Filed: Jun. 16, 1999
Latest Update: Mar. 02, 2020
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 98-50797 Conference Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus ELSA VASQUEZ, Defendant-Appellant. - - - - - - - - - - Appeal from the United States District Court for the Western District of Texas USDC No. P-98-CR-62-1 - - - - - - - - - - June 16, 1999 Before EMILIO M. GARZA, BENAVIDES, and PARKER, Circuit Judges. PER CURIAM:* Elsa Vasquez appeals her conviction for possession with intent to distribute marijuana i
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 98-50797 Conference Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus ELSA VASQUEZ, Defendant-Appellant. - - - - - - - - - - Appeal from the United States District Court for the Western District of Texas USDC No. P-98-CR-62-1 - - - - - - - - - - June 16, 1999 Before EMILIO M. GARZA, BENAVIDES, and PARKER, Circuit Judges. PER CURIAM:* Elsa Vasquez appeals her conviction for possession with intent to distribute marijuana in..
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IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 98-50797
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ELSA VASQUEZ,
Defendant-Appellant.
- - - - - - - - - -
Appeal from the United States District Court
for the Western District of Texas
USDC No. P-98-CR-62-1
- - - - - - - - - -
June 16, 1999
Before EMILIO M. GARZA, BENAVIDES, and PARKER, Circuit Judges.
PER CURIAM:*
Elsa Vasquez appeals her conviction for possession with
intent to distribute marijuana in violation of 21 U.S.C.
§ 841(a)(1). She argues that the district court erred in denying
her motion to suppress the evidence seized from her automobile.
She argues that the “feeling” of the backseat of her automobile
was a search without probable cause, that the subsequent search
of the automobile was without probable cause, and that she did
not consent to the search of the automobile. The record
*
Pursuant to 5TH CIR. R. 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
No. 98-50797
-2-
indicates that agents had reasonable suspicion to stop Vasquez’s
vehicle because the vehicle was driving close to the United
States-Mexican border; it appeared dusty, indicating it had
crossed the border; it was traveling early in the morning at a
time when there was generally no traffic; and it decelerated
drastically after agents began following the car and began using
turn signals on ordinary curves in the road. See United States
v. Inocencio,
40 F.3d 716, 722 (5th Cir. 1994). Based on the
location of the vehicle, the dusty appearance of the vehicle, the
time of day the vehicle was observed, the vehicle’s deceleration
after agents began following it, Vasquez’s extreme nervousness
after being stopped, Vasquez’s implausible statement that she was
going to work at a tomato farm, and the agents’ general knowledge
and experience, the agents had probable cause to search the
vehicle. See United States v. McSween,
53 F.3d 684, 686 (5th
Cir. 1995). The record indicates that Vasquez’s consent to
search the automobile was voluntary, as Vasquez was not under
arrest at the time that she gave her consent, the border patrol
agents did not use any coercive procedures, Vasquez cooperated
fully and consented immediately upon request to a search of the
trunk and then the vehicle’s interior, and Vasquez did not
question or object to the search at any time. See United States
v. Cooper,
43 F.3d 140, 144 (5th Cir. 1995). Therefore, the
district court’s judgment is
AFFIRMED.