United States v. Robert Anthony Garcia

Robert Anthony Garcia entered a conditional plea of guilty to a charge of possession of counterfeit federal reserve notes, reserving his right to appeal the district court’s denial of his pretrial motion to suppress evidence. He also appeals his sentence. We affirm his conviction and reverse and remand for resentencing.

FACTS

On April 28, 1989 a little after 9:00 p.m., two California Highway Patrol Officers observed Garcia riding a motorcycle at a speed of between 80 and 90 miles per hour and weaving in and out of traffic on Interstate Highway 805 in the Chula Vista area. Garcia left the freeway on an exit which narrowed to one lane. The officers pursued, flashing their lights and sounding their siren. Garcia failed to stop and appeared to try, unsuccessfully, to pass the car that was directly in front of him. The officers used their public address system to tell him to stop. He complied. The officers ordered Garcia off his motorcycle and advised him of the reason for the stop. He dismounted and, taking a “fanny pack” from around his waist, he set it on the gas tank of his motorcycle in order to retrieve his license and registration as required by the officers. He left the fanny…