United States v. Erick Anchondo, 156 F.3d 1043 (10th Cir. 1998). · Go Syfert
United States v. Erick Anchondo, 156 F.3d 1043 (10th Cir. 1998). Cases Citing This Book View Copy Cite
105 citation events (95 in the last 25 years) across 19 distinct courts.
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At page 1045 Justifying warrantless search incident to arrest42 citing casesIn order to be a legitimate ‘search incident to arrest,’ the search need not take place after the arrest. A warrantless search preceding an arrest is a legitimate ‘search incident to arrest’ as long as (1) a legitimate basis for the arrest- existed before the search, and (2) the arrest followed sh…7 citing courts put it this way · 41 listed here · 1 cautionary
  • Whitehead v. Com., 683 S.E.2d 299 (Va. 2009).published Cited "but see"
    (holding that a positive canine alert provides probable cause to arrest the driver of the vehicle and finding that a fruitless search of the vehicle made it more likely that the contraband was on the bodies of the driver…)
  • Montgomery v. Cruz, 162 F.4th 1285 (10th Cir. 2026).published 2 cites
    (A warrantless search preceding an arrest is a legitimate ‘search incident to arrest’ as long as . . . the arrest followed shortly after the search.)
  • Tinsley v. Amtrak, No. 1:20-cv-00821 (D.N.M. Sept. 30, 2022). 2 cites
    (A warrantless search preceding an arrest is a legitimate “search incident to arrest” as long as (1) a legitimate basis for the arrest existed before the search, and (2) the arrest followed shortly after the search.)
  • United States v. David D. Lewis, 147 A.3d 236 (D.C. 2016).published 2 cites
    (In order to be a legitimate ‘search incident to arrest,’ the search need not take place after the arrest. A warrantless search preceding an arrest is a legitimate ‘search incident to arrest’ as long as (1) a legitimate…)
  • United States v. Fortune, No. 99-6337 (10th Cir. May 30, 2000).unpublished 2 cites
    ([O]fficers may conduct a warrantless search of a person when it is incident to a lawful arrest of that person.)
  • United States v. Sigala-Baray, No. 25-1245 (10th Cir. Sept. 1, 2026).unpublished
    Warrantless searches are presumptively unreasonable, id. (quoting Groh v. Ramirez, 540 U.S. Appellate Case: 25-1245 Document: 48 Date Filed: 09/01/2026 Page: 6 551, 559 (2004)), but “officers may conduct a warrantless search of a person wh…
  • Wu, No. 1:25-cv-03728 (D. Colo. Aug. 17, 2026).
    It is true, as the defendants say, see ECF No. 22 at 9, that “[i]n order to be a legitimate ‘search incident to arrest,’ the search need not take place after the arrest.” United States v. Anchondo, 156 F.3d 1043, 1045 (10th Cir. 1998).
  • State v. Raine, No. 127215 (Kan. Ct. App. Aug. 14, 2026).unpublished
    (concluding an officer's subjective intent to arrest the defendant for a particular offense is immaterial for analyzing search incident to arrest; search justified if objective facts would have supported arrest for an of…)
  • Sloan, No. 1:24-cv-00992 (D. Colo. Dec. 30, 2025).
    Based on Plaintiff’s allegations, Defendant Carrera also cannot rely on a search incident to arrest to justify the information he provided for the Affidavit. “[T]o determine whether a search is incident to an arrest, [a court] ask[s] only…
  • State v. Martin, 544 P.3d 820 (Kan. 2024).published
    A warrantless search preceding an arrest is a valid search incident to arrest if "'(1) a legitimate basis for the arrest existed before the search, and (2) the arrest followed shortly after the search.'" Conn, 278 Kan. at 393 (quoting Unit…
Show 31 more citing cases
  • Hoskins v. Withers, 92 F.4th 1279 (10th Cir. 2024).published
    See United States v. Klinginsmith, 25 F.3d 1507, 1510 (10th Cir. 1994) (recognizing probable cause for an arrest when a dog alerted to the outside of a car); United States v. Anchondo, 156 F.3d 1043, 1045 (10th Cir. 1998) (same).
