United States v. Guevara, No. 13-1340 (8th Cir. 2013)
Annotate this CaseDefendant appealed her conviction for possession of methamphetamine with intent to distribute. The court concluded that the record showed that the trooper had probable cause necessary to make the traffic stop for improperly driving in the left lane, a reason the trooper articulated to defendant at the time of the stop; the court assumed, without deciding, that defendant had standing to challenge the search of the vehicle; because the troopers no longer needed defendant's consent to search once they discovered a hidden compartment, any effort to withdraw or limit her consent at that point would have been fruitless; the court affirmed the district court's finding that after the troopers discovered the hidden compartment, they had probable cause to continue the search; because defendant was read her Miranda rights, any statements she made at the garage or later at the Nebraska State Patrol Office were admissible; and, therefore, the court affirmed the judgment of the district court denying defendant's motion to suppress.
Court Description: Criminal case - Criminal law. Trooper had probable cause to make a traffic stop; assuming, without deciding that defendant had standing to challenge the search of the vehicle, the district court did not err in finding she consented to the search and any attempt to withdraw her consent after officers found a hidden compartment in the car was untimely; once the officers discovered the hidden compartment, they had probable cause to search the vehicle in a destructive way;troopers had probable cause for defendant's arrest once they had drilled into the compartment and it was clear the compartment was not empty.
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