view provided probable cause for the warrantless search of the vehicle at the checkpoint.

Reasoning: The search of the vehicle, prompted by the visible large marijuana cigarette, was deemed valid.

Reasonable Suspicion for Secondary Inspection

Application: The court found that Agent Suarez had reasonable suspicion to direct the vehicle to secondary inspection based on the driver's inability to produce vehicle registration and the smell of alcohol.

Reasoning: Agent Suarez had reasonable suspicion to direct Johnson to secondary inspection after Johnson did not provide a registration form, as established in *United States v. Carreon*.

Scope of Inquiry at Border Checkpoints

Application: Customs officers are authorized to question vehicle occupants about their citizenship and suspicious behavior at checkpoints.

Reasoning: Border agents are authorized to question drivers and passengers regarding their citizenship and immigration status, as well as to investigate suspicious circumstances.