  • Marck v. City of Aurora, The, No. 1:21-cv-01071, 2022 WL 889175 (D. Colo. Mar. 25, 2022).
    United States v. Anchondo, 156 F.3d 1043, 1045 (10th Cir. 1998).
  • State of Iowa v. Yale Stevens, 970 N.W.2d 598 (Iowa 2022).published
    App. Ct. 2000) (agreeing in a pre-Pringle case with the defendant’s argument “that a police canine alert of a car’s exterior indicating the presence of a controlled substance within the car does not, without more, provide the police with p…
  • State v. Cash, 483 P.3d 1047 (Kan. 2021).published
    (concluding an officer's subjective intent to arrest the defendant for a particular offense is immaterial for analyzing search incident to arrest; search justified if objective facts would have supported arrest for an of…)
  • State v. Cousan, 2019 OK CR 16, 447 P.3d 481.published 2 cites
    (finding search of suspect was valid as incident to arrest, where probable cause existed, even though officer did not intend to arrest but was conducting a Terry frisk)
  • Mocek v. City of Albuquerque, 3 F. Supp. 3d 1002 (D.N.M. 2014).published
    July 24, 2008) (Browning, J.)(quoting United States v. Anchondo, 156 F.3d 1043, 1045 (10th Cir.1998)).
  • Howards v. McLaughlin, 634 F.3d 1131 (10th Cir. 2011).published 2 cites
    ([O]fficers may conduct a warrantless search of a person when it is incident to a lawful arrest of that person.)
  • United States v. Romero, 743 F. Supp. 2d 1281 (D.N.M. 2010).published
    While the Tenth Circuit in United States v. Torres-Castro stated that "a search may precede an arrest and still be incident to that arrest,” 470 F.3d at 997 , the Tenth Circuit expressly limited pre-arrest protective sweeps to cases in whi…
  • United States v. Beltran-Palafox, 731 F. Supp. 2d 1126 (D. Kan. 2010).published 2 cites
    United States v. Anchondo, 156 F.3d 1043, 1045-46 (10th Cir.1998). 175 . 156 F.3d 1043, 1045-46 (10th Cir.1998). 176 .
  • United States v. Sanchez, 555 F.3d 910 (10th Cir. 2009).published
    United States v. Anchando, 156 F.3d 1043, 1045 (10th Cir.1998).
  • United States v. Troxel, 547 F. Supp. 2d 1190 (D. Kan. 2008).published
    A warrantless search preceding an arrest is a legitimate ‘search incident to arrest’ as long as (1) a legitimate basis for the arrest existed before the search, and (2) the arrest followed shortly after the search.” United States v. Anchon…
  • United States v. Mercado-Nava, 486 F. Supp. 2d 1271 (D. Kan. 2007).published
    United States v. Anchondo, 156 F.3d 1043, 1045 (10th Cir.1998).
  • United States v. Rollins, 190 F. App'x 739 (10th Cir. 2006).unpublished
    United States v. Anchondo, 156 F.3d 1043, 1045 (10th Cir.1998).
  • United States v. Ojeda-Ramos, 455 F.3d 1178 (10th Cir. 2006).published 2 cites
    (A canine alert provides the probable cause necessary for searches and seizures.)
  • State v. Anderson, 136 P.3d 406 (Kan. 2006).published 2 cites
    The State’s only support for a contrary conclusion is United States v. Anchondo, 156 F.3d 1043, 1045 (10th Cir. 1998).
  • United States v. Torres-Castro, 374 F. Supp. 2d 994 (D.N.M. 2005).published 3 cites
    (search of person preceding arrest)
  • United States v. Rosborough, 366 F.3d 1145 (10th Cir. 2004).published
    (concluding that a canine alert outside and inside of a vehicle creates probable cause to search the driver’s person for contraband)
  • United States v. Strabala, 50 F. App'x 924 (10th Cir. 2002).unpublished
    “A warrantless search preceding an arrest is a legitimate ‘search incident to arrest’ as long as (1) a legitimate basis for the arrest existed before the search, and (2) the arrest followed shortly after the search.” United States v. Ancho…
  • United States v. Van Dam, 37 F. App'x 461 (10th Cir. 2002).unpublished
    United States v. Anchondo, 156 F.3d 1043, 1045 (10th Cir.1998).
