United States v. Jose Rodrigo Vasquez, United States of America v. Gustavo Arias Gomez

Jose Rodrigo Vasquez was arrested when he delivered to an undercover police officer five one-kilogram packages of cocaine contained in a red gym bag. After his arrest, the police conducted a warrant-less search of his car, and of several items found in the car. The police asked Vasquez if he had any more cocaine at his apartment. Vasquez replied that he did not know what the police were talking about and that they could search his apartment.

At Vasquez’s apartment, which was being used by Gustavo Arias Gomez at the time, the police conducted another search during which they seized in excess of twenty-five kilograms of cocaine and $85,000 in cash found hidden in the apartment. They also seized miscellaneous narcotics paraphernalia and photographs showing Vasquez counting large sums of money.

During their trial, Vasquez and Gomez moved to suppress the evidence found in the car and the apartment. The government objected to the untimely suppression motion, but the court decided to hear argument on the motion after the jury had left to deliberate. At the hearing, the court concluded that Vasquez had given voluntary consent to the search of the apartment, that the searches of the car…