United States v. Martin Steve Chavira, 9 F.3d 888 (10th Cir. 1993). · Go Syfert
United States v. Martin Steve Chavira, 9 F.3d 888 (10th Cir. 1993). Cases Citing This Book View Copy Cite
44 citation events (24 in the last 25 years) across 7 distinct courts.
Treatment trajectory · 1994 → 2026 · click a year to view as-of
1994 2010 2026
Top citers, strongest first. 9 distinct citers. How cited ↗
examined Cited as authority (rule) State v. Cardenas-Alvarez (11×) also: Cited "see"
N.M. · 2001 · confidence medium
In Cardenas-Alvarez, the two-judge majority recognized that unlike New Mexico courts, which demand “reasonable suspicion” to extend a detention beyond routine questions, the Tenth Circuit requires mere “suspicious circumstances.” 2000-NMCA-009, ¶ 14 , 128 N.M. 570 , 995 P.2d 492 (comparing State v. Galloway, 116 N.M. 8, 9 , 859 P.2d 476, 477 (Ct.App.1993) with United States v. Chavira, 9 F.3d 888, 889 (10th Cir.1993)).
examined Cited as authority (rule) State v. Cardenas-Alvarez (8×) also: Cited "see", Cited "see, e.g."
N.M. Ct. App. · 2000 · confidence medium
When permitting extended detentions, the distinguishing characteristic between our state cases and Tenth Circuit cases is “reasonable suspicion” versus “suspicious circumstances.” Compare Galloway, 116 N.M. at 9 , 859 P.2d at 477 (stating reasonable suspicion is needed “to refer the vehicle to the secondary area ... ”), with Chavira, 9 F.3d at 889 (stating suspicious circumstances to allow continued detention past routine inquiry).
discussed Cited as authority (rule) Romo v. Champion
10th Cir. · 1995 · confidence medium
This court has held "in several cases that a dog alert without more [creates] probable cause for searches and seizures." United States v. Ludwig, 10 F.3d 1523, 1527 (10th Cir.1993) (citations omitted); see also United States v. Klinginsmith, 25 F.3d 1507, 1510 (10th Cir.), cert. denied, --- U.S. ----, 115 S.Ct. 669 , 130 L.Ed.2d 602 (1994) (No. 94-816); United States v. Chavira, 9 F.3d 888, 890 (10th Cir.1993).
discussed Cited as authority (rule) Romo v. Champion
10th Cir. · 1995 · confidence medium
This court has held “in several cases that a dog alert without more [creates] probable cause for searches and seizures.” United States v. Ludwig, 10 F.3d 1523, 1527 (10th Cir.1993) (citations omitted); see also United States v. Klinginsmith, 25 F.3d 1507, 1510 (10th Cir.), cert. denied, — U.S.-, 115 S.Ct. 669 , 130 L.Ed.2d 602 (1994) (No. 94-816); United States v. Chavira, 9 F.3d 888, 890 (10th Cir.1993).
discussed Cited "see" United States v. Robinson
10th Cir. · 2001 · signal: see · confidence high
See United States v. Chaviva, 9 F.3d 888 , 890 n. 1 (10th Cir.1993) (“Although consent is not required for a dog sniff of a lawfully detained vehicle ... it is required for continued detention beyond the lawful period.”).
cited Cited "see" United States v. Marin
10th Cir. · 1996 · signal: see · confidence high
See United States v. Chavira, 9 F.3d 888 , 890 n.1 (1993).
discussed Cited "see" United States v. Donald Albert Massie and Carson Lewis (2×) also: Cited "see, e.g."
10th Cir. · 1995 · signal: see · confidence high
See id. at 890 n. 1 (“[C]onsent is not required for a dog sniff of a lawfully detained vehicle....”); see also United States v. Place, 462 U.S. 696, 707 , 103 S.Ct. 2637, 2644-45 , 77 L.Ed.2d 110 (1983) (dog sniff does not constitute a search).
discussed Cited "see, e.g." Employee Painters' Trust v. Clifton
D. Nev. · 2019 · signal: see also · confidence medium
The plan 5 instrument establishes “the allocation of responsibilities for the operation and administration of the 6 plan,” 29 U.S.C. § 1102 (b)(2), and the plan fiduciaries must discharge their duties “in accordance 7 with the documents and instruments governing the plan insofar as such documents and instruments 8 are consistent with [ERISA].” Id. § 1104(a)(1)(D); see also Hunt v. Hawthorne Assocs., Inc., 119 9 F.3d 888, 891 (11th Cir.1997) (“The cornerstone of an ERISA plan is the written instrument . . .”). 10 While the Ninth Circuit also makes clear that a defendant cannot def…
discussed Cited "see, e.g." United States v. Anthony Latory Robinson
10th Cir. · 1994 · signal: see, e.g. · confidence medium
See, e.g., United States v. Chavira, 9 F.3d 888, 889 (10th Cir.1993) (consent obtained during permissible detention; motion properly denied); Ludlow, 992 F.2d 260, 265 (same). 6 We therefore AFFIRM the denial of the motion to suppress.
Retrieving the full opinion text from the archive…
UNITED STATES of America, Appellant,
v.
Martin Steve CHAVIRA, Appellee
93-2048.
Court of Appeals for the Tenth Circuit.
Nov 16, 1993.
9 F.3d 888
Francisco Macias, El Paso, TX, for appel-lee., Richard A. Friedman (Don J. Svet, U.S. Atty., James D. Tierney, Asst. U.S. Atty., with him on the brief) Attorney, Appellate Section, Crim. Div., Dept, of Justice, Washington, DC, for appellant.
Moore, Feinberg, Anderson.
Cited by 21 opinions  |  Published
FEINBERG, Circuit Judge:

The United States appeals from an order entered January 29, 1993, in the United States District Court for the District of New Mexico, James A. Parker, J., suppressing evidence found during a Border Patrol stop of Martin Steve Chavira. Judge Parker’s opinion is reported at 811 F.Supp. 628. Because we find that Chavira consented to a dog-sniff of his vehicle that led to the search of his vehicle in the course of a permissible detention, we reverse the suppression order.

On June 7, 1992, Chavira drove a car to a fixed Border Patrol checkpoint near Alamogordo, New Mexico. Border Patrol Agent Carlos Robles asked Chavira if he was a United States citizen, to which he responded affirmatively. Robles then went on to ask Chavira his destination and related questions. During this brief detention, Agent Robles requested and obtained permission to subject Chavira’s car to a dog-sniff. The trained dog alerted to the presence of contraband. A subsequent search revealed 39 pounds of marijuana and 2.48 pounds of cocaine.

Chavira was indicted for possession, with intent to distribute, of more than 500 grams of cocaine in violation of 21 U.S.C. §§ 841(a)(1) and (b)(1)(B) and less than 50 kilograms of marijuana in violation of 21 U.S.C. §§ 841(a)(1) and (b)(1)(D).

The district court held that once Robles had asked Chavira whether he was a citizen and had received a satisfactory answer to his question, further questioning on what the district court regarded as matters “unrelated to immigration status” was impermissible absent “suspicious circumstances.” 811 F.Supp. at 630. The drugs were thus suppressed as the fruit of an illegal detention and search.

Contrary to the district court’s holding, however, Agent Robles needed no suspicious circumstances to justify asking Chavira his destination. After the district court ruled in this case, we made clear that the permissible scope of a routine border checkpoint stop extends beyond a mere inquiry into citizenship. Thus, the district court did not have the benefit of our observation that

a few brief questions concerning such things as vehicle ownership, cargo, destination, and travel plans may be appropriate if reasonably related to the agent’s duty to prevent the unauthorized entry of individuals into this country and to prevent the smuggling of contraband.

United States v. Rascon-Ortiz, 994 F.2d 749, 752 (10th Cir.1993) (emphasis added). Inquiry as to a motorist’s destination and travel plans is reasonably related to the Border Patrol’s duties in that it tests the motorist’s demeanor and credibility and may indicate whether the motorist is going to a location where smuggling is a problem.

Thus, Robles’s inquiry into Chavira’s destination was permissible even in the absence of suspicious circumstances. During this inquiry, Chavira stated that he was en route to Oklahoma to buy cars. Chavira was driving alone and did not appear to be carrying a tow bar. In light of his claim that he planned to buy cars, these facts reasonably aroused Robles’s suspicions and prompted him to ask further questions. “Suspicious circumstances” justify a brief detention for further questioning. See United States v. Ludlow, 992 F.2d 260, 264 (10th Cir.1993). Chavira claimed that his father was going to pick up the cars at a later time. He also claimed he was planning to shop for cars through the classified advertisements, although it was more common, in Agent Robles’s experience, for car haulers to buy cars at auctions. We have examined the record and conclude that all of Robles’s questions were justified.

During this permissible detention, Agent Robles requested and obtained permission to have a trained dog sniff the vehi[*890] cle. [1] When the dog indicated the presence of narcotics, Robles had probable cause to conduct a search, Morales-Zamora, 914 F.2d at 205, which revealed the marijuana and cocaine. Therefore, the drugs found were not subject to suppression.

REVERSED and REMANDED.

1

. Although consent is not required for a dog sniff of a lawfully detained vehicle even absent "individualized reasonable suspicion,” United States v. Morales-Zamora, 914 F.2d 200, 203 (10th Cir.1990), it is required for continued detention beyond the lawful period. In this case, Chavira consented to the dog-sniff, and in so doing consented to the resulting brief detention.