United States v. Jesus Cervantes

BACKGROUND

On March 25, 2009, Detective Todd Hankel of the Los Angeles Police Department and his team of narcotics detec- tives and officers were conducting surveillance of a suspected narcotics stash house in Pacoima, California. Around 1:20 P.M., Hankel observed an unidentified male arrive at, and enter, the suspected stash house. A few minutes later, the unidentified male left the suspected stash house with a large white box and placed the box inside his truck.

Detective Hankel learned from his police radio that the unidentified male drove to a nearby street and pulled over to the curb. Hankel heard over the police radio that the unidenti- fied male got out of his truck with the white box, walked over to a white GMC Envoy, and handed the white box to a second unknown male who was later identified as Cervantes.

Twenty minutes later, Hankel heard over his radio that Cer- vantes drove his GMC Envoy to a nearby liquor store. Hankel observed Cervantes exiting the liquor store with a purchase, getting inside his GMC Envoy, and driving away.

Shortly thereafter, Hankel heard over his radio that Cervan- tes drove on Interstate 5 and exited at San Fernando Mission 5200 …

Opinion by Judge PREGERSON; Dissent by Judge IKUTA.

*801 OPINION

Jesus Antonio Ramos Cervantes appeals the district court’s denial of his motion to suppress evidence found in his vehicle. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we reverse.

BACKGROUND

On March 25, 2009, Detective Todd Hankel of the Los Angeles Police Department and his team of narcotics detectives and officers were conducting surveillance of a suspected narcotics stash house in Paeoima, California. Around 1:20 P.M., Hankel observed an unidentified male arrive at, and enter, the suspected stash house. A few minutes later, the unidentified male left the suspected stash house with a large white box and placed the box inside his truck.

Detective Hankel learned from his police radio that the unidentified male drove to a nearby street and pulled over to the curb. Hankel heard over the police radio that the unidentified male got out of his truck with the white box, walked over to a white GMC Envoy, and handed the white box to a second unknown male who was later identified as Cervantes.

Twenty minutes later, Hankel heard over- his radio that Cervantes drove his GMC Envoy to a nearby liquor store.…

dissenting:

We’ve given police' a simple, commonsense rule to deal with vehicles that are left unattended because' the driver has been placed under arrest. No complex legal analysis is required. The police merely have to determine whether it’s necessary to remove the vehicle from a public location in order to “prevent it from [1] creating a hazard to other drivers or [2] being a target for vandalism or theft.” Miranda v. City of Cornelius, 429 F.3d 858, 864 (9th Cir.2005); see also United States v. Jensen, 425 F.3d 698, 706 (9th Cir.2005) (holding that once an arrest is made, the community caretaking doctrine “allowfs] law enforcement officers to seize and remove any vehicle which may impede traffic, threaten public safety, or be subject to vandalism”). If the officers determine that either prong of this simple test is met, they may impound the vehicle in furtherance of their community caretaking function. See Miranda, 429 F.3d at 863-65 .

*808 But today, the majority wipes out this simple rule. The facts of this case meet the community caretaking test perfectly, and yet the majority holds that the doctrine is not applicable. Because the majority cannot articulate what…