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United States v. Garcia

Appellant first challenges the denial of his motion to suppress the cocaine that officers found secreted inside stereo speakers in the cab of his truck. When an officer does not express the object of the search, the searched party, who knows the contents of the vehicle, has the responsibility explicitly to limit the scope of the search. Appellant did not qualify his consent to the officers, who therefore had general consent to search the truck. And while general consent to search a vehicle does not give an officer carte blanche over the vehicle, the search of appellant's truck cab was reasonable. 5th U.S. Circuit Court of Appeals, No. 09-40575, 04-14-2010

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Published opinion

Before GARWOOD, SMITH, and CLEMENT, Circuit Judges.

Lee Garcia was convicted, following a bench trial, of possessing with intent to distribute more than five kilograms of cocaine. On appeal, he challenges the denial of his motion to suppress the cocaine that officers found secreted inside stereo speakers in the cab of his truck. He also appeals his sentence, noting a discrepancy between the oral pronouncement and the written judgment. We affirm the conviction, which followed the denial of a motion to suppress. We vacate the sentence in the written judgment and remand for re-sentencing and for the correction of a clerical error.

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