Second Circuit allows warrantless search of unhitched trailer under automobile exception to Fourth Amendment’s warrant requirement
March 8, 2010 by Marshall A. Mintz · Leave a Comment
In United States v. Navas, 09-1144-cr, the Second Circuit reversed the district court’s finding that the warrantless search of a trailer – which was unhitched from its cab and parked in a warehouse – was prohibited by the Fourth Amendment.
After being tipped off by a confidential informant and obtaining a warrant to track the location of Navas’s cell phone, agents discovered the phone approaching the Bronx and set up surveillance at the Hunts Point Terminal Market. At that point, Navas was seen unloading a tractor trailer with another defendant. The two then drove the tractor trailer to a private warehouse, where they detached the trailer and drove away, leaving the trailer locked inside. They then proceeded to a McDonald’s where they met with several other individuals and were all arrested.
Agents transported everyone back to the warehouse, and, during a pat-down of one of the defendants, found a garage door opener. While that individual claimed the opener was for his home, one of the agents testified that it opened the door to the warehouse when the agent “inadvertently” touched it.
When agents entered the warehouse, they “examined the top of the trailer and observed physical indicia of a secret compartment. The agents then “ripped off the sheet metal roof” of the trailer, discovered 230 kilograms of cocaine, and promptly seized the contraband.
The district court held that the automobile exception to the Fourth Amendment’s warrant requirement,“generally relates to some type of vehicle that is capable of moving on its own,” and “[a] stationary trailer, detached from a tractor cab with its legs dropped, and stored inside a warehouse, is not a vehicle that is readily mobile or in use for transportation.” As such, the district court granted defendants’ suppression motion.
The Second Circuit began its analysis by recognizing that the automobile exception permits law enforcement to conduct a warrantless search of a readily mobile vehicle where there is probable cause to believe that the vehicle contains contraband. See, Pennsylvania v. Labron, 518 U.S. 938, 940 (1996). That exception is based on two rationales: the inherent mobility of a vehicle and the diminished expectation of privacy in their contents. See, e.g., California v. Carney, 471 U.S. 386, 391 (1985); see also United States v. Howard, 489 F.3d 484, 492 (2d Cir. 2007).
The Second Circuit concluded that the trailer was “readily mobile” because “[w]hether a vehicle is ‘readily mobile’ within the meaning of the automobile exception has more to do with the inherent mobility of the vehicle than with the potential for the vehicle to be moved from the jurisdiction, thereby precluding a search.” Citing Howard, 489 F.3d at 493. The Court also found the reduced-privacy rationale to apply “forcefully,” in part because of the myriad state and federal regulations on such trailers.
New York Times Editorial on the Need for Crack Cocaine Sentencing Reform
March 4, 2010 by Marshall A. Mintz · Leave a Comment
A recent editorial in the New York Times discusses the need to reform crack cocaine sentencing, and the potential backlash against lawmakers who support it.
Article on Honest Services Fraud
November 24, 2009 by Marshall A. Mintz · Leave a Comment
The New York Federal Criminal Practice blog featured an article I wrote on a case out of the Eastern District of New York involving a prosecution for honest services fraud. The case presented two interesting issues: (1) what distinguishes bribery/kickback frauds from frauds involving self-dealing; and, (2) when is a statement made by an attorney admissible against his client at trial.
That article can be found here.
Crack guidelines and Equal Protection
October 5, 2009 by Marshall A. Mintz · Leave a Comment
In an unpublished Summary Order, the Second Circuit said, yet again, that the 100-to-1 powder to crack cocaine ratio employed by the Sentencing Guidelines does not violate the Equal Protection Clause of the Fifth Amendment because it is rationally related to the legitimate governmental interest of protecting the public against the greater dangers of crack. Citing, e.g., United States v. Stevens, 19 F.3d 93, 26 97 (2d Cir. 1994) (“[W]e join six other circuits that have similarly held that the Guidelines’ 100 to 1 ratio of powder cocaine to crack cocaine has a rational basis and does not violate equal protection principles.”); United States v. Samas, 561 F.3d 108, 110 (2d Cir. 2009); United States v. Lee, 523 F.3d 104, 106 (2d Cir. 2008) (“It is not apparent to us that the principles set forth in Kimbrough [v. United States, 552 U.S. 85 (2007)] have any application to mandatory minimum sentences imposed by statute.”)
What does this mean? Nothing new. This argument has been made and rejected for years. The real battle now is over revising the Guidelines to use a 1:1 ratio and getting rid of mandatory minimum sentences.
Marshall A. Mintz is a criminal defense lawyer in New York City who has experience with a vast variety of criminal matters, ranging from high‑profile federal trials to simple prosecutions in New York City Criminal Court.