People v. Garcia CA4/1

BACKGROUND

A. Factual Background1

Garcia was born in Tijuana, Mexico, and is a citizen of Mexico. He became a

lawful permanent resident of the United States through his ex-wife in 2005.

On January 9, 2014, San Diego Police Department officers stopped Garcia's

vehicle as part of a narcotics investigation conducted by the Narcotics Task Force.

Garcia was driving the vehicle when it was stopped. A search of the trunk revealed a

white trash bag that contained four brick-type packages of cocaine, each of which

weighed about one kilogram. Garcia was arrested.

After he waived his Miranda2 rights, Garcia told the officers that an unknown

male on a motorcycle, who had previously called him from a phone number in Mexico,

met him at a predetermined location, placed the white trash bag in his trunk, and told him

to keep the bag at his house for safekeeping until he received instructions on where to

meet later. Garcia admitted he had met the unknown male on several prior occasions,

and on each occasion the man had paid Garcia $400 to take the trash bag and keep it at

his home, and Garcia later had met the man at another location. Garcia also admitted he

suspected he was…