  • United States v. Vogl, 7 F. App'x 810 (10th Cir. 2001).unpublished
    Absent certain exceptions, “[t]he Fourth Amendment normally requires that law enforcement officers obtain a warrant, based on probable cause, before conducting a search.” United States v. Anchondo, 156 F.3d 1043, 1045 (10th Cir.1998).
  • United States v. Prieto-Zubia, 103 F. Supp. 2d 1292 (D. Kan. 2000).published
    “Probable cause to arrest exists when an officer has learned of facts and circumstances through reasonably trustworthy information that would lead a reasonable person to believe that an offense has been or is being committed by the person…
  • United States v. McKissick, 204 F.3d 1282 (10th Cir. 2000).published 2 cites
    There are limited exceptions to that rule, however, one of which is that officers may conduct a warrantless search of a person when it is incident to a lawful arrest of that person. ' United States v. Anchondo, 156 F.3d 1043, 1045 (10th Ci…
  • Travis Dean Schaub v. The State of Wyoming, 2024 WY 100, 556 P.3d 215.published 2 cites
    See Powell, 483 F.3d at 839 (collecting cases). 6 156 F.3d 1043, 1045 (10th Cir. 1998). [¶18] The governing cases also make clear that the crime for which the defendant is ultimately arrested need not be the crime that initially supplied p…
  • State v. Dudsak, 2021-Ohio-3632.published
    (canine alert on defendant’s car provided sufficient probable cause to arrest the defendant)
  • United States v. Adam Chartier, 772 F.3d 539 (8th Cir. 2014).published
    (Even if the subsequent fruitless search of the car diminished the probability of contraband being in the car, it increased the chances that whatever the dog had alerted to was on the defendants’ bodies.)
  • State v. Beltran, 300 P.3d 92 (Kan. Ct. App. 2013).published
    A search will be upheld so long as “there [is] a legitimate basis for the arrest prior to the search.” 470 F.3d at 997 ; see United States v. McKissick, 204 F.3d 1282, 1296 (10th Cir. 2000) (search before arrest constitutionally acceptable…
  • United States v. Williams, 238 F. App'x 384 (10th Cir. 2007).unpublished
    See United States v. Anchondo, 156 F.3d 1043, 1045-46 (10th Cir.1998).
  • United States v. Victor Manuel Torres-Castro, 470 F.3d 992 (10th Cir. 2006).published 2 cites
    (search of a person preceding arrest)
  • United States v. Claudio Lugo, AKA Lugo Mano, Joel Logue-Lugo, Joel Lugo Luke, 170 F.3d 996 (10th Cir. 1999).published 4 cites
    See United States v. Anchondo, 156 F.3d 1043, 1045 (10th Cir. 1998).
  • Pfalzgraf, Brian v. Rusk Cnty., No. 3:23-cv-00877 (W.D. Wis. Apr. 11, 2025).
    (holding that a K-9’s alert to)
  • State v. Conn, 99 P.3d 1108 (Kan. 2004).published
At page 1043 TACHA, Circuit Judge. The defendant was indicted on one of count of possession with intent to distribute more than 500 grams of cocaine, in violation of 21…1 citing caseopening of page *1043 (no citing court says what it cites this page for)
  • United States v. Berrelleza, 90 F. App'x 361 (10th Cir. 2004).unpublished
    United States v. Anchondo, 156 F.3d 1043, 1043-45 (10th Cir.1998); Morales-Zamora, 914 F.2d at 203-04.
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee,
v.
Erick ANCHONDO, Defendant-Appellant
97-2305.
Court of Appeals for the Tenth Circuit.
Sep 1, 1998.
Published opinion
156 F.3d 1043
1998 U.S. App. LEXIS 21392
1998 WL 559355
Thomas L. Wright (Gary J. Hill on the brief), The Law Offices of Gary Hill, El Paso, TX, for Defendant-Appellant., J. Miles Hanisee, Office of U.S. Atty., District of New Mexico, Albuquerque, NM (John J. Kelly, U.S. Atty., District of New Mexico, Albuquerque, NM, Daniel F. Haft, Office of U.S. Atty., District of New Mexico, Las Cruces, NM, on the brief), for Plaintiff-Ap-pellee.
Tacha, Baldock, Kelly.
Cited by 52 opinions  |  Published
TACHA, Circuit Judge.

