United States v. Jose Avendano

MEMORANDUM

Jose Manuel Avendano entered a conditional guilty plea to a one-count indictment charging possession with intent to distribute cocaine, in violation of 21 U.S.C. § 841 (a) and (b), following the denial of his motion to suppress evidence found during a vehicle search upon his arrest. We have jurisdiction under 28 U.S.C. § 1291 , and review the lawfulness of a search and the denial of a motion to suppress de novo. United States v. Ruches, 586 F.3d 713 , 716 (9th Cir.2009). We reverse.

Police officers stopped Avendano after they saw him park and exit a vehicle that was missing its front license plate. After Avendano failed to produce identification, an officer discovered an outstanding warrant for his arrest for driving on a suspended license. An officer then arrested Avendano and placed him in the back of a patrol car, stationed roughly thirty yards away from his vehicle. Another officer searched Avendano’s vehicle and discovered four large bricks of cocaine. The district court correctly applied then controlling law, and denied Avendano’s motion to suppress on search incident to arrest grounds. See Thornton v. United States, 541 U.S. 615, 623 , 124 S.Ct. 2127 , 158…