Defendant was stopped at the immigration checkpoint at Sarita, Texas. The license plate came back as flagged, so they more closely looked at the vehicle and asked for consent. \u201cThe Interpreter at the hearing noted that the Spanish phrase [used by the non-fluent officer] \u2018permitame revisar\u2019 does not include the English equivalent of \u2018please.\u2019 D.E. 22, p. 32. Defendant provided briefing to support that conclusion, which the Government has not disputed. So the language that the Court is evaluating is the equivalent of \u2018allow me to search your car in secondary.\u2019 Defendant argues that the use of \u2018allow\u2019 may be polite, but is still an instruction rather than a request for consent. This Court agrees.\u201d United States v. Vasquez-Gutierrez, 2015 U.S. Dist. LEXIS 11644 (S.D.Tex. February 2, 2015).<\/p>\n
The officers had detailed information for probable cause. Assuming there wasn\u2019t probable cause, there clearly was good faith under Leon. United States v. Rosensteel, 2015 U.S. Dist. LEXIS 10372 (D.Minn. January 8, 2015), adopted 2015 U.S. Dist. LEXIS 10561 (D.Minn. January 29, 2015).*<\/p>\n","protected":false},"excerpt":{"rendered":"
Defendant was stopped at the immigration checkpoint at Sarita, Texas. The license plate came back as flagged, so they more closely looked at the vehicle and asked for consent. \u201cThe Interpreter at the hearing noted that the Spanish phrase [used … Continue reading