The defendant was indicted on one of count of possession with intent to distribute more than 500 grams of cocaine, in violation of 21 U.S.C. § 841(a)(1) and 841(b)(1)(B), and for aiding and abetting, in violation of 18 U.S.C. § 2. After the district court denied his motion to suppress evidence, the defendant entered a conditional guilty plea. He now appeals the denial of his motion to suppress. We take jurisdiction pursuant to 28 U.S.C. § 1291 and affirm.

1.

On the evening of January 9, 1997, the defendant and his passenger, Felipe Garcia, stopped at a fixed checkpoint on Highway I-25, about 26 miles north of Las Cruces, New Mexico. While one border patrol agent asked the men routine questions, another agent walked a drug-sniffing canine around the exterior of the defendant’s sedan. During this canine inspection, the dog “alerted,” indicating the presence of illegal narcotics.

Based on the canine alert, the agents asked the defendant to move his car to a secondary inspection area in order to confirm the canine’s alert. The defendant consented, moved the ear, and voluntarily exited the vehicle to allow a more thorough search of the car. The dog again alerted to the inside of the ear and the defendant and Garcia were moved to a nearby trailer.

The border patrol agents were unable to locate the presence of any contraband in the vehicle. Agent Alvarado went to the trailer and asked the defendant and Garcia if they had any personal amounts of contraband in the vehicle. Defendant responded by stating: “[yjou’re not going to find anything in that vehicle.” Applt. App. at 11. At the suppression hearing, the defendant denied making this statement. In reviewing a motion to suppress, however, we consider the evidence in the light most favorable to the district court’s ruling, see United States v. Elliott, 107 F.3d 810, 813 (10th Cir.1997), md therefore must assume the statement was made.

Agent Jose Alvarado then conducted a ‘pat and frisk” of the defendant’s outer cloth[*1045] ing, which he described as “loose.” Applt. App. at 12. During the search, Agent Alvarado felt a hard object in the defendant’s waistline. The agent testified that he believed the object to be the butt of a semiautomatic handgun. The agent removed the object and found that it was a package of cocaine strapped to the defendant’s stomach. Four such packages were recovered from the defendant. Marijuana was found on the body of Garcia.

II.

When reviewing a district court’s grant or denial of a motion to suppress, we accept the district court’s factual findings unless they are clearly erroneous. See Elliott, 107 F.3d at 813. The ultimate conclusion of whether the Fourth Amendment allowed a particular stop, however, is a legal determination that we review de novo. See id.

The defendant admits that the officers had probable cause to search the vehicle. He argues, however, that under the totality of the circumstances, the agents had no authority to search the defendant’s person for illegal narcotics. Furthermore, the defendant argues that the agents cannot even make the less onerous showing under Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968), to justify a pat-down search of the defendant for weaponry. According to the defendant, if the agents had truly thought that the defendant posed a threat to their safety, they would have patted him down immediately after moving him to the secondary inspection area.

We find it unnecessary to address the parties arguments on the application of Terry v. Ohio to this case because the agents were justified in conducting a full, warrant-less search of the defendant under these circumstances. The Fourth Amendment normally requires that law enforcement officers obtain a warrant, based on probable cause, before conducting a search. See, e.g., New York v. Belton, 453 U.S. 454, 457, 101 S.Ct. 2860, 69 L.Ed.2d 768 (1981). There are limited exceptions to that rule, however, one of which is that officers may conduct a war-rantless search of a person when it is incident to a lawful arrest of that person. See Chimel v. California, 395 U.S. 752, 762-63, 89 S.Ct. 2034, 23 L.Ed.2d 685 (1969). In order to be a legitimate “search incident to arrest,” the search need not take place after the arrest. A warrantless search preceding an arrest is a legitimate “search incident to arrest” as long as (1) a legitimate basis for the arrest existed before the search, and (2) the arrest followed shortly after the search. See United States v. Rivera, 867 F.2d 1261, 1264 (10th Cir.1989); cf. Rawlings v. Kentucky, 448 U.S. 98, 111, 100 S.Ct. 2556, 65 L.Ed.2d 633 (1980) (stating that where the arrest was justified before the search and the arrest “followed quickly on the heels of the challenged search of petitioner’s person, we do not believe it particularly important that the search preceded the arrest rather than vice versa.”). Whether or not the officer intended to actually arrest the defendant at the time of the search is immaterial to this two-part inquiry. See United States v. Ricard, 563 F.2d 45, 49 (2d Cir.1977).

First, we inquire as to whether the agent had a legitimate basis to arrest the defendant at the time of the search. Arrests must be based on probable cause. Probable cause to arrest exists when an officer has learned of facts and circumstances through reasonably trustworthy information that would lead a reasonable person to believe that an offense has been or is being committed by the person arrested. See United States v. Morgan, 936 F.2d 1561, 1568 (10th Cir.1991). A canine alert provides the probable cause necessary for searches and seizures. See United States v. Ludwig, 10 F.3d 1523, 1527 (10th Cir.1993). Here, the canine alerted twice to the inside of the defendant’s car. Under Ludwig, that provided the probable cause necessary to arrest the defendant. Even if the subsequent fruitless search of the car diminished the probability of contraband being in the car, it increased the chances that whatever the dog had alerted to was on the defendants’ bodies.

Second, we determine whether the actual arrest was too remote from the search. Here, the arrest occurred immediately after[*1046] the drugs were found on the defendant’s body.

III.

Given the above analysis, the discovery of cocaine on the defendant’s person was the result of a lawful search incident to arrest. We AFFIRM.