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UNITED STATES v. HERNANDEZ DAVALOS (2021)

United States Court of Appeals, Ninth Circuit.2021-04-21No. No. 20-30062

Summary

Holding. The district court's denial of the motion to suppress was affirmed because the officer possessed probable cause under the automobile exception to search the vehicle without a warrant.

Jose Hernandez-Davalos challenged the district court's refusal to suppress evidence obtained from a warrantless search of his pickup truck. A police officer stopped him after a 911 report of shots fired from a white pickup truck in the area. The officer observed Hernandez-Davalos attempt to evade detection, heard him admit to firing shots, found his explanation inconsistent with physical evidence, and saw a rifle visible in the truck's rear seat.

The appellate court upheld the search under the automobile exception to the warrant requirement. This exception permits warrantless vehicle searches when officers have probable cause to believe contraband or evidence of crime is present. The court found that the officer had assembled sufficient facts—the 911 report's reliability, the evasive conduct, the defendant's admissions combined with credibility concerns, and the visible rifle—to establish a fair probability that evidence of illegally firing a weapon from a public highway would be found in the vehicle.

Summary generated by law.co from the public-domain opinion. The opinion text itself is public domain.

Key issues

  • Whether warrantless vehicle search fell within automobile exception
  • Whether officer had probable cause to search truck for evidence of firing weapon from roadway
  • Reliability of 911 caller report combined with officer observations

Procedural posture

Hernandez-Davalos appealed the district court's denial of his suppression motion regarding evidence seized from a warrantless vehicle search.

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

MEMORANDUM ***

Jose Hernandez-Davalos appeals the district courts denial of his motion to suppress evidence seized from a warrantless search of his vehicle. We have jurisdiction under 28 U.S.C. § 1291. We review the district courts determination of probable cause de novo and factual findings for clear error, and we affirm. Ornelas v. United States, 517 U.S. 690, 699, 116 S.Ct. 1657, 134 L.Ed.2d 911 (1996); United States v. Williamson, 439 F.3d 1125, 1134 n.8 (9th Cir. 2006).

The district court correctly denied the motion to suppress pursuant to the automobile exception because the searching officer, Rick Scruggs, had probable cause to believe evidence of a crime would be found in Hernandez-Davaloss pickup truck. The automobile exception permits a warrantless search of a vehicle when law enforcement officers have “probable cause to believe contraband or evidence is contained” therein. California v. Acevedo, 500 U.S. 565, 580, 111 S.Ct. 1982, 114 L.Ed.2d 619 (1991). Scruggs reasonably inferred that there was “a fair probability” that, given the totality of the circumstances, “contraband or evidence of a crime [would] be found in” Hernandez-Davaloss white pickup truck. Illinois v. Gates, 462 U.S. 213, 238, 103 S.Ct. 2317, 76 L.Ed.2d 527 (1983). In particular, the facts suggested that Hernandez-Davalos had committed the crime of shooting a firearm from a public highway, in violation of Idaho Code § 36-1508(a).

Probable cause for the search blossomed out of the following four pieces of evidence: (1) the 911 call that bore independent indicia of reliability, (2) Hernandez-Davaloss behavior in eluding detection by Scruggs, (3) Hernandez-Davaloss incriminating statements, and (4) the presence of a rifle in the backseat of the truck visible through the window. First, a 911 caller reported that shots had been fired by a man driving a white pickup truck at or around the address where Hernandez-Davalos was found driving a white pickup truck, and the driver had been firing shots, getting back in the truck again, driving slowly, and repeating this behavior. Second, the district court found that “Scruggs reported that when he attempted to stop Hernandez, Hernandez briefly attempted to elude him by pulling into an area between two corrals and shutting off his headlights.” Third, Hernandez-Davalos admitted firing shots and, although Hernandez-Davalos told Scruggs that he had been shooting near the house (rather than from the roadway), Scruggs had reason to doubt the veracity of that statement given that he found no shell casings where Hernandez-Davalos asserted that he had shot from. Finally, Scruggs saw a rifle in the backseat of the truck. In sum, Scruggs had probable cause to believe that evidence of a crime—shooting from a roadway—could be found in the truck, justifying the warrantless search under the automobile exception.

AFFIRMED.