United States v. Faustino Gutierrez-Mederos

Good Law

92 Daily Journal DAR 7563·965 F.2d 800·1992 WL 118871·1992 U.S. App. LEXIS 12518·92 Cal. Daily Op. Serv. 4755

United States Court of Appeals for the Ninth CircuitJune 5, 199291-30128California1,297 words

Opinion

Canby, J.

Faustino Gutierrez-Mederos contends that his conviction rests on evidence obtained as the result of an unconstitutional search. We affirm.

BACKGROUND

On July 19,1990, Trooper John Anderson of the Oregon State Patrol noticed a 1983 Chevrolet Camaro with California license plates tailgating a van on Interstate 5. Anderson stopped the car and informed the driver, Gutierrez-Mederos, that he had been pulled over for following too closely and failing to signal a lane change. After further conversation not relevant to this case, Anderson asked Gutierrez-Mederos and his companion, Enrique Garcia-Navarro, whether they had any drugs or weapons in the car. Each responded in the negative. Anderson then asked if he could search the car. Gutierrez-Mederos responded, “Yeah, go ahead. I have no problem with it.”

Anderson went to the hatchback, which Gutierrez-Mederos already had opened, and removed the keys from the hatchback lock. He then used the keys to open a side panel compartment inside the hatchback area. Inside the compartment were various tools and other items. Anderson also noticed a loose cardboard divider, which he pulled away. Inside were two plastic bags and a yellow brick-shaped…

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