United States v. Mendoza, No. 15-7042 (10th Cir. 2016)
Annotate this CaseDefendant Ismael Mendoza appealed the denial of his motion to suppress drugs found in two ice chests in a vehicle he was driving. He argued: (1) that his consent to search the vehicle was invalid because he gave his consent while an officer was unlawfully detaining him; (2) that the search of the first chest exceeded the scope of his consent when the officer dumped its packaged contents (frozen seafood) on the pavement and pried open the chest’s lining; and (3) that the search and destruction of the second ice chest was unlawful because the officers did not have probable cause specific to that chest. After review, the Tenth Circuit affirmed. The officer had reasonable suspicion justifying Defendant’s detention when he consented to the search. The search of the first chest did not exceed the scope of Defendant’s consent; Defendant, who was observing the search, raised no objection to the manner of the search, and the officers’ actions did not destroy or render useless the chest or its contents before they saw a drug package in the lining. And the search of the second chest was lawful because the officers had probable cause to search the vehicle and destruction of the chest was reasonable in the circumstances